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Montgomery County Divorce Law Blog

Do these 2 things before you file for divorce

Jumping head-first into your divorce proceedings without advanced preparation is not the best idea. If you want to be ready for what's to come in the best way possible -- and not get blindsided by unfortunate surprises -- there are a few things you might want to do before filing your divorce papers. You might even want to do these things before discussing the wish to divorce with your spouse.

Here are two things to do before you file for a divorce:

Stopping co-parenting issues before they arise in divorce

One assumption that many people in Tennessee make when leaving their spouses is that they will be able to sever all ties to the other parent entirely. While the law allows for people to end their marriages with divorce, it does not stop them from being parents.

In order for parents to co-parent peacefully and effectively, they must communicate and act respectfully to each other. Some people have a hard time dealing with all of the emotions and concerns divorce brings about and become incredibly challenging to work with. If you are contemplating a divorce, take time to understand your situation and everything that is at stake. Keep the following pointers in mind about co-parenting through divorce.

What should I put in my prenuptial agreement?

When it comes to planning your prenuptial agreement, you will have a lot of flexibility with regard to how this legal document is worded. Since the way you draft this document will govern how your divorce will proceed -- in the unlikely event that you even have a divorce -- you will want to take care to ensure your prenuptial agreement is lawful, treats your fairly and preserves your legal rights.

Here are a few things you might want to consider incorporating into your prenuptial agreement:

3 tips for adoptive parents in a divorce

Adoption is a wonderful way to build your family and create a loving home. Parents who adopt do not always stay together, though, and navigating divorce after adoption can be a tricky task. Adoptive children may have a fear of familial instability, so it is important to approach the transition carefully and provide your whole family with as much support and sensitivity as you possibly can. 

The following are three tips you may follow as an adoptive parent to make the situation minimally stressful. Even though divorce is difficult, you can emphasize positive outcomes and guide your family into this new phase.

Can my soon-to-be ex-spouse take part of my inheritance?

A sudden influx of inherited money is a boon for all families. However, what will happen to your inheritance in the event you get a divorce? Will you get to keep the entirety of your inheritance? Will your ex-spouse take part of these assets? The answers to these questions may be different depending on what you did with the inheritance after receiving it.

On a very general level, an inheritance remains the individual property of the spouse who receives the inheritance. In other words, if your uncle passed away while you were married -- or even before you were married -- and left you a considerable sum in his will, these assets will remain classified as separate property under your individual ownership. There are, however, some very important exceptions to this rule, and every married person who plans to receive an inheritance needs to be aware of them.

Even marriages that end in divorce can be considered a 'success'

Most people you ask would answer say that a marriage ending in divorce is not a "success." This is primarily because they're viewing marriage by the benchmarks of "until death do us part" and "happily ever after." However, family and relationship counselors have a more optimistic way of viewing a marriage that ends in divorce because they're looking at things from the perspective of personal growth.

In fact, every relationship -- even the ones that end -- can be viewed as successful because of the things we learn about ourselves while going through the coupling and uncoupling process. On couple's therapist goes as far as to say that marriage is actually designed to assist couples in growing. Sometimes, however, the individual spouses grow so much that they grow away from each other or right out of the relationship.

1 common divorce mistake you need to avoid

Whether you decided to get a divorce, or your spouse decided to divorce, you probably don't feel entirely good about the situation. In fact, you may feel hurtful, shameful and angry. If this sounds like your emotional state, there's a very serious divorce mistake that you'll want to avoid: being deceptive or overly aggressive at the onset of your divorce process.

It's the wisest course of action for spouses to hope for the best at the beginning of their divorce process and -- at the very least -- try to proceed in an amicable, diplomatic and respectful fashion. Even if the marriage did not go as planned, and even if trust between you and your ex has been lost, attempting to divorce respectfully could prove helpful to your stress levels and your pocketbook.

What can my kids and I do during a supervised visitation?

Nobody wants to feel restricted by a supervised visitation. Still, if a judge has ordered that all of your contact with your children must be supervised, you might want to focus on the positive fact that at least you can still spend time with your children. This valuable contact will benefit both you and your children in innumerable ways, so why not try to make the most of it?

There are many different, excellent ways you can make the most of supervised visits with your kids. Consider some of the following suggestions for enjoying time with your children.

3 common reasons why military marriages end

Many spouses meet each other and fall in love while working together, and people in the military are no exception. Many troops meet and form relationships with each other when they are enlisted. Military marriages can thrive because both spouses understand the pressure and demands of being enlisted. These same pressures and demands can also cause trouble and even divorce in the marriage.

A number of reasons exist for why military marriages may be more susceptible to divorce. According to Military.com, more than 20,000 military couples divorce in a given year. Consider the following three reasons that are common contributing factors when military spouses decide to divorce.

When does financial trouble cause divorce?

Imagine you are slaving away at your "9-to-5 job," which has actually become a "7-to-8" job as you struggle to connect the financial dots for your family. Meanwhile, your spouse is at home, jobless and perhaps even suffering from a drug problem or psychological issues. The financial reality of this situation is a very difficult one to be in. For many marriages, it's too much to bear and ultimately results in divorce.

The above is just one example of the many kinds of financial conflicts that two spouses can face. Here are three more:

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