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January 2016 Archives

Protests of same-sex marriage can impact all Tennessee couples

Since the U.S. Supreme Court made same-sex marriage legal in every state last year, some lawmakers, judges and administrators in states where it wasn't previously legal have gone to what many would consider extreme measures in protest of the ruling. Some of these actions have impacted not only gay couples seeking to marry or divorce, but straight couples as well.

Making the decision to divorce

While it may seem like a strange concept to plan your divorce, it's a smart idea. It can be tempting to try to get the process over with as soon as possible so you can move on, but there are many different facets to a divorce. Overlooking or failing to address an issue now could have devastating effects in the future. When you talk with an attorney, he or she can help you understand the laws and your rights and how you can protect your best interests by being proactive during the divorce process.

Community property and separate property

One of the most misunderstood things about the property division process is what counts as community (marital) property and what is considered separate property. The state of Tennessee is an equitable distribution state, which means that it is up to the judge to decide how the assets will be split between the two parties. It's also important to note here that equitable does not always mean equal. In fact, how the property is divided often depends on things like which spouse earns more, who has the higher earning potential and who will be the residential parent and main custodian for the children.

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