The Law Office of Steven C. Girsky
Contact us for a Free Initial Consultation
Local 931.266.4689

Montgomery County Divorce Law Blog

What you need to about divorce mediation in Tennessee

You may have heard of the concept of divorce mediation but may not be sure how it applies to your situation. To begin with, Tennessee law does require most divorcing couples to attempt mediation. Divorcing parents may need to attend court-ordered mediation sessions geared primarily at developing a parenting plan.

Many people find mediation offers them several benefits litigation may not. Because mediation centers on cooperation rather than confrontation, divorcing couples may find it easier to concentrate on looking for solutions rather than reacting to one another's actions. A mediation setting can lower the emotional stakes and help the parties into a more rational way of thinking.

Child custody in military divorce proceedings

Child custody disagreements concerning military divorce proceedings can be a little more complicated than normal divorce matters. One of the main issues relates to the service member who is deployed and working overseas away from his or her family. This service member may have a hard time advocating for child custody because he or she is not present to care for the child.

It's not uncommon for military parents deployed overseas to lose child custody while they are deployed. The loss of custody might technically only be temporary, but once the service member returns home, it could be hard to regain custody of the child. In fact, in some child custody situations, courts will deem that the child's best interest is served by allowing the child to stay with the parent who cared for him or her while the service member was deployed.

The unique challenges faced by military couples

In virtually every Tennessee divorce, the most important issues for consideration boil down to money and children. When it's a military divorce, the long deployments and constant moving around cause child- and money-related issues to create even higher levels of consternation.

Because of the added stresses of military life, many military marriages end up in divorce. Usually, these divorces happen when children are still quite young. Because divorces tend to happen while children are still children, it means that the military member could be responsible to pay for child support -- and also spousal support in a lot of cases.

Little things mean a lot to a child living between two homes

If you remember your childhood fondly, you want to ensure that your children will enjoy a similar recollection, even if they must first adjust to your divorce. One of your initial responsibilities as divorced parents will be to help your children transition between a new home and what they may think of as home base, the place where they grew up.

When one of you moves into a new home, you will want to make it comfortable for them when they visit, a home they will eventually warm to in this new, post-divorce chapter in their lives.

Could a new Tennessee bill hurt same-sex marriage rights?

Gay rights activists are concerned that a new bill, recently passed by the Tennessee legislature, could hurt the marriage rights of same-sex couples. The bill, House Bill 1111, relates to the way state courts will need to interpret "undefined words." Specifically, House Bill 1111 says that "undefined words shall be given their natural and ordinary meaning."

Lesbian, gay, bisexual, transgender and queer (LGBTQ) groups worry that this could result in discrimination due to gender-specific words like "wife," "mother," "father" and "husband," which may not have the same kind of meaning in the context of same-sex marriage and same-sex divorce. According to another bill, for example, these words are "based on the biological distinctions between men and women." These distinctions, unfortunately, don't include transgender or intersex individuals. LGBTQ groups are now asking the governor to veto the legislation because it could result in civil rights abuses against LGBTQ people.

How much child support will I be able to receive?

When a custodial parent has sole custody and is the primary caretaker of his or her children, the noncustodial parent will usually need to pay child support. The question is, how much child support will the custodial parent have the right to receive?

In almost all situations where there is disagreement over child support amounts, the custodial parent wants to receive more and the noncustodial parent wants to pay less.

Ways to cope with a difficult ex

Divorce can take its toll in every way on a person. If there was cheating, abuse or betrayal involved, the situation becomes even trickier to navigate. While you are splitting the assets, the time with children and even your best friends, if there is tension between you and your ex, it complicates an already complex situation.

If your ex is the difficult one, you have little to no control over how he or she reacts to you. While you may not be able to control his or her behavior, you do have control over how you handle the situation and your ex.

Advice for uncomplicating your divorce proceedings

The typical Tennessee divorce has a lot of legal complexities that must be dealt with -- both by the spouses and the lawyers representing them. Even a fairly straightforward breakup that doesn't involve children or a lot of assets can require many steps. Let's take a look at a few tips that divorcing spouses can use to simplify the process:

-- Consider hiring a financial advisor: At the very beginning of your divorce process, you may want to hire a financial advisor to help you. Your financial advisor can assist you with a checklist of tasks that need to be completed before, during and following your divorce. Your advisor can also create a budget and cost-flow projections.

Are you a stay-at-home mom seeking a divorce?

Divorce is intimidating no matter who you are, but if you're a stay-at-home mom, the prospect of separating from your spouse and his or her financial support can be terrifying. The idea of trying to re-enter the workforce after spending years at home with your children may seem daunting, if not impossible. If you're in this situation, however, the law might be on your side.

Tennessee law offers legal support to homemakers via alimony, also referred to as spousal maintenance. One of the primary reasons why alimony exists is to prevent non-working spouses from getting trapped in a toxic marriage solely because of financial reasons.

Wife of man accused of kidnapping files for divorce

An ex-middle school teacher has been accused of kidnapping a 15-year-old girl. The man's wife has now filed for divorce. The woman -- who has made a public plea to her husband to return the Tennessee teenager to her home -- filed her divorce papers last Friday in Maury County Chancery Court.

The wife of the man cited "inappropriate marital conduct" and "irreconcilable differences" as the basis for the divorce. She and the accused teacher have been married for 31 years.

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

Toll Free: 888-358-4290
Phone: 931-266-4689
Fax: 931-552-7188
Clarksville Law Office Map

Review Us
Facebook LinkedIn
Credit Cards