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Category Archives: Divorce

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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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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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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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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