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Category Archives: Divorce

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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Div20

When Couples Legally Separate Before They Divorce

By Patrick L. Looper |

Lots of unhappily married people will tell you that they are married in name only.  They get so little financial help and so little emotional companionship from their spouses that it is just like being alone.  Meanwhile, their spouses are still connected to them in ways that make it impossible to feel a true… Read More »

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MomSon2

Is Stay-at-Home Parenting Worth More Than a Model A Ford?

By Patrick L. Looper |

Is a car as old as your grandparents a valuable antique, or is it just an old piece of junk?  The value of an item of property is sometimes up for debate; if anyone doubts this, consider that the television show The Price Is Right has been producing new episodes for decades.  Disputes over… Read More »

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DivDecree2

Sole Proprietorships and Division of Property

By Patrick L. Looper |

A sole proprietorship is the smallest possible kind of business.  It has only one owner and, in many cases, it has no employees other than the owner.  Therefore, sole proprietorship is the business entity designation for the professional activities of self-employed people.  In divorce cases, courts take business ownership, including ownership of a share… Read More »

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Div_Prop

It Pays to Hire Lawyers Separately, Even If You File for Divorce Together

By Patrick L. Looper |

No matter how eager you are to start a new life separately from your ex-spouse, no one wants an ugly legal battle.  Therefore, many couples will take every opportunity to divorce in a way that does not involve facing off against each other in a courtroom.  Filing a marital dissolution agreement (MDA) is a… Read More »

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GrayDiv

How Should You and Your Ex-Spouse Divide Your Assets When Your Adult Children Still Depend on You Financially?

By Patrick L. Looper |

Your children don’t stop needing you the minute they reach the age of legal maturity.  Economic realities make it so that an increasing number of young adults live with their parents, and even the ones who live away from home still rely on some financial help from their parents.  The good news is that… Read More »

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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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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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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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DivDecr

Ogle v. Duff: A Dispute Over the Meaning of Marital Property

By Patrick L. Looper |

According to Tennessee law, almost any income a married person earns during the marriage becomes marital property.  Therefore, the court has the right to divide the income if the couple divorces.  In general things that you owned on your wedding day count as separate property.  The court does not divide these on the grounds… Read More »

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