Frequently Asked Questions

What info do I bring to my first meeting with my divorce attorney??

1. Tax documentation for both you and your spouse (if possible) for the last 3 years

2. Recent Bank Statements

3. Any Pre-Nup or Post-Nup Agreements applicable to the marriage

4. Social Security #'s, W-2's or proof of work status, Addresses, etc. for both parties

5.  Anything you feel could be used as evidence against or for your spouse  in the divorce proceedings, ie: texts, emails, tweets,        pictures,  etc.

BUT......if  you don't have access to all or part of the above listed, no problem,  we'll work together and get everything we need.

How long will my divorce take?
Just  like every relationship, every case is unique. I’ve had divorces  finalize in as little as two months on up to one year. Tennessee law has  mandated a minimum sixty (60) day waiting period for couples without  children and a ninety (90) day waiting period for couples with children,  before a divorce can be finalized. This waiting period begins the  moment the divorce is filed.  If two married people, without children,  agree on every property division, debt division, and alimony (if any),  then the divorce can be completed in as little as sixty days.

However,  as I’m sure you know, that’s the best case scenario and not the typical  outcome. Your divorce may be contentious because of emotions or the  eagerness of one side, or the other, to drag out the case as long as  humanly possible. This can come from either spouse or, sad but true,  either attorney. I want you to know that my personal, and professional,  position is that I will make every reasonable effort to work with  opposing counsel to bring both parties to an agreeable solution as  quickly and as painlessly as possible. If we can negotiate an agreeable  solution without excessive anger and fighting, your future years will be  much more pleasant, especially if you have children.

How hard should you fight?  How hard will I fight for you?

Sometimes,  no matter how much you wish otherwise, an amicable divorce just isn’t  possible. There are any number of reasons why, it can be the fault of  either party, either attorney, or simply because each party differs on  the idea of a fair settlement. Just know that if any of these issues  arise in your case, I will aggressively pursue your rights through the  trial phase. I have had cases where a party is being unreasonable and  those clients simply must have their day in court.

 How much will all of this cost?

Just  like, how long will it take, the final cost of each case varies. We  will try to help you keep this major life change as affordable as  possible, but the cost depends largely on how contentiousness the case  becomes. The bigger the fight the more work we have to do in order to  reach our desired outcome. For example, you and/or your spouse may not  trust each other to give full and accurate financial information to the  other side. If this happens we’ll have to do what is called a full  discovery. Discovery consists of Interrogatories and Requests for  Production of Documents to the other side. This paperwork will require  your spouse to answer written questions under oath. The discovery stage  is often followed by depositions. During a deposition both you and your  spouse will give sworn testimony in front of a court reporter that can  be used in court at your hearing. In some cases documents may have to be  subpoenaed from your spouse’s work, bank, or other sources. In short,  the less cooperative the parties are and the more contentious the  divorce, the higher the cost of attorney fees.

What if my spouse and I decide to reconcile after we’ve filed?

This  is a great question! Reconciliation is often attempted and in some  cases it’s successful. If you and your spouse decide to reconcile, the  Court will allow for an Order of Reconciliation. This is very important  because it documents and preserves the grounds stated for the divorce  without waiving (condoning) them for a period of one year. Why is this  so important? If for some reason the reconciliation fails, and the Order  of Reconciliation was not requested to preserve divorce grounds, your  case could be irreparably damaged.

Am I a candidate for alimony?

Alimony is largely based on one spouse’s need and the other spouse’s ability to pay.

In  the past, alimony was often viewed as a lifelong paycheck, paying out  until death or remarriage. That is now rarely the case, except in long  term marriages. There are many types of alimony available through  Tennessee courts, two of the most commonly granted types are……..

Rehabilitative alimony, which allows the disadvantaged spouse time to train for gainful employment.
 Transitional  alimony, which allows for post-marital support for a predetermined  period of time during and/or after the divorce. This type is used to  help stabilize standards of living and allow the disadvantaged spouse to  adjust to the economic consequences of the divorce.

What are the biggest benefits of having a Will?

First and foremost, having all of your wishes laid out clearly will allow your family to mourn without having to concern themselves with "What's NEXT??".  Having an estate plan will make sure that your final wishes to benefit your loved ones are granted. A proper estate plan will set forth how you would like your assets and property to be distributed to your spouse, children and other loved ones.

What is "Probate" and why do my family members belongings have to go through court?

The probate process is required by the state to transfer someone’s property upon their death. It is a legal proceeding to make sure the rightful heirs receive any inheritance they are due. Although many people are afraid of “probate,” it does not have to be scary, lengthy, costly or complicated. If you have lost a loved one and need assistance with probate or estate administration, we'll be here when you're ready.

How do I select an Executor?
The "Executor" of your estate should be a neutral party, someone that will not cause controversy among your heirs/loved ones. It should also be someone that you trust to put your wishes first and foremost, and that works well with your estate attorney.