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Prenup13

Postnuptial Agreements Let You Decide What Is Marital Property and What Is Separate Property

By Patrick L. Looper |

In Tennessee, the legal doctrine of equitable distribution gives courts the discretion to decide what is fair when dividing marital property.  They consider each family’s case individually, looking into each party’s income, separate property, earning potential, and financial need, but couples are not always satisfied with the results.  You have much more control over… Read More »

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ArguingCouple

What Happens If Your Spouse Trashes Your Personal Property While Your Divorce Is Pending?

By Patrick L. Looper |

You probably know someone who never saw the full extent of their ex-spouse’s mean streak until they filed for divorce.  It’s one thing to say, “You want to divorce me?  Fine!  You’re not getting a penny!”  Actually destroying things just to reduce the amount of property available to your spouse at the end of… Read More »

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Prenup7

Lex Loci Contractus and Tennessee Prenuptial Agreements

By Patrick L. Looper |

Prenuptial agreements give you a lot of freedom about which of your assets you do and don’t want to combine.  You can include provisions in your prenup about spousal support, business ownership, debts, or even pets.  The only subject that is truly off-limits in a prenuptial agreement is children and child support.  Most of… Read More »

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DivCouple13

How Does Equitable Distribution Work When Both Parties Are Struggling Financially?

By Patrick L. Looper |

The stereotype goes that, the richer you are, the messier your divorce case is, but it does not always work out that way.  Some wealthy people, having learned the hard way in a previous divorce, sign prenuptial agreements in which they resolve all the financial issues that could complicate their divorce before problems arise. … Read More »

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DivMoney2

When Does a Personal Injury Settlement Become Marital Property?

By Patrick L. Looper |

When a couple gets a divorce, not all of their property is subject to division.  The court will divide the couple’s marital assets in a way that it deems equitable (that is, in the fairest possible way, but not necessarily equally), but each spouse gets to keep his or her own non-marital assets.  If… Read More »

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DivAlim

Who Keeps the Family Business After a Divorce?

By Patrick L. Looper |

For many couples, the most valuable asset they own is the marital home, and it becomes the subject of the most heated dispute over division of property in the couple’s divorce.  In this case, the court usually awards the marital home to the party that needs it more; if they both need it, or… Read More »

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Alimony17

Is Permanent Alimony Appropriate for a Disabled Spouse After a Short-Term Marriage?

By Patrick L. Looper |

In divorce cases where one spouse has no way to stay out of poverty except support from his or her former spouse, judges have considerable flexibility in deciding the duration of the alimony.  When the marriage lasted less than seventeen years, the usual rule is that you cannot be required to pay alimony to… Read More »

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Div21

What Is Marital Misconduct, and How Does It Affect Your Divorce Case?

By Patrick L. Looper |

The language of today’s court decisions about divorce reflects the idea that no one should win or lose in a divorce.  The goal is to reach a settlement that is fair to both parties.  When the parties have minor children, the best interest of the children is the guiding principle, and unless one parent… Read More »

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HouseSplit3

When Neither Spouse Wants to Live in the Marital Home

By Patrick L. Looper |

It feels great to hold the final judgment of divorce in your hands, because you finally get to move on with your life.  For some recently divorced people, raising their children in the family home without their ex-spouse is a dream come true.  In some cases, both spouses have the same dream, and it… Read More »

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Alimony_Rings

Titling Your Assets in Someone Else’s Name in Order to Avoid Paying Alimony Will Only Make You Look Bad in Front of the Court

By Patrick L. Looper |

As the coronavirus pandemic shutdown threatens to drag onward into the summer, hardly anyone has any extra money lying around.  The fact that you still have to pay alimony even as your job is indefinitely on hold, whereas even tax debts and past due student loans cannot take away your economic stimulus check.  You… Read More »

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