Divorce

If you believe that your divorce can be achieved by working with your spouse, but still desire the guidance of professionals, Collaborative Divorce serves as a great option.

A contested divorce occurs when all issues are not agreed upon. These issues can include child custody and visitation, division of assets, alimony, etc. With a contested divorce, there is a strong possibility that court intervention will be needed to resolve the case, or even during the pendency of the case if there are disputes that need immediate attention, such as temporary alimony.

Spousal support, or alimony, is based on one party’s need and the other party’s ability to pay, as well as a list of statutory factors. It’s rare that parties agree on the amount to be paid, or even that alimony needs to be paid at all. There are different types of alimony, and our office can help determine which type or types of alimony may be the most appropriate in your case, or argue against the payment of any alimony at all. Other aspects of alimony include the duration, form of payment, and conditions of termination. As a Certified Divorce Financial Analyst®, Ms. Miller can also discuss with you the potential tax consequences of alimony, whether you are the payee or the payor spouse.

In Tennessee, the marital property must be divided in a divorce, either by agreement or by the court. The law requires that the division be equitable. This does not necessarily mean equal. The court will weigh several statutory factors in determining what equitable means in each case. Assets within the marital estate must first be identified, which can be a task in itself when you have decades of assets to inventory. Then, the property must be categorized as either separate or marital property. All property must then be assigned a value. The identification, classification and valuation of property will be considered in the equitable division. A court will review each side’s proposal of the division, or what has already been divided to make the determination. It is the attorney’s job to help you put forth the argument as to why your proposed division is the correct division based on all the relevant factors.
Property division includes all property, such as real property, automobiles, and intangible property such as retirement accounts, stocks and bonds. In some cases there is a family business that needs to be divided. A family law attorney is in the best position to assist you in the inventory, classification and valuation of your property in order to either help you reach a fair settlement that you feel comfortable with, or present your case to a judge in the event a settlement cannot be reached.

You may have brought a business or land into the marriage, or started a business or purchased land during the marriage. You may have inherited the family business or land. These are usually large assets that must be considered in the property division. An attorney that focuses on family law is more qualified to help you determine what portion of the business or land should be considered separated property, and what may be considered marital property. As a Certified Divorce Financial Analyst, Kelsy Miller has the training and education to help you determine the strengths and weaknesses of your case and can help you determine how best to proceed in order to protect these assets and prepare for your new future.

You may have brought a business or land into the marriage, or started a business or purchased land during the marriage. You may have inherited the family business or land. These are usually large assets that must be considered in the property division. An attorney that focuses on family law is more qualified to help you determine what portion of the business or land should be considered separated property, and what may be considered marital property. As a Certified Divorce Financial Analyst, Kelsy Miller has the training and education to help you determine the strengths and weaknesses of your case and can help you determine how best to proceed in order to protect these assets and prepare for your new future.

In Tennessee, if either spouse has a retirement account, neither party can represent themselves in the divorce. That’s how significant retirement accounts are. Pensions, IRAs, and 401ks are among the most important assets a married couple has. If the marriage is short, there may not be as much in a retirement account. If the marriage is much longer, the retirement accounts are much more substantial. In either instance, however, they represent security for the future. If both spouses have contributed to a retirement account, the accounts may offset each other. If one spouse did not contribute and only relied on the contributions and plan of the other spouse, this can leave one spouse feeling vulnerable or unprepared for the future. There are also tax consequences to the division of retirement accounts, and specific documents that must be used in the division of certain retirement accounts. As a Certified Divorce Financial Analyst, Kelsy Miller has completed training in order to determine the present value of pension plans, and to consider the tax consequences of retirement account division when considering potential settlements. These retirement accounts are extremely important, and divorcing spouses need to be educated about options and consequences.

Tennessee places significant value on the contributions of non-working spouse, or a stay-at-home parent. “Non-working” doesn’t mean that a spouse is not contributing. It only means that one spouse may not have a significant, or even existing, employment history, which could substantially affect their ability to transition to a single income household. Often the non-working spouse is afraid to change their circumstances due to financial concerns. As a Certified Divorce Financial Analyst, Ms. Miller is specifically trained to review the standard of living of a non-working spouse and intentionally prepare for a new reality, to consider the possible tax consequences of proposed settlements and determine if they are as ideal as they seem, and to present the need for alimony of a non-working spouse to the court for consideration.

A divorce is not just an emotional transition. It redefines families and relationships, and necessarily changes the financial reality of both spouses. Whether you are the financially advantaged spouse or the financially disadvantaged spouse, careful planning is necessary to ensure that a transition into a new lifestyle will not be to your detriment. Tennessee law dictates several factors that must be considered when dividing assets, debts, and when awarding alimony. These statutory factors, and the case law that interprets them, are familiar territory for a family law attorney.

Members of the armed services have special considerations when it comes to divorce. Special considerations are made when determining custody, child support, property division and alimony. At times, jurisdiction and venue are even a questions. A family law attorney can assist members of the armed services or their spouses determine what nuances are involved in a military divorce, and can bring those to the client’s attention.

Permanent Parenting Plans can takes months to negotiate, mediate, and litigate. What happens with the children in the meantime? That’s what Temporary Parenting Plans are for. The Court will determine visitation pending finalizing a divorce, or during a paternity/custody action. Temporary Parenting Plans, as their name indicates, are not permanent, but are used to make some important decisions in the meantime. A family law attorney can help you get into Court, and get temporary relief while you and your attorney prepare for the final hearing. The temporary custody determination may even help you trouble spot areas of concern to call to the Court’s attention.

Child Support will obviously only be an issue in your case if you have children with your spouse. Children from previous relationships will not be considered in your case unless your spouse adopted them. Child Support is determined by data that is plugged into an Excel Spreadsheet known as the Child Support Worksheet. This Worksheet is used across the state and is based upon the Tennessee Child Support Guidelines. Several clients will insist that they “don’t need child support” or “don’t want to pay a dime” unless they get the visitation they believe they deserve. Unfortunately, child support is not entirely up for negotiation. The courts are required by law to set child support according to the child support guidelines unless they find it is in the best interest of the minor child to deviate from these guidelines. As a Certified Divorce Financial Analyst®, Ms. Miller can determine the gross monthly income of the client and the spouse and review the potential outcomes of child support based upon the Child Support Guidelines. Ms. Miller can also discuss the possibility of arrearage payments.

Because child support is not entirely negotiable does not mean that it is not modifiable. Child Support Modifications become necessary is there is a substantial variance, which has been defined as at least a 15% difference in the obligation owed by the payor. To determine whether you qualify for a child support modification, contact our office.

A Marital Dissolution Agreement (MDA) is the contract between two divorcing spouses which directs how the divorcing couple will divide their assets and their liabilities, and also describes the parameters of their rights and responsibilities in the divorce. It’s in this document that you’ll find the deadlines for transfers of property, the description and term of alimony, and who is responsible for which debt. You may also find how a business will be divided, and how the proceeds from the sale of a house will be distributed. This contract will also contain provisions regarding non-compliance by one of the spouses. When trying to financially untangle yourself from your spouse, it’s important to have an attorney who has experience in family law, and will know how to protect you and obtain the most beneficial language.