Practice Areas
Brentwood Divorce Lawyer
Whether you have only been married for a year or less, you have spent the past four decades together, or something in between, divorce can be a difficult and emotional process. At the law office of Judy Oxford, Attorney at Law, we understand what you are going through and why you need legal support when navigating a divorce. To get the help you need, please call or send us a message online today.
We Help with Many Types of Divorce Cases
With years of experience behind me, I am prepared to work on a wide array of different divorce case types. Types of divorce cases I work on include the following:
- Simple divorces. A simple divorce is one where the couple has not been together for very long or has few commingled assets, is (likely) in agreement about the terms of the divorce, and does not have any shared children or custody concerns. These types of cases can usually be settled very quickly.
- Complex divorces. In contrast to a simple divorce, a complex divorce is one where a couple has children, has commingled assets, is in a high-asset marriage, has one party to the divorce alleging fault against the other, is in disagreement about the terms of the divorce, etc. Complex divorce cases often require mediation and litigation to resolve.
- High-net-worth divorces. One thing that can contribute to the complexity of a divorce is when the couple involved has a high-net-worth, which means that one party, or both, is wealthy. This might mean that parties have assets tied up in various tools and investments, ranging from real estate to trusts to offshore accounts to businesses and more. When there are many assets in a divorce, dividing assets and navigating other elements of the divorce, such as spousal support, can be complicated.
- Uncontested and contested divorces. I work on both contested and uncontested divorce cases. For me, an uncontested divorce is one in which both parties to the divorce have a mutual agreement about how issues in the divorce, such as child custody or property division, should be settled. In a contested divorce, on the other hand, a settlement is not agreed upon by the time the case begins. While contested divorces can be settled at any point through mediation and negotiation, litigation is usually required to reach a resolution.
Issues in a Divorce
I am ready to advocate for you about the various issues that may come up in your divorce. Common issues in a divorce include:
- Parenting Plan. Before a divorce can be finalized in Tennessee, there needs to be a parenting plan for any minor children of the parties. The parenting plan will set out what the residential parenting time (i.e., schedule for visitation). The plan will also determine whether major decisions such as education, non-emergency health care, religious upbringing, and extracurricular activities will be made by one parent, or by both parents jointly, depending on the child’s and the parents’ needs and the child’s best interests. Parents are strongly encouraged to work together to create a parenting plan that they can jointly submit to the court.
- Child support. The parenting plan will also need to include child support provisions. Typically, the non-custodial parent will be ordered to make child support payments, and these are non-negotiable. Child support is usually the most closely scrutinized portion of an uncontested divorce by the Judge.
- Property division. Tennessee is an equitable distribution state, which means that all property deemed to be marital property must be divided in a manner that is equitable. Determining what is separate property, as well as what an equitable distribution of marital property looks like, can be challenging for couples.
- Alimony/spousal support. Another issue that is common in a divorce is that of alimony, also called spousal support or spousal maintenance. If one party to the marriage has been financially dependent on the other and will be unable to support themselves in their accustomed standard of living without the support of the other following a divorce, the court may determine that spousal support is appropriate.
Common Questions from Clients About Divorce in Tennessee
As a divorce lawyer who has been practicing for a number of years, I often hear various questions from clients about the divorce process. Some of the most frequently asked questions I hear include:
- How long does it take to get a divorce in TN? There is a mandatory waiting period from the time that the complaint for divorce is filed in Tennessee to the date that the divorce can be granted, known as the waiting period. For couples without children who are filing for a mutual, uncontested, simple divorce, the mandatory waiting period is 60 days. For couples with children–even if the divorce is uncontested–the waiting period is 90 days. Once that waiting period runs, and other requirements are met, then the divorce can be granted. Note that while these are the minimum amounts of time that a divorce might take, a divorce could take much longer. Especially if the divorce is contested, the divorce could take multiple months, or even more than a year, to finalize.
- Is property split 50/50 in a divorce? As touched on above, Tennessee is an equitable distribution state. This means that rather than property being split equally, it will be split equitably. This may be a 50/50 split, but it may not be. For example, if one parent is going to be the primary custodial parent, it may be more equitable for them to maintain the family home. And perhaps the other party will retain more of another type of marital asset. Couples are strongly encouraged to work together to make a determination about property division. If a decision cannot be reached jointly through mediation, then the court will step in and will make a decision after weighing numerous factors, such as the duration of the marriage, the age and physical health of both parties, the tangible or intangible contributions of one party to the education or training or increased earning power of the other party, the value of separate property of each party, the tax consequences to each party resulting from a property division determination, and any other factors the court finds relevant (Tennessee Code Annotated § 36-4-121).
- How is child support calculated? Both of a child’s parents have a duty to provide for the child financially. It is assumed that the primary residential parent is doing this while having the child in their care. As such, the alternate residential parent will be ordered to pay child support. Child support payments are calculated based on the Income Shares Model, which considers the parents’ combined gross income, the number of children to be supported, the parenting schedule, the cost of any work-related childcare, and the cost of healthcare insurance for the children. There may be other factors for special situations.
Call Judy Oxford, Attorney at Law Today
To learn more about how I can assist you with your divorce case, please call the law office of Judy Oxford, Attorney at Law, today for your consultation. I have experience and qualifications you can count on as you navigate this difficult time.