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Tennessee and Mississippi Family Legal Blog

Litigate or mediate a complex Tennessee divorce?

Tennessee residents with few assets who file for divorce can usually resolve their cases fairly quickly. But couples with substantial assets often wind up haggling for months over details of their property settlements.

These negotiations and protracted litigation can cause them to owe thousands of dollars in legal fees and court costs. It's not unusual to have legal bills of five or even six figures in the most complex cases.

Should you seek an order of protection?

For many people, the holidays are a joyous time for celebrating with family and friends. But that rosy picture isn't reflected by all. Families torn apart by domestic violence often have quite a different take on the winter holidays.

For them, the season means walking on eggshells around their abusers and trying to placate them to avoid another outburst. It's a time of high stress and dashed hopes. For families with children, instead of making cherished memories, it becomes more about protecting them from more trauma.

What if you're co-parenting with a sociopath?

There are likely many reasons why you and your child's other parent split. But if you are having many difficulties with the co-parenting relationship, it may be that your co-parent is a sociopath.

While that may bring to mind images of a knife-wielding Ted Bendy on a sorority house rampage, that is an atypical version of a sociopath. Most sociopaths blend in quite well within their worlds. It's only when you become involved in a relationship with one that you recognize them for what they truly are.

Why do I need an attorney for an agreed Tennessee divorce?

Here in Tennessee, an agreed divorce can be filed if both spouses have reached an accord on the terms and other applicable conditions are met. These divorces typically are faster and simpler and can save both spouses money.

But they are not for everyone, as many couples will not qualify. Even for those who do, it is never a good idea to get divorced without having a Germantown family law attorney review the terms to which you've agreed.

Sneaky ways spouses can stash cash and resources

Divorce tends to bring out the worst in some people. If you are getting divorced, you might realize that your spouse may be capable of some underhanded moves designed to deprive you of your rightful share of the marital assets.

Some deceptions occur during the marriage and may have contributed to the decision to divorce. But once that decision is made, even spouses who have not been fiscally deceptive may figure they have nothing to lose now and get creative about hiding marital assets.

Determining child custody in Mississippi

Here in Mississippi, the family law courts encourage co-parenting whenever possible. The guiding principle of child custody, as in other states, is what is best for the children. In most cases, this means that they continue to have a relationship with both parents.

But while both parents may have legal custody of the children, the courts may grant physical custody to only one parent.

The challenges of proving nonphysical domestic abuse

There is no doubt that survivors of domestic abuse who are scarred, bruised or otherwise marked from physical battery present a stark reality that is difficult to refute in court. But other types of domestic abuse leave victims damaged as well, even if not visibly.

Nonphysical abuse can be emotional, psychological, financial or verbal. All can cause lasting trauma but may be much harder to prove to get an order of protection against the abuser. Below are some tips to strengthen your case in court.

Tactics to keep dads from exercising their parental rights

Whether you are married or single, if you are a man who has split up with the mother of your children, your parental rights might be in jeopardy.

This can be through no fault of your own. Contested divorces and custody battles get down and dirty, and it's not uncommon for the kids' mother to make false allegations against the father to gain the upper hand.

Would bird's nest custody work for your family?

Tennessee parents who are divorcing can run into roadblocks when it comes to the custody of their children. This is typically one of the most contentious issues that divorcing spouses face.

Sometimes settling custody matters requires brainstorming for some original solutions. One of those could wind up being bird's nest parenting.

Restraining and protective orders in Tennessee

Divorce is not an easy thing to go through, and this can worsen when you are a survivor of domestic violence. Tennessee laws can help protect you from your abusive spouse and may impact certain areas of your divorce. Tennessee offers many reasons of how the court can base a divorce. No-fault grounds require little proof; however, fault grounds require the filing spouse to prove that grounds exist. The appropriate grounds in a domestic violence case are circumstantial.

Although a court order does not guarantee the abuser will stop trying to hurt the victim, it permits the victim to call the police and have the abuser arrested for violating the order. Before learning about how this will affect your divorce case, you'll want to know the basics of an order of protection and restraining order.

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