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Depressed

How Does the Death of a Spouse During Divorce Proceedings Affect the Division of Property?

By Patrick L. Looper |

At some point during the divorce process, a soon-to-be-divorced spouse often remarks to his or her friends that the “till death do us part” clause in the marriage vows no longer apply.  You might remark that divorce would be less of a shock if you had grown up hearing marriage vows that went “till… Read More »

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Family_Hands

Luke v. Luke: A Child Visitation Case in Which a Disabled Parent Depended on a Child for Care

By Patrick L. Looper |

Courts must base their decisions about child custody and visitation on the best interests of the child without placing undue hardship on either of the parents.  When both parents are healthy and live within commuting distance of each other, agreeing on and adhering to a visitation schedule is fairly simple.  Parents simply specify as… Read More »

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DistraughtMan2

Not All Alimony Recipients in Tennessee Are Women

By Patrick L. Looper |

Finances can be a major source of conflict in a marriage and an even bigger source of conflict after a divorce.  When one party earns significantly more than the other, it can lead to resentment from both sides; the higher earning spouse can feel that their partner is freeloading off of them, while the… Read More »

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MomSon

Beyond the (Reefer) Madness: The Straight Truth About Marijuana and Child Custody in Tennessee

By Patrick L. Looper |

If you are going to smoke weed, Tennessee is not the best place to do it.  Tennessee’s laws leave very little wiggle room for medical cannabis use.  The only cannabis product that Tennessee classifies as “medical cannabis” is CBD oil; anything that contains THC is plain old marijuana, an illegal drug even for people… Read More »

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Alimony13

Divorce After a Long Marriage Is Not an Automatic Guarantee of Permanent Alimony

By Patrick L. Looper |

In Tennessee, in futuro alimony, also known as permanent alimony, is alimony to be paid in monthly installments with no end date specified; it typically ends when one of the spouses dies or when the recipient spouse remarries.  Tennessee courts only award in futuro alimony when the other types of alimony, all of which… Read More »

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Prenup5

When in Debt, Sign a Prenup

By Patrick L. Looper |

I’m in debt.  You’re in debt.  Most Americans have huge amounts of debt.  Debt can be a sore spot in marriages; it is, in fact, one of the subjects about which people are the most likely to lie to their spouses.  The best defense against debt ruining your marriage could be, of all things,… Read More »

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DivConsult2

Baby Nups: Myth or Reality?

By Patrick L. Looper |

Conflict over the time commitments, financial resources, and emotional labor involved in taking care of young children can lead to the breakdown of marriages.  Happily married couples often worry that, once the adorable new baby comes home, a loving, good-humored wife will turn into a controlling shrew or that a reliable, responsible husband will… Read More »

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CSupport13

Yes, You Can Go to Jail for Failure to Pay Child Support, but the Presumption of Innocence Applies

By Patrick L. Looper |

How ugly can battles over child support get?  Pretty ugly, in fact.  The cases where one spouse threatens to take the children and disappear are quite rare, but years-long court battles where ex-spouses accuse each other of being gold diggers or deadbeats are more common.  No one, least of all judges, wants to hear… Read More »

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Prenup10

What Does It Mean to Consent to a Prenuptial Agreement?

By Patrick L. Looper |

Tennessee law regards prenuptial agreements the same way that it regards any legal contract.  In other words, the agreement is only valid if both parties to the agreement understand and consent to all its provisions.  Because prenuptial agreements often involve one spouse waiving the right to financial support that they would otherwise receive in… Read More »

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DivorceDec

The Henegar Case: A Divorce Due to the All Too Common Problems of Debt and Chronic Illness

By Patrick L. Looper |

If someone asks you, while you are walking back to your car after filing a divorce petition at the courthouse, why you are divorcing your spouse, you may have bad things to say about them.  The passage of time brings perspective, though, so ten years after the divorce becomes final, you might say that… Read More »

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