The very utterance of the word ‘Divorce’ usually brings forth negative feelings. In fact, the focus is on anything that stands broken: the relationship, finances, and the children, if any. We’ve all heard stories where divorce elicits only sad stories and the immense stress that the partners have undergone while breaking up. While we can’t seem to negate the obvious, there are other sides that often we tend to overlook about divorce. The process is definitely not a pleasant one. But with all the ups and downs, there are multiple degrees in how you and your soon to be former spouse can proceed.
Here are few basic ways that the divorce process can benefit you:
Chalking out custody plans to meet the family requirements
Tennessee courts must look to what is in the best interest of the child or children and not what’s in the best interest of the parent. Tennessee divorces that involve children must have a Parenting Plan. This plan outlines where and when the child should be somewhere. Also, it lays out holiday schedules, who will be the primary residential parent, and who has decision making rights and to what degree.
Determination of property rights
Once the divorce is filed, the marital assets and debts are also determined and decided. This can occur via a settlement or at trial with the judge determining and dividing assets. Tennessee law specifies that assets and debts are to be divided equitably, which is not always equally. For some marriages, this is a lot of work and your attorney must get a clear idea about the home and marital properties, bank accounts, insurance policies and investment savings, etc. With retirement accounts and family-owned businesses, the complication increases.
Getting spousal support obligations at the right place
Alimony is based on two things in Tennessee: (1) need and (2) the ability to pay. This concept is still in existence because a low-income individual must have the rights to proper financial support, at least on a temporary basis. Tennessee law recognized four (4) different types of alimony: (1) alimony in solido; (2) rehabilitative alimony, (3) alimony in future, and (4) transitional alimony. For a vast majority of cases, the alimony is temporary and supports the comparatively less advantaged spouse so as to obtain education and/or other training to become more financially independent. That being said, if the circumstances warrant, alimony could last until death or remarriage. So, these concerns must be addressed in detail with your attorney to stay safe.
However, all these things can be implemented if both sides are ready to work towards reconciling differences in a peaceful manner. Uncontested divorces are a possibility and can occur and result in out-of-court divorce settlements that occur faster and also incur considerably fewer expenses.
If you are considering divorce do not hesitate to contact us at Bullock Law Firm, PLLC, for your free consultation. (423) 566-6001 or firstname.lastname@example.org.