Contested Divorce in Tennessee
Domestic abuse, drug and alcohol abuse, adultery, financial stress, constant disagreements and arguments. These problems are stressful and often lead to the ultimate decision to end the marriage and to file for divorce. Saving the marriage or dissolving the bonds of matrimony is a very tough even agonizing choice to make. In many cases once one or both of the spouses reaches the ultimate decision to end the marriage, the disagreements don’t end. The battle continues to the courtroom in a contested divorce. Divorce is never easy. Even if you can reach an agreement and file an uncontested divorce. Marital dissolution is emotionally, financially and mentally burdensome. But, the stress and financial burden can be even worse in a contested divorce. Husband and wife battling over marital property, spousal support, and child custody. Sometimes there is just no other choice. But to forge ahead with a contested divorce. This is when you need an experienced divorce lawyer.
Tennessee Contested Divorce, The Struggle for your Rights
There are a variety of reasons that a divorce becomes a contested and disputed matter. Believe it or not sometimes a person will contest the end of the marriage itself. One spouse wants to stay married. There are some disputes that focus on the legal fault grounds for the divorce. But these are often secondary issues in a contested divorce. The more common issues between spouses engaged in a contested divorce action center around other issues. The disposition of the marital assets. The children born of the marriage. Issues involving spousal support after the end of the marriage. There are times that one spouse is just unreasonable and refuses to agree to anything. But, typically the battle in a contested divorce proceeding is driven by the struggle for legal rights and control.
The Dispute Over Division of Marital Property
Ending the marriage in a contested divorce involves dividing the marital assets. All of the property owned by the husband and wife jointly or separately. Unless there is a prenuptial agreement, the division of property can become a point of major contention. Sometimes the disagreement is over seemingly minor items like dishes, or items of sentimental value. Most of the time the dispute arises from more major assets like the marital home. Vacation or investment property. Ownership interest and control of a business, retirement account, and the like. In Tennessee there is not a community property law that requires a set percentage of the marital estate to be divided among the spouses. Rather, the division of marital assets is based on equitable principles. In a litigated divorce the division of martial property is within the discretion of the trial court. The judge listens to the testimony and the legal arguments of counsel. Then decides what property interests goes to which spouse. Sometimes the court will divide the property then award alimony in solido. This will offset an imbalance in values of the divided marital assets.
The Fight for Spousal Support – Alimony in Tennessee
It is very rare that a husband will readily agree to pay alimony to his wife, or vice versa. The award of long term alimony is on the decline in Tennessee contested divorce, spousal support is often sought by one spouse or the other (usually the wife). The legal battle becomes quite contentious. The struggle for alimony usually takes on two primary focuses. One for the spouse seeking alimony and one for the spouse not wanting to pay alimony. The spouse seeking alimony wants and believes that she/he is entitled to continue to live a lifestyle after divorce that is close to the lifestyle that was afforded during the marriage. The defending spouse obviously does not want to pay alimony. Certainly not permanently. And often argues that the other spouse is not deserving of an award of alimony. This gets into fault grounds, and the ability of the other spouse to earn a living. Learn more about alimony in Tennessee, and seek wise legal counsel from a divorce lawyer.
Child Custody Dispute – The Real Divorce Battle
In a contested divorce involving a minor child or children the legal struggle can become quite the battle royal. No parent wants to face less time with his or her child. Nor a loss of control the ability to make decisions for the child. Unfortunately when parents divorce, not only is the bonds of matrimony dissolved. But the family unit is split into separate components – two households. Naturally neither parent will have all of the time with the child that he or she desires. It is important to note that Tennessee law and the courts presume joint custody or shared parenting for children in divorce and child custody proceedings. The questions in child custody matters involve the care, supervision, control and support of the minor child. In Tennessee, absent a profound problem with one parent, both parents will have equal and joint decision making authority, shared responsibility for the support of the child, and will be afforded parenting time based upon a schedule. A standard parenting time schedule will appoint a primary residential parent who will have the child approximately 285 days of the year and an alternate residential parent who will spend the remainder of the days of parenting time with the child. The court will be guided by several factors in making a child custody determination. And child support is set based upon the rigid Tennessee Child Support guidelines. In a contested the struggle to be appointed the primary residential parent, and the deficient parenting skills of one parent or the other are typically the central focus of the custody dispute. Child custody disputes involve complex legal issues with the stakes being quite high. In a contested divorce with child custody, seek advice and counsel from a seasoned family law attorney.
A Contested Divorce Requires Sound Legal Counsel
When getting a divorce its your whole life as you know it that is involved in the legal process. Obviously a divorce lawyer is only focused on the legal aspects of the divorce, not the emotional healing process or the psychological impact of marital dissolution. It is the job of the divorce attorney to defend your legal rights and to advance sound legal arguments to the court, in order to attempt to obtain the division of marital assets, obtain an award of alimony, or defend against alimony, and to achieve a proper child custody resolution and child support within the appropriate range. All of these issues require experience in family law matters, knowledge of the laws, and skill in arguing a divorce case. Contact the family law divorce attorneys of Purple Law Firm in Chattanooga for a contested divorce, and legal representation in disputing property issues, alimony, or child custody in Tennessee.