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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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Alimony14

Tennessee Courts Have the Option to Award Permanent Alimony Even If Your Ex-Spouse Has a Job

By Patrick L. Looper |

The stereotypical image of an ex-spouse who receives permanent alimony is a little old lady who has never worked outside the home and whose only employment options are low-paying job such as being a greeter at Walmart or a cashier at a fast food restaurant.  In fact, almost all alimony recipients are women, regardless… Read More »

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PainSuff

When Your Ex-Spouse Is So Abusive That the Court Awards You Noneconomic Damages for Pain and Suffering

By Patrick L. Looper |

In Tennessee, as in most states today, no fault divorce is the rule rather than the exception.  Most divorces happen because the ordinary disagreements that couples have, such as about finances, in-laws, parenting, careers, and intimacy, begin to outweigh the desire to stay together.  The family courts assume, usually correctly, that both parents have… Read More »

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Custody

Co-Parenting a Child Who Requires Residential Treatment for Mental Health Issues

By Patrick L. Looper |

Getting appropriate mental health treatment for a child is a major challenge, even when the child’s parents are happily married to each other.  Managing one’s mental health is a marathon, not a sprint, even in the best of circumstances.  Determining whether a psychiatric medication is working, building trust with a therapist, and advocating for… Read More »

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ChildMoving3

What Constitutes a Reasonable Purpose for Moving Out of State with Your Children?

By Patrick L. Looper |

Divorced couples who have children must cooperate to act in their children’s best interests, but there is a limit to how much your ex can meddle in your plans and veto your decisions.  For example, if your ex doesn’t like your new partner, they can limit the time your children can spend with the… Read More »

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EqualDistr

Not Everything Paid in Installments Is Alimony

By Patrick L. Looper |

For many people, one of the things that separates a painless divorce from a messy one is making a clean break.  In the best of circumstances, a judge simply signs off on the couple’s agreement about which spouse gets to keep which of the couple’s assets, and the spouses go their separate ways.  In… Read More »

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