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In Family Law

Is It Possible To Evict Your Spouse From Your Residence?

Family Lawyer

While going through the process of divorce, your marital property is still shared between you and your spouse. If both of you refuse to leave the family home before finalizing the divorce, it can lead to some awkward situations. This is particularly true if the divorce is hostile or contested. Is there a way for you to keep your spouse out of the family home before you finalize the divorce?

Are You Both on the Title?

If the two of you share the title of the home, then you legally cannot bar your spouse from entering the premises in most circumstances. He or she may have every right to be there. While most couples work out an arrangement, you cannot kick your spouse out of the home without taking the proper legal measures under serious circumstances. Even then, if your spouse pays any of the bills or utilities, he or she may have a case to enter the home.

Is Your Spouse Abusive?

If there is a history of domestic violence or if you do not feel safe … Read the rest

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October 7, 2020
In Family Law

What Are The Considerations When Applying For Alimony?

Family Lawyer

Spouses who have decided to get divorced will probably need to have several emotional and tense discussions. One of these conversations is likely to be about whether alimony is needed. The intention of alimony is to eliminate unfair financial impacts that result from the divorce, particularly if one spouse made significantly more than the other or one didn’t earn any wage at all. Most divorcing couples will have to agree to some degree of alimony, even if it is only temporary while one gets on their feet financially. 

What are the considerations when applying for alimony?

Some questions you may want to ask yourself include things like whether you really need the support, if you are more concerned about being able to support your children, and if you are being fair in how much you want from your ex. Sometimes, former spouses can get resentful towards the other and want to find ways to seek revenge for the heartache. It is best to view alimony with a factual eye and realistically evaluate whether you need the support in … Read the rest

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September 29, 2020
In Family Law

What Does Equitable Distribution Mean?

Family Law

The state in which you live is the one where you need to file for divorce. Unless you have lived there for less than the required timeframe (often six months), then it is that state’s laws that will dictate the procedure you should file for divorce.

There can be numerous issues that stress you out during your divorce. The top two most cited examples are child custody and finances. When a couple goes to divide up the property and debt they have amassed over the years of their marriage, things can go south pretty fast. If you live in an equitable division state, you may want to read up on how the process works so you can get an idea about what you may get when the divorce is finalized.

What Does Equitable Distribution Mean?

If your state law says that property is split equitably during divorce, then the process is not cut and dry. First, the court will determine what you owned separately. This is anything that you had in your name before you got married. The … Read the rest

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May 16, 2020
In Family Law

FAQs: Temporary Child Custody Orders During Divorce

Family Lawyer

The divorce process can take some time. When it comes to matters involving child custody, it doesn’t always make sense to wait until a resolution is reached to start implementing your child custody agreement. In some cases, it may even be challenging to sort out the details right away, especially when two people are in disagreement over how they will share custody of their children. Children can’t always wait for parents to sort out the details, which is where child custody orders come into play. You may need a child custody lawyer to help you negotiate agreements and help you to advocate for your needs. The following are answers to frequently asked questions regarding temporary child custody orders during divorce. 

What is a temporary child custody order?

Child custody issues can be litigious. You and your soon to be ex may have difficulty working out long term agreements. Children can’t wait. They need to know where they will be living and how their time will be shared, especially amidst the significant changes they will be facing when their … Read the rest

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January 16, 2020
In Family Law

Name Change And Divorce

Divorce Lawyer

Shakespeare’s Juliet famously asked, “What’s in a name?” For many people, the answer is actually quite a lot. Your name may be the single biggest identifier in your life. To retain the name of an ex-spouse can be a constantly frustrating reminder of a difficult time in your life from which you may prefer to move on.

Fortunately, the law provides methods of changing your legal name at almost any time, for any reason or for no reason. However, some of these methods are more difficult and costly than others. If you are changing your name due to a divorce that is still in process, you can simplify the process by including the name change as part of your divorce.

Name Change By Petition

This is the most difficult and costly process, but it is available to any adult regardless of situation or marital status. You will need to fill out paperwork, file the forms, pay a fee, and attend a hearing. You may also have to undergo a criminal background check and publish a public notice in … Read the rest

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October 5, 2019
In Family Law

Child Support Lawyer Memphis, TN

Child Support Lawyer Memphis, TN

Parents are eligible to receive child support payments from another parent as a result of divorce. Parents can also make a request for child support in a paternity action in juvenile court. Unfortunately, many parents go through the child support process without understanding how payments are calculated.

How is Child Support Calculated?

In the state of Tennessee, guidelines are in place that help to calculate how much child support must be paid. Deviations from the guidelines may occur if the Court finds that it is in the best interests of the children.

The Tennessee guidelines require that the combined monthly gross income of both parents first be determined. This means that it is necessary to add up income from all sources from both parents. The gross income is then used to determine how much basic support the child or children will receive. This basic support amount is affected by the number of children the parents have and the number of days of parenting time with each child.

Credits are also given for other supported children, … Read the rest

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July 31, 2018
In Family Law

Alimony Awards in Divorce: Family Law Memphis, TN

Alimony Awards in Divorce: Family Law Memphis, TN

Alimony family law Memphis, TN attorneys can help you understand the types of alimony. Alimony is financial support paid by one ex-spouse to the other after the marriage has legally ended. Alimony is also referred to as spousal support. Further, parties may seek alimony during a divorce or separate maintenance claim. However, this post will focus on alimony awarded in divorce. A party’s need, and the other party’s ability to pay, are used to determine an award of alimony.

Tennessee’s Alimony Factors

Courts consider the following factors:

  1. The relative earning capacity, obligations, needs, and financial resources of each party;
  2. The relative education and training of each party;
  3. The ability and opportunity of each party to secure such education and training;
  4. The necessity of a party to secure further education and training to improve such party’s earning capacity to a reasonable level;
  5. The duration of the marriage;
  6. The age and mental condition of each party;
  7. The physical condition of each party, including, but not limited to, physical disability or incapacity due to
… Read the rest Continue Reading
July 26, 2018
In Family Law

Mental Health Records in Custody Proceedings

Mental Health Records in Custody Proceedings

During custody proceedings, including divorce, Tennessee courts have a duty to protect the best interests of children. Courts must also respect patient privacy and encourage individuals to seek treatment. When one parent alleges that another parent has mental health issues, Courts balance the interests of the children and the privacy of parents. The Tennessee Court of Appeals addressed these concerns in the case of Culbertson v. Culbertson, 455 S.W.3d 107 (Tenn. Ct. App. 2014).

The Culbertson allegations.

The mother alleged that she should be named as the primary residential parent. The mother alleged that the father had a history of mental health issues, including depression. In response to the allegations, the father denied that he was incapable of caring for the minor children. He also agreed to submit to a mental health evaluation by a licensed psychologist. Pursuant to Tennessee law, a party can agree to a Rule 35 health evaluation.

The psychologist concluded that the father did not represent a threat of harm to his minor children. He also agreed that … Read the rest

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July 23, 2018
In Family Law

Contact a Family Lawyer Memphis, TN if Life Insurance is Changed During Divorce Proceedings

Contact a Family Lawyer Memphis, TN if Life Insurance is Changed During Divorce Proceedings

Tennessee Injunctions upon Filing Divorce.

Ask a family lawyer Memphis, TN about Tennessee law, which requires these injunctions. At the time a spouse files a complaint for divorce in Memphis,  TN, a set of automatic injunctions go into place.   They prevent either of the parties from taking certain actions. The parties are prevented from making changes to life insurance policies, hiding or disposing of assets, relocating with minor children, and harassing one another. These injunctions remain in place until the divorce is final or dismissed.

Unfortunately, all too often, some parties fail to abide by these rules.  A party may, in violation of the Court’s order, change life insurance beneficiaries or dispose of an asset. There are a number of remedies the other party can seek through a family lawyer Memphis, TN in order to rectify these issues.  For example, the other party may be cited for contempt of court. These issues can have large implications for assets and life insurance policies. However, a party may … Read the rest

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July 19, 2018