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Getting the upper hand in the property division process

All divorces require that marital property is divided between spouses. Some states divide this marital property according to the legal theory of community property, meaning that both marital assets and marital debts get divided equally between spouses. Other states, including Tennessee, do not recognize the legal theory of community property and therefore divide property in a way that they deem to be equitable and fair.

If you are going through a divorce in Tennessee, it is likely that you want to make sure that you get the best possible outcome for yourself. The following are some ways that you can get the upper hand in the property division process.

Start preparing early

Getting an early start in preparation will always give you an advantage. Take the time to understand how the law applies to you, and start gathering relevant documents.

Make sure assets are correctly categorized

Not all assets are marital assets. Therefore, you need to make sure that the assets you have are correctly categorized. If you fail to do this, you may not gain the settlement that you deserve.

Show the contributions you made to the marriage

Part of the judge’s decision will be based on the financial and non-financial contributions that each spouse made to the marriage. You should be able to present your character in a good light as well as the sacrifices you have made for the sake of the marriage.

Since Tennessee is an equitable distribution state, there are many things that can be done to influence the outcome of the property division process. Make sure that you take early action so that you can get the outcome you deserve.


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Practicing in Bartlett Since 1977

Attorney Jeffrey H. Jones is held in high regard among peers, clients and judges throughout the Memphis area.

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