Gatlinburg Family Lawyer
Family law disputes are arduous, emotional, and exhausting. Whether you are thinking about ending your marriage, or you need an existing support or custody order modified, it is important to obtain legal advice. A lawyer can advise you of the laws that apply to your case, and negotiate with the other side to help you obtain the best possible outcome. Below, our Gatlinburg family lawyer explains the most common issues we can help resolve.
Divorce
No one gets married thinking that it is going to end in divorce one day, but the high divorce rate shows just how often it happens. There are many laws governing the divorce process, including residency requirements and the grounds on which you can file. Some of the most common grounds for divorce are adultery, willful desertion of one year or more, two years of separation, and irreconcilable differences.
Uncontested divorces are cases in which the two parties agree to all the terms, and they are becoming more common today. When a case is contested, meaning the two parties do not agree to all terms, they can negotiate a settlement agreement or appear in court and have a judge make all decisions.
Property Division
When a married couple gets a divorce, all marital property must be divided. Marital property includes assets and liabilities acquired by the couple during the marriage. Property and debt brought into the marriage by one spouse is separate property and is not subject to division. Tennessee is an equitable distribution state, which means marital property is divided fairly although not necessarily equally. The court will consider the length of the marriage, the age and health of each party, and other factors when determining how to fairly divide property.
Child Custody and Visitation
When parents have children together and then get a divorce, decisions must be made about child custody and visitation. The courts in Tennessee can grant custody to either or both parents of the child. All child custody decisions in the state are made regarding what is in the child’s best interest. The factors considered include the stability of the child’s current living situation, the ability of each parent to properly care for the child, the child’s preference if they are of a certain maturity, and other factors.
Child Support
When one parent is awarded primary custody, the other parent is often ordered to pay child support. Child support payments are typically terminated when the child turns 18 years old or when the child graduates from high school. Child support payments can be modified when there is a significant change of circumstances.
Our Family Law Attorneys in Gatlinburg Can Help Resolve Your Issue
If you have a family law issue, our Gatlinburg family law lawyer at Fox, Farley, Willis & Burnette can explain your rights and options. After examining the facts of your case, we can help you gather evidence necessary to make strong arguments that support your position. Call us now at 866-862-4855 or contact us online to schedule a consultation and to learn more.
