What Is the Remedy When a Party Violates the Automatic Injunction?: Coleman v. Olson Presents a Case of First Impression in Tennessee

Facts: Mother and Father married in 2007. Their child was born the following year. In the summer of 2012, they began having marital problems. This culminated in a physical altercation that resulted in Mother’s arrest. Upon her release from jail, Mother moved into the home of a friend. Mother filed a complaint for divorce on […]

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Unequal Division of Marital Property Affirmed in Ashland City, TN Divorce: Brady v. Brady

Facts: After 7 1/2 years of marriage, Husband and Wife divorced. Prior to the marriage, the parties purchased what would become the marital residence, which property was titled in both names as tenants in common. The trial court found Husband contributed $262,000 of his separate funds and Wife contributed $30,000 of her separate funds toward […]

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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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Modification of Marital Dissolution Agreement Rejected in Dandridge, TN Divorce: Worgan v. Worgan

Facts: The parties were divorced by agreement. Their Marital Dissolution Agreement provided, in relevant part: “Husband and Wife expressly certify and acknowledge they have entered this Agreement upon mature consideration, that they have each fully disclosed all of their assets, and that all of said assets have been distributed herein.” The trial court incorporated the […]

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Interpretation of QDRO and Marital Dissolution Agreement Reversed in DeKalb County Divorce: Macy v. Macy

Facts: When the parties settled their divorce case, they executed a marital dissolution agreement (“MDA”) that provided in relevant part: As a division of marital property, the husband will pay to the wife the sum of $115,000.00, which shall be paid from his retirement account…. The parties agree that wife shall receive the total sum of […]

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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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What is a Prenuptial Agreement?

Prenuptial agreements were once thought of as the exclusive province of the “rich and famous.” During the past twenty years, however, there has been an explosion of prenuptial agreements, and they are not limited to celebrities with recognizable names. Prenuptial agreements are now quite common and are used by a wide variety of clients. They […]

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