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Montgomery County Divorce Law Blog

2 ways to improve your divorce outcome

When it comes to divorce in Clarksville, the decisions you make now can haunt you forever. You may be ready to sever ties with your spouse now, but you should be mindful about the way you go about it. Instead of looking for the fastest way out of your marriage, you should work on creating the best exit strategy possible. 

Whether or not there are children and pets involved, the one person you should not neglect during this time is yourself. Assess your situation and think about what you hope to achieve with divorce. If you are leaving your partner because you truly believe the relationship is over, make sure your actions and decisions reflect that. Take some time to review the following advice on how to improve your post-divorce situation. 

Psychological concerns for children in divorce

Parents who are in the throes of a divorce know exactly how complicated the process can be -- in psychological, emotional, financial and legal terms. Just as it's complicated for you, however, it's also complicated for your children. As such, you may want to consider what your child is going through so you can support him or her to "weather the divorce storm."

One thing parents will need to keep in mind is that children do not immediately understand the permanence of divorce. Kids who are born into a family with a mom and dad expect life to always be like that. Some children may have a hard time letting go of the wishful idea that their parents will soon be back together again. This wishful thinking may be a coping mechanism to reduce the pain of divorce for your young child. Teenagers will usually accept the permanence of divorce more readily.

Couples are delaying marriage to spend more time dating

Most couples enter marriage with the intention of "until death do us part," but doesn't mean the marriages will endure. For this reason, the institution of divorce in modern society has become just as commonplace as the institution of marriage. Nevertheless, it appears that contemporary couples are waiting longer to get married, and this could be helping modern marriages endure.

Recent statistics published by Bridebook show that couples are waiting longer before they say "I do." Not only are people waiting until they're older before they get married, but they're also dating for longer periods before tying the knot.

Does adultery affect divorce in Tennessee?

Unfortunately, marriages do not always have happy endings. In 2016, there were over 25,000 recorded divorces in the state of Tennessee, according to the state's Department of Health

There are numerous factors that can affect the outcome of a divorce One of these can be adultery during the marriage.

How does the Hague Convention work?

When two people have a child, and they later split up or divorce, it's not uncommon for the couple to disagree about who should get to keep the child. These disagreements are usually resolved by the court. But what if one of the parents decides to leave the country with the child and take him or her overseas?

In this situation, it might be difficult for the law-abiding spouse to get his or her child back. This is due to the differences in foreign laws as they relate to child custody. A foreign country might choose to give the parent who kidnapped the child full custody -- even if a family law court in the United States awarded the other parent with custody.

What is exempt from marital property division?

The decision to divorce isn't easy -- especially when you've been married for a long time and have a great deal of shared assets with one another. You and your spouse will need to divide your assets by determining what assets are legally divisible as a part of your marital estate and what assets are not considered a part of the marital estate.

Generally speaking, the state of Tennessee, almost all income, debt, assets and property generated, earned or acquired following the date of marriage are considered marital property. This property is divisible in divorce. However, some property may be classified as individual property.

Examples of 3 types of alimony

When Tennessee spouses get divorced, it's not uncommon for one spouse to have a far greater earning capacity than the other spouse. For example, perhaps one spouse stayed home with the children, taking care of house and home, while the other spouse worked to earn a living at a high-paying job. If these two spouses choose to get a divorce, the higher-earning person may be required to pay alimony -- or spousal support -- to the lesser-earning party.

If spousal support is awarded in your divorce proceedings, the alimony may fall into one of the following three categories:

Co-parenting through your first school year as a divorced couple

Summer vacations are over, and your child has returned to school. It is also your first school year co-parenting as a divorced couple. Before, you and your spouse may have shown up for conferences and sports games together and sat together. You do not now, and it can be awkward.

How should you act?

Divorce for business owners in Tennessee

If you own a successful business, and you're going through a divorce, you're no doubt worried about how your business assets will be divided during the dissolution of your marriage. Assets and earnings acquired following the day you said "I do" will be considered a part of your marital estate. This means that your soon-to-be-ex likely has the legal right to acquire part ownership of your business in your divorce proceedings.

Even if you started your business before you got married, it may still be a part of your marital estate -- at least partially. As a part of your divorce process, you'll need to determine the value of your business prior to marriage, and the current value of your business. If the business is worth more now than it was prior to marriage, that increase in value will be part of what's divisible during your divorce process.

What happens to art when an artist gets divorced?

If you work and earn your living off the art you make with your hands, you may have a lot of different art pieces scattered around your home. You might have an entire studio filled with art, as well as art on consignment at art galleries across the world. Artists who own a lot of their art usually have a lot of questions about what will happen to their works in their divorce proceedings.

This is an interesting question because of the way artists can feel emotionally connected to the works they create. In fact, some artists talk about their art pieces the way they'd talk about their children. The law, however, will not view an artist's art as belonging solely to him or her during the divorce process. Tennessee law will likely categorize an artist's valuable works as a part of the marital estate if the art was created during the course of the marriage.

The Law Office of Steven C. Girsky
503 Madison St.
Clarksville, TN 37040

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