Phone: 865-888-5707
Phone: 865-888-5707
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Divvying up digital assets in divorce

As more adults and kids alike regularly immerse themselves in the web, the assets they purchase and store there have become as real and valuable as physical items — if not more.

In a divorce, dividing digital assets such as video games, music, movies, online books and accounts should be included when the property is divided.

Can Tennessee child support orders be modified?

One thing that can be very important for parents who have split up is having a fair child support arrangement. Sometimes, after a child support order is initially set, circumstance changes occur that make a parent feel like the order is no longer fair.

For example, a parent paying child support may feel that circumstances have shifted in a way that makes it unrealistic for them to be able to keep making payments at the level set in the order. Or, a parent receiving child support may feel that changes have made it so that the amount of the support payments should be raised.

The assets that are not subject to split in Tennessee divorces

For many, the decision to divorce proves extremely difficult for Tennessee couples. Terminating a marriage can bring many emotions, but stress heightens when a judge begins to determine which spouse will receive specific assets and which assets will require division. Understanding the law surrounding property division lowers the potential for confusion during asset splitting in during divorce.

In Tennessee, a judge may not divide certain assets during divorce proceedings. Due to the process of equitable distribution, all marital property faces division, but property designated as “separate” only belongs to individual spouses and cannot transfer to another spouse. It is important to understand what constitutes marital and separate property, so that you and your spouse understand all elements when the court begins the process of property division. When going through a divorce, whether an uncontested or a contested divorce, you want to hire an experienced attorney to help you provide all necessary documents and present an accurate argument for specific assets.

Should you seek alimony? That depends on your career options

If you have been in a marriage for several years or longer, one thing that you may be concerned about is what will happen if you divorce and do not have a second income. Depending on the situation in your marriage, you may or may not have worked.

Your child deserves child support, no matter the amount

Child support can be an important part of a child's life. Even if the custodial parent has enough money to support themselves and their children, child support can't go unpaid. Child support is more than just a small token of support from one parent to a child. It's there to show that the parent is still invested in the child's health and happiness and to help the child have as normal a life as possible while growing up.

How do you divide property in an equitable distribution state?

Property division cases can sometimes be complicated and frustrating, but it pays to be professional and to focus on your needs instead of just your wants. When you have to decide on how to divide your property, the first thing you should consider is what you actually need along with what you can afford. For example, if you want to obtain the family home, you should first consider if you can afford to maintain it and the mortgage on your own. If so, how will that impact your other finances, and what would you be willing to "give up" in exchange for such a large asset?

In most cases, people can come together and work out a property division plan. Even if you and your spouse aren't getting along, you have options like negotiating through your attorneys, going to mediation or spending time in arbitration. If those fail, then a judge will decide who should receive what, which should be your last choice.

Yes, it can be necessary to modify your divorce decree

There are times when you may want to take your ex back to court to change a settlement. Why would you want to? It may come down to mistakes or changes in circumstances, or it could be because of your ex hiding assets or information during the trial or settlement process.

Sometimes, it's necessary to go back and change your divorce decree. For instance, if you currently pay spousal support, you may want to go back to alter the amount you pay if you lose your job or if your ex-spouse gets married or moves in with another partner. There are circumstances that could nullify your ex's right to alimony, so you would want to take advantage of them when they occur.

Will your good faith negotiations be sabotaged in mediation?

Mediation can be a very important part of a divorce proceeding. Do you feel you can reach a divorce agreement with your spouse, but things can sometimes get adversarial? Then working with a neutral, third-party mediator may be able to help. A mediator will guide the discussion and serve as a go-between during negotiations and communications. A mediator works to create an mutually-beneficial solution, but does not make any decisions for the couple.

Mediation is intended to minimize friction and to settle differences without involving the courts. This non-confrontational atmosphere aims to get spouses to use good faith negotiations to reach a conclusion. However, there are times that this form of conflict resolution can be sabotaged by one of the parties, preventing a settlement to be reached. What are these tactics and how can they be handled?

Military spouse benefits after divorce under the 20/20/20 rule

For military spouses who rely on full military benefits, losing coverage due to a divorce could mean huge financial and medical loss. Thankfully, there are provisions that may help keep you covered.

If you and your military ex-spouse meet certain criteria, you may be able to retain lifetime medical coverage and more - even after a divorce.

Adoption: Stepparents and their right to adopt stepchildren

As a stepparent who would like to adopt your stepchild, it can be a complicated situation. If the child's two biological parents don't agree, then there may be little you can do to help an adoption move forward.

However, if you can show that the biological father or mother has relinquished their parental rights or has not been present in the child's life for a long period of time, then it is possible to seek the adoption of your stepchild.

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