Business Goodwill at Issue in Bradley County, Tennessee Divorce: Fuller v. Fuller

Facts: Husband and Wife divorced after 26 years of marriage. Husband is a certified financial planner who owns his owns practice. Husband testified that his practice typically receives two types of income. First, he earns direct commissions from the sale of financial products. Second, he earns resulting income from financial products he previously sold and […]

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Protecting Assets in Divorce

This article by Kelli Grant at CNBC may be of interest. Breaking up is hard to do: Protecting assets in divorce Getting divorced has a significant impact on your finances — and some missteps can make it even more costly. Divorce is an issue plenty of Americans will find themselves navigating. In 2014, divorces and […]

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Ability to Designate Life Insurance Beneficiary at Issue in Anderson County, Tennessee: Helton v. Helton

Facts: Husband and Wife divorced after 30 years of marriage. When dividing the marital property, the trial court placed a constructive trust over Husband’s $1.2 million life insurance policy and designated Wife as the trustee. The trial court directed Husband to designate Wife as a one-third beneficiary, each of their two children as a one-sixth beneficiary, […]

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Tennessee Family Law Legislative Update 2015

2015 was a quiet year for family law legislation in Tennessee. The Republican super-majority devoted it’s time to other issues such as preventing a floor vote on the Governor’s “Insure Tennessee” plan to expand Medicaid to low-income Tennesseans, imposing medically-unnecessary restrictions on women’s healthcare, or preventing local governments from prohibiting guns in local parks. While […]

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Property Classification Reversed in Bradley Co., TN: Griffith v. Griffith

Facts: Husband and Wife divorced after 15 years of marriage. When the parties married, Husband owned a one-third interest in a family business. He subsequently inherited the remaining two-thirds interest upon the death of his parents during the marriage. Because Husband’s business was failing and producing little income, Wife was responsible for paying most household […]

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Tennessee Divorce and Family Law Legislative Preview 2015

The Tennessee Legislature has begun its 2015 session. Several bills affecting family law have been introduced. Below is a brief summary of some pending family law legislation. Senate Bill 101/House Bill 90: This would allow a child support obligor and the obligee to enter into a written settlement to forgive accrued principal and interest on a child […]

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Transmutation of Veterans Benefits Affirmed in Tazewell Divorce: Phipps v. Phipps

Facts: Husband and Wife divorced after 39 years of marriage. Prior to their lengthy marriage, Husband served in the Vietnam War. A few months before Wife filed for divorce, Husband received a lump sum award from the Department of Veterans Affairs (“VA”) in the amount of $125,399. The benefits were awarded to Husband as a result […]

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TN Court of Appeals Divided over Applicability of Prenuptial Agreement: Heaton v. Heaton

Facts: Husband and Wife divorced after seven years of marriage. Prior to the marriage, the parties entered into a written prenuptial agreement, which recites, inter alia, that the parties desired for all separate property obtained by them during the marriage to remain separate. The agreement also provides that the only property to be considered jointly owned […]

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In Divorce, Who Gets Custody of the Debt?

The article by Charlie Wells in the Wall Street Journal may be of interest to readers of this blog. In Divorce, Who Gets Custody of the Debt? For many young couples today, marriage means more than loving, honoring and cherishing each other—it also means taking on a spouse’s student loans. And not only does educational […]

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Divorce Advice: Dividing Assets and Liabilities

Dividing Assets and Liabilities Most assets acquired by the parties during the marriage are considered joint or marital property. Likewise, most debts incurred during the marriage are considered joint obligations. Assets received as gifts, inheritance, or assets owned by the parties before the marriage are typically considered that spouse’s separate property. Tennessee has statutes that […]

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Equitable Division Splits Court in Bradley Co., TN Divorce: Hoggatt v. Hoggatt

Facts: The parties divorced after 13 years of marriage. Husband worked throughout the marriage until he became disabled approximately four years before the divorce. Wife did not work until around the time Husband became disabled. In 2006, Wife inherited money that she deposited into the parties’ joint checking account each quarter when it was received. In […]

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Dispute Over Property Classification and Equitable Division in Memphis Divorce: Luttrell v. Luttrell

Facts: Prior to the beginning of this 25 year marriage, Wife’s grandparents made her the beneficiary of a substantial trust fund. Throughout the marriage, Wife kept the trust assets in investment accounts titled solely in her name. Because of Wife’s considerable wealth, Wife was able to be a stay-at-home mother while Husband worked. At various […]

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