A Strong Advocate And Honest Counselor In Your Divorce
Our lawyer recognizes the struggles you are dealing with when you’re ending your marriage, from the emotional to the financial to the legal. He understands that your challenges are unique and so is your family. At The Law Office of Jeffrey Jones in Bartlett, our attorney’s goal is to help you put those struggles behind you and achieve a positive resolution to your divorce.
Jeffrey Jones has been handling family law cases in Tennessee for over 45 years. He can help you prepare for and manage the personal, financial and legal aspects of divorce and other family law matters. From day one, he will make certain that you understand your rights, set realistic expectations about potential outcomes and get on the best possible path toward achieving your objectives.
If you are considering a divorce or have been served divorce papers, then you need a strong advocate and honest counselor to navigate the complex and emotion-filled obstacle course of the divorce process. That is what our lawyer is here for. Call us at 901-410-5751 or send us an email today.
How Long Will Your Divorce Take?
While you probably want to end your marriage and get on with your life as soon as possible, the reality is that the divorce process takes time. Some of that time is built into the process. For example, Tennessee requires a cooling-off period after divorce papers have been filed. This cooling-off period is 60 days if there are no children or 90 days if there are minor children involved.
However, to a great degree, the speed of the divorce process is in your hands and the hands of your spouse. If you are able to reach agreements and have an uncontested divorce, then the process will likely take much less time than it often does when there are many disagreements and the case needs to go to trial. Ultimately, our lawyer will be on your side either way, advocating for your needs and providing honest counsel as to how to achieve the best outcome possible for you. If that means going to trial, he will be ready.
The Divorce Timeline In Tennessee
As mentioned above, Tennessee law requires waiting periods for those who wish to get divorced. But waiting periods are just one of many factors that can contribute to the length of a divorce. Others include the level of agreement or disagreement between spouses, the complexity of property division and whether a couple has minor children (requiring child custody proceedings).
Although each divorce is different, most contested divorces follow a similar set of stages. First, one spouse files for divorce. Then, the other spouse can file an answer and counter-complaint, saying that they either agree or disagree with the information provided in the original filing. After that, the couple can move into negotiations with the help of their respective attorneys. If the case will need to be litigated, attorneys will use this time for discovery. Finally, if an agreement cannot be reached, then the parties will proceed to trial.
- Read more here: What is the basic timeline for a divorce in Tennessee?
Tax Implications Of Splitting A 401(k) In Divorce
For the sake of your financial stability, it is critical to ensure that you receive your fair share of marital assets in your divorce. Retirement accounts are often among the largest and most valuable assets to be divided.
You may be entitled to a share of your spouse’s 401(k) account, even if the account is in their name only. However, accessing these assets and avoiding significant taxes and early withdrawal penalties requires the creation of what’s known as a qualified domestic relations order (QDRO).
Our attorney can draft a QDRO on your behalf to be listed as an alternate payee on your spouse’s 401(k) account. If you choose to put your share of the assets into your own eligible retirement account, you may be able to avoid any taxes or penalties associated with early disbursement. A QDRO can also be used to allocate the funds for other purposes, including child support or spousal support, but taxes and penalties may apply.
Read more here: Can I split a 401K in my divorce without paying taxes?
What Happens While The Divorce Is In Progress? Who Stays At Home? Who Gets The Kids?
Since a divorce does take some time, many people worry about what happens in the meantime. Who gets to stay in the family home? How will parenting duties be handled? What’s to stop one spouse from spending all the money in the bank account?
When a petition for divorce is filed in Tennessee, temporary injunctions automatically go into effect that prevent either spouse from completing activities such as transferring assets, canceling insurance policies or relocating with a child. Temporary orders may also be issued to address concerns such as child custody, the family home and more. Our lawyer will make sure that you are protected from the beginning.
Is Your Divorce Contested Or Uncontested?
Consulting an experienced divorce attorney, whether your divorce is uncontested or contested, is wise. Divorce is a life-changing experience. The decisions will affect the rest of your life.
Our lawyer handles uncontested divorce cases in which both parties are able to agree to all marital matters without dispute. Even in the case of simple division, it is critical that you protect your rights, property and family with appropriate legal counsel and representation.
Many divorces are contested. If you have children, if marital assets of significant value are involved or if one spouse brings more income to the household than the other, a mediated settlement will likely be necessary. Our attorney will work hard to obtain the best outcome possible for your case.
Protecting your parental rights, standard of living and the assets you deserve to take with you are essential functions of an experienced divorce lawyer.
Do You Have Children?
Determining and protecting your children’s best interests will require difficult decisions that you should not make alone. Your children’s best interests will supersede all other matters in the eyes of the court. Our attorney will stand firm in protecting your parental rights, and he will prepare a comprehensive strategy aimed at reaching the best outcome possible in your situation. Your child custody agreement will affect child support payments, which will affect property and asset division, which will affect alimony.
Get Reliable And Affordable Representation Today
Please give us a call at 901-410-5751 to schedule a meeting or contact us online. We offer daytime, evening and weekend appointments for your convenience.