Divorce

We invite you to discuss the details of your particular situation in confidence with us. In preparation for this process, we’ve included some key elements that will help you navigate through the overwhelming information of the divorce process. For further assistance, contact us at (865) 470-4288, and schedule a free consultation. We will be happy to give you attentive, personal service, from start to finish.

Types of Divorce in Knoxville Tennessee:

• Agreed Upon Divorce: Both parties have agreed upon everything. This makes the process simpler and quicker. If you have minor children, there is a 90 day waiting period, starting with the first day you file for divorce before you can get divorced. If you do not have minor children, the waiting period is 60 days from filing to divorce.
• Contested Divorce: If one or more items are not agreed upon by both parties, then it is considered a contested divorce.

Nuptial Agreements:

• Pre-nuptial Agreements: These are popular among people who have a lot of assets that they want to protect in case of a divorce, particularly if one person is not as financially successful as the other one. This is important for people who marry later in life or multiple times.
• Post-nuptial Agreements: These are entered into by both parties after they are married. For example, if someone has inherited property which has been put in both names, but they divorce later, it can be declared separate property as long as it is disclosed and it is willingly agreed upon by both people.

Divorce Mediation in Knoxville Tennessee:

If you have a contested divorce, both parties must participate in mediation. You will meet with a professionally trained mediator to discuss all options. You can go alone, but it is usually best to take your attorney with you, particularly if the other person is bringing their attorney. Bringing your attorney also proves to be a very valuable way to acquire information. If you reach an agreement during mediation, you can sign that agreement, which is binding.

Division of Assets

In determining the division of assets in a divorce, the parties should look at what the parties brought into the marriage and what the parties acquired during the marriage. Anything that a party owned before the marriage is considered separate property and is not subject to division by the court. Anything and everything that the parties acquired since marriage, regardless of who worked and paid for it, is considered marital property and is subject to division.

High Net Worth Divorces

The divorce legal process is complex, especially when high-stakes assets are involved. When a successful spouse’s investment in a marriage is at risk, you will need an experienced, proactive divorce attorney. We know how the legal system affects high net worth divorces, as well as the most effective ways to help clients create favorable solutions.

Marital Dissolution Agreement

An MDA deals with all pertinent assets regarding property issues such as homes, cars, retirement or alimony. It is important to note that a Judge cannot modify a MDA after the fact, so you need to make sure it is exactly what you want.

Initial Meeting with Attorney

For our initial meeting, please prepare and bring copies of the following documents so we can develop a plan of action:

• Bank Statements for the Past 2 Years
• Income Tax Returns for the Past 3 Years
• Make a List of All Your Assets, Including Jewelry, Furniture, Electronics, Boats, Collectibles, Etc.
• A Copy of the Recorded Deed of Trust on Your Home
• A Copy of Your Car Titles
• A Copy of Any Promissory Notes for Loans
• Any Rental Property Deeds
• If You or Your Spouse Owns a Business, Bring Copies of the Original Incorporation Papers
• All Insurance Policies on Home, Vehicles, Life Documentation for Any Inheritance
• Share of Stock in a Business
• Copies of Any Pensions or Social Security

These important documents will also be needed if you have to prepare for a contested divorce. The more you do in advance, the quicker and less expensive your divorce will be.