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Category: Divorce

Legalzoom- You get what you pay for!

Legalzoom- You get what you pay for!

Let me start by saying that I am very much in favor of low cost legal options for divorce. There are some divorces that people in Tennessee really don’t need to hire an attorney. So I am not against folks getting low cost legal forms for simple divorces where they have an agreement. That being said… Legalzoom sales legal forms for divorce in Tennessee and as part of their website they have “experts” write articles about issues in the law….

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5 Tips to Save Money On Your Divorce

5 Tips to Save Money On Your Divorce

Here are a few quick tips that can save you money on your divorce if you contracted for an hourly rate. 1. Wait until you have several questions before you call your attorney. Because hourly rates are billed in increments it will save you money to ask several questions at once. You should write down your questions before you call your lawyer and be clear about what information you want to know. This makes the telephone call more efficient and…

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Can You Date During Divorce?

Can You Date During Divorce?

Can you date while you are getting a divorce? Sure. Should you? No! During the divorce process you are still married. If you date during divorce your spouse may sue you for divorce based on adultery. This can cause you problems with child custody and alimony. If you have filed for divorce based on adultery, dating may destroy your grounds for divorce. Your spouse may raise your adultery as a defense. This is called recrimination. This could force you to…

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How to Prepare for Divorce

How to Prepare for Divorce

Al Nye of the Maine Divorce Law Blog, has a great article entitled A Dozen Things To Consider Before Filing For Divorce. The article covers many of things that you should consider before filing divorce papers on your spouse. He also gives steps that you can follow that will lead to a more favorable outcome. If you are considering a divorce check out the link above. It’s only fair to share…

Proposed Law Would Make Couples Wait One Year to Divorce

Proposed Law Would Make Couples Wait One Year to Divorce

A bill has been introduced in the Tennessee Legislature that would require parties seeking a divorce based on irreconcilable differences to wait one year to divorce. House bill HB0438 and senate bill SB0428 were filed by Representative DuBois and Senator Stanley. Under the current law there is a waiting period of 60 days for a divorce based on irreconcilable differences if there are no unmarried minor children. If there are minor children the waiting period is 90 days from the…

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The Divorce Process

The Divorce Process

The divorce process starts with the filing of a complaint (sometimes called a petition for divorce). The divorce complaint will identify the parties, state grounds for divorce, and request the court to grant a divorce. Under Tennessee law certain statistical information must be included in the complaint. This information includes: the full names of the parties, social security numbers, date of separation, information about any children, where the parties are employed, and the number of previous marriages. The complaint must…

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Automatic Injunctions in Divorce

Automatic Injunctions in Divorce

In all divorces except those based only on irreconcilable differences, Tennessee law places automatic injunctions against the parties. Injunctions are things that the parties cannot do, such as transferring assets or hiding property. When a divorce is filed in Tennessee, T.C.A. ยง 36-4-106(d) requires the following notice of injunctions to be attached to the complaint: Upon the filing of a petition for divorce or legal separation except on the sole ground of irreconcilable differences and upon personal service of the…

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What if I Change My Mind About Divorce?

What if I Change My Mind About Divorce?

If you change your mind about divorce once you have filed a complaint there are certain steps that you should take. First you should contact your divorce attorney. It is important to contact your divorce lawyer so that they will stop working on the case. Most divorce lawyers charge by the hour, so the sooner you contact them, the more money you will save. Sometimes clients think that their divorce lawyer will get mad at them if they change their…

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Irreconcilable Differences Divorce: The Marital Dissolution Agreement (Part 3 of 3)

Irreconcilable Differences Divorce: The Marital Dissolution Agreement (Part 3 of 3)

A divorce based on irreconcilable differences in Tennessee (TN), must have a marital dissolution agreement (MDA). An MDA is a written agreement between the parties that divides the property and debts equitably. The MDA must be signed by both parties and notarized to show that they are agreeing to a divorce and the division of assets. The marital dissolution agreement will divide up the property between the spouses. It should tell who gets the house, the cars, the furniture, the…

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Irreconcilable Differences Divorce: The Waiting Period (Part 2 of 3)

Irreconcilable Differences Divorce: The Waiting Period (Part 2 of 3)

One question that frequently comes up with couples thinking about divorce is: How long does it take to get divorced? Under Tennessee law, a divorce based on irreconcilable differences must wait for a minimum statutory period before a final decree is granted. If there are minor children (under 18) the waiting period is 90 days. If there are no unmarried minor children, then the period is 60 days. The time period starts when the complaint for divorce is filed with…

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