Divorce Attorney Knoxville, TN
If you are considering divorce, you will want to speak with a divorce attorney Knoxville and East Tennessee depend on for answers to tough questions. It is always best to go into your divorce fully prepared with professional legal representation by your side. Lawyer Samuel B. Tipton is here to help you! We tailor our family law services to our clients’ interests and goals. We provide the personal, one-on-one representation you need and deserve.
A contested divorce can be the stressful event in a client’s life. We understand that. The stakes can be high due to disagreements about the division of assets, debts, or issues involving custody. Added to that is the financial strain of litigation. A good divorce lawyer in Knoxville will help set you up for success going forward. I would encourage anyone going through this process to schedule a free consultation to discuss how to address this decision head on. We have handled cases in Maryville, Alcoa, Knoxville, Loudon County, Monroe County, Sevierville, and Gatlinburg and our team is not afraid to fight for your rights.
An agreed divorce is the easiest, cheapest, and fastest way to dissolve your marriage. We handle this process from start to finish so that you can focus on moving forward with your life. Samuel B. Tipton has helped hundreds of clients amicably work through this stressful process.
FAQ: Do I qualify for an agreed divorce? A: In order to have an agreed divorce both parties must agree on how to divide all their assets and debts, and how-to co-parent their children, if they have any. We then take that agreement, create the legal documents, file them with the Court, and finalize the divorce.
Situations change. Sometimes those changes necessitate changing alimony, child support, or enforcing provisions in a final decree of divorce, or settlement agreement.
Alimony can be a confusing area of the law. Some types of alimony are modifiable, some are not. To make matters worse, sometimes the way the alimony is set up in the prior court order or agreement can be vague or ambiguous. In many cases alimony can be modified due to people moving, changes in income or employment, or a former spouse cohabitating with a new person. Let us help you navigate these murky waters. Call today to schedule a free consultation to discuss changes to an alimony or spousal support order.
Generally speaking, alimony exists to make up for the financial inequalities that may arise due to divorce or legal separation. That is to say that the law tries to prevent spousal dependency. Things such as the length of the marriage, the relative incomes, education, age and mental condition of the spouses, are just a few of the factors that are considered when awarding alimony or spousal support. Unlike the division of property, fault can also be a factor that is considered when the courts award alimony. The most common types of alimony are:
- Rehabilitative alimony: this could be awarded to help a spouse re-enter their workforce or re-start a career.
- Periodic alimony: also known as Alimony in Futuro, is long term alimony that is awarded when the economically disadvantaged spouse cannot be rehabilitated or expected to re-enter the workforce.
- Transitional alimony: Alimony designed to help a spouse transition from being married to being single. A common situation would be a short-term alimony award until the economically disadvantaged spouse could get a professional license re-activated, or career restarted.
- Lump sum alimony: Also known as Alimony in Solido, is for a sum certain amount and is generally made in one lump sum payment. This type of alimony can be awarded to equalize the property division between the parties if their assets are not easily divisible.
Alimony may be set for a specific period or ordered for the life of the payee spouse. However, situations change and sometimes alimony is no longer appropriate. For instance, the payor may retire, the former spouse may start cohabitating with another person, or perhaps the incomes and needs of the parties have changed. The courts will generally look for a material and substantial change in circumstances when asked to modify or terminate alimony.
Legal Separation: Legal Separation and divorce share a lot in common. Essentially, legal separation allows people to divide their marital property and debts, address child custody and child support, and begin living separately, while remaining married in the eyes of the law. Some common reasons people seek a legal separation is to remain on their spouse’s health insurance, or because of strongly held religious beliefs.
Some important differences between a divorce and a Legal Separation:
- A spouse may be eligible to remain on their other spouses’ insurance
- Any estate planning (Wills, Trusts, Etc.) are not affected by the legal separation.
- You can stay married in the eyes of the law
- If religious beliefs or convictions are important, the spouses may decide legal separation is a more palatable alternative to divorce.
- The other spouse can petition the court to convert the legal separation into a divorce.
- Unlike in divorce, the Court can decline to divide the marital assets and debts, which can cause further litigation down the road.
What is the difference between Legal Separation and Divorce?
A Legal separation can, and often time is, identical to a divorce with the exception that the parties remain married in the eyes of the law.