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Category: Divorce

Irreconcilable Differences Divorce (Part 1 of 3)

Irreconcilable Differences Divorce (Part 1 of 3)

In Tennessee, a divorce based on irreconcilable differences has special requirements that are not used in other types of divorces. Irreconcilable differences is often referred to as a no fault divorce; however, that is not an accurate term. This type of divorce is not truly a no-fault divorce, because it requires agreement by both parties. Under this type of divorce, both parties must agree in writing on the custody and support of the children and for the distribution of property…

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Discovery in Divorce

Discovery in Divorce

Discovery is the legal process of fact finding. It is where lawyers try to get information from various sources about the facts of the case. It usually occurs somewhere between filing the divorce complaint and trial. Although there are several forms and methods of discovery, I will attempt to demystify the major ones here. Depositions- This is probably the form of discovery that is most familiar to people. A deposition is where a lawyer asks a party or other person,…

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The Attorney Client Privilege in Divorce

The Attorney Client Privilege in Divorce

Family law by its very nature involves personal, private, and sometimes embarrassing facts. People are naturally reluctant to reveal these details; especially to someone they just met. The attorney-client privilege is meant to protect confidential communications between you and your attorney when they relate to seeking legal advice or preparing for your case. The idea behind the privilege is that a client has a right not to disclose any confidential communication made to their attorney. The communication must be confidential…

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Where To File For Divorce

Where To File For Divorce

In Tennessee a divorce should be filed in either:• The county where the defendant resides• The county where both parties resided at the time of their separation (or)• The county where the plaintiff resides if the defendant is not a resident of Tennessee. A party must also decide which court in the county they wish to file with. A divorce may be filed in either the Circuit Court or Chancery Court. These courts have concurrent jurisdiction over divorce actions. In…

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Divorce and Bankruptcy

Divorce and Bankruptcy

Divorce can have a devastating effect on both parties financial stability. In some cases this can force one or both parties into bankruptcy. Grant Griffiths of the Kansas Family & Divorce Lawyer has a couple of excellent posts on the subject. In Divorce Debts and Bankruptcy, he details how divorce debt is treated in a bankruptcy proceeding. He also has an article on how Spouses can file bankruptcy alone. It’s only fair to share…

Do it yourself Divorce

Do it yourself Divorce

There is a rising trend lately in "do it yourself" law. Do it yourself divorces account for a large portion of this trend. The main motivator for this trend is to save money on legal fees. However, in many cases this is actually costing people more money. The California Family Law Blog has an article on how many try to handle a divorce without an attorney and fail. In some cases this costs the parties even more money to fix….

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How Long Does a Divorce Take in Tennessee

How Long Does a Divorce Take in Tennessee

This is one of the first questions that I am asked by a new client. The answer usually depends on several factors. Two of these will generally have the greatest impact on your divorce. First, what type of divorce are you seeking? If you are seeking a divorce based on irreconcilable differences, there is a minimum statutory waiting period. This is basically a cooling off period that starts to run when the complaint is filed with the court. If the…

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8 Mistakes People Make in Divorce

8 Mistakes People Make in Divorce

Using a lawyer as a therapist. An attorney is first and foremost in the business of law. His primary job is to know the law and to protect your legal interests. You should use your lawyer to champion your legal interests and use a real therapist for your emotional needs. An attorney makes hundreds of dollars an hour. Use a professional therapist if you need emotional support. Most reputable lawyers do not want to take your money for therapy and…

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Grounds for Divorce in Tennessee

Grounds for Divorce in Tennessee

In order to file for divorce in Tennessee, the person filing must allege grounds for the divorce. Tennessee has 15 specific grounds for divorce (Tenn. Code Ann. § 36-4-101). The basic grounds are: Impotency and incapable of reproduction at the time of the marriage. Bigamy Adultery Desertion for 1 year Conviction of an infamous crime Conviction of a felony and sentenced to confinement in a penitentiary Attempt on the life of the other party, by poison or any other means…

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