Tennessee Divorce and Family Law

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 saves you money.

2. Use E-mail for correspondence instead of calling. Many lawyers do not bill when reading and responding to a simple E-mail questions. I personally check my e-mail at certain points during the day and just focus on clearing my mailbox. Since that is what I am focusing on at the time I do not bill for clearing out my box. Doing so would take me more time than I have freed up for that project. If you call your lawyer to ask the same question it requires more time to handle and interrupts what he was working on at the time.

3. Come to meetings and mediation prepared. If you are prepared and organized for a meeting it will take less time. It will also allow you to get more accomplished at the meeting. Try taking a few minutes to write an agenda of what you want to discuss at the meeting.

4. Don’t fight over the blender. Remember that most items can be replaced. It does not make since to spend $1000 to fight over the $25 blender that Grandma Jones gave you for a wedding present.

5. Be willing to compromise. Agreed divorces cost less money, period. Generally, the more that you are willing to compromise on, the faster your divorce will proceed. There is life after divorce and the best revenge you can have is to live well.

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 spend even more money on legal services and court costs.

In the end your divorce will be over in a few months. You have the rest of your life to find that special someone. Do not date during your divorce. If you do date, be prepared to have it used against you in court.

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.

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 time of filing. The proposed law would increase the waiting period for parties with children. If the children are between 15 and 18 years of age, the waiting period would be increased to 180 days. If there are children under the age of 15 then the time period would be increased to one year.

Senator Paul Stanley (bill sponsor) is quoted in the Tennessean as saying "I think divorce is far to convenient in our society". The Tennessean has a full story on the proposed law and has some responses from lawmakers in the state.

One of the problems with this legislation is that it has the potential to increase divorce costs dramatically. Generally the longer a divorce goes on, the more the costs increase for the parties.

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 be filed with a summons. The summons is served with a copy of the complaint on the defendant spouse. The summons informs the defendant that they have 30 days to file an answer to the complaint. It also informs the defendant who the plaintiff’s lawyer is so that they may serve a copy of the answer on the attorney.

The next step in the divorce process is the answer (or response). The answer allows the defendant to admit or deny allegations that are made in the divorce complaint. If an answer is filed, the divorce will proceed to the next step.

The third step of the process is usually discovery or settlement negotiations. If the parties decide to try and settle the divorce without trial there are several options. The attorneys for the parties can meet and discuss settlement or one of the parties can request mediation. Generally divorces that settle are far less costly than those that go to trial. If the parties do not initiate settlement negotiations, then the process of discovery begins.

After discovery, if no settlement has been reached the case will go to trial. At trial both sides will present evidence to help the judge make decisions. The judge must decide (1) If a divorce will be granted (2) How will the property and debt be divided (3) Will alimony be awarded and if so how much and what kind (4) If there are children, who will receive custody, child support, visitation, etc.

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. § 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 complaint and summons on the respondent or upon waiver and acceptance of service by the respondent, the following temporary injunctions shall be in effect against both parties until the final decree of divorce or order of legal separation is entered, the petition is dismissed, the parties reach agreement or until the court modifies or dissolves the injunction:

(1)(A) An injunction restraining and enjoining both parties from transferring, assigning, borrowing against, concealing or in any way dissipating or disposing, without the consent of the other party or an order of the court, of any marital property. Nothing herein is intended to preclude either of the parties from seeking broader injunctive relief from the court.

(B) Expenditures from current income to maintain the marital standard of living and the usual and ordinary costs of operating a business are not restricted by this injunction. Each party shall maintain records of all expenditures, copies of which shall be available to the other party upon request.

(2) An injunction restraining and enjoining both parties from voluntarily canceling, modifying, terminating, assigning or allowing to lapse for nonpayment of premiums, any insurance policy, including but not limited to life, health, disability, homeowners, renters and automobile, where such insurance policy provides coverage to either of the parties or the children, or that names either of the parties or the children as beneficiaries without the consent of the other party or an order of the court. “Modifying” includes any change in beneficiary status.

(3) An injunction restraining both parties from harassing, threatening, assaulting or abusing the other and from making disparaging remarks about the other to or in the presence of any children of the parties or to either party’s employer.

(4) An injunction restraining both parties from relocating any children of the parties outside the state of Tennessee, or more than one hundred (100) miles from the marital home, without the permission of the other party or an order of the court, except in the case of a removal based upon a well-founded fear of physical abuse against either the fleeing parent or the child. In such cases, upon the request of the non-relocating parent, the court will conduct an expedited hearing, by phone conference if appropriate, to determine the reasonableness of the relocation and to make such other orders as appropriate.

Nothing in these injunctions shall preclude either party from applying to the court for further temporary orders, an expanded temporary injunction or modification or revocation of this temporary injunction.

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 minds, this is not true. I am always happy when a client decides to try and save their marriage.

If you decide to reconcile with your spouse, don’t just move back in together. This could destroy your grounds for divorce if things do not work out. You are allowed to file for an order of reconciliation with the court. This order allows you to try and save the marriage, while preserving your grounds for divorce should the reconciliation fail. Contact your divorce lawyer and they will advise you on reconciliation orders. This will also save you money should you later decide to divorce.

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 china, etc. The MDA should also divide the marital debt. It will tell who is responsible for the mortgage, credit cards, and other debts from the marriage.

Once the MDA has been agreed upon by the parties, the court will make sure that it is an equitable agreement. If the court does not find the agreement sufficient and equitable, the case can be continued for further negotiation between the parties or the court may offer an amendment that they can accept.

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 the appropriate Tennessee court.

These statutory time periods are the minimum time a party has to wait to get a divorce based on irreconcilable differences. However, it may take longer (and often does) because of waiting for court dates, papers, and the schedules of the parties and their lawyer.

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 and assets. The parties agree to split the marital property and debts in a document known as a Marital Dissolution Agreement (MDA). Provisions for child custody, visitation, and child support are made in a document called a Permanent Parenting Plan. Both parties must be in agreement to the terms of these documents and the court must find that they are adequate and sufficient. The property settlement must be found to be an equitable distribution between the parties.

The basic special provisions that must be made are:
• A marital dissolution agreement
• A permanent parenting plan (if there are minor children)
• A mandatory waiting period after filing for divorce
• Agreement between the divorcing parties