Legal Analysis and Commentary
When is one likely to see an unequal division of marital property in a long marriage? And what role does suffering economic detriment to benefit the marriage play in the alimony analysis?
Read MoreHow might divorce settlements be structured to take advantage of recent tax changes?
Read MoreWhen can a Tennessee court keep divorced parties jointly responsible for a debt?
Read MoreFacts: Wife was a 19-year-old college student when she met Husband, then 27 years old. Within a few weeks after meeting, Wife dropped out of college and moved in with Husband. They married six months later and have one son. When they married, Wife entered the marriage with, according to the trial court, “nothing but the […]
Read MoreMust a spouse who receives the marital home always refinance the mortgage out of the other spouse’s name?
Read MoreWhat happens when a marital dissolution agreement is poorly drafted? This.
Read MoreWhen is an unequal division of marital property reversible error?
Read MoreFacts: Husband and Wife divorced after 20 years of marriage. Husband owned three small businesses. In May 2015, husband and Wife filed with the trial court a written stipulation that they would hire Mr. Orndorff to value two of the businesses. They agreed to stipulate that whatever values Mr. Orndorff placed on the businesses would […]
Read MoreFacts: On Appeal: Case name (Tennessee Court of Appeals, Western Middle Eastern Section, date). Information provided by K.O. Herston: Knoxville, Tennessee Divorce and Family-Law Attorney.
Read MoreFacts: Husband and Wife were married for 26 years. They have two adult children. At the time of divorce, wife was 63 years old and retired because of health issues. Husband was 59 years old and earned $74,000 working as a mechanical engineer. The trial court awarded marital property valued at $542,763 to Wife and […]
Read MoreI found this article by Christopher Mele in The New York Times to be of interest. When Couples Divorce, Who Gets to Keep the Dog? (Or Cat.) When couples get divorced, children are not the only ones who can get caught in custody disputes. Fights over other members of the family — beloved pets — […]
Read MoreFacts: The parties divorced after 40 years of marriage. Both were 64 years old at the time of trial. Husband is a college graduate who is an executive in a company owned by his family, where he earns between $40,000 and $67,000 per year. He is healthy and has no present plan to retire. Wife […]
Read MoreFacts: Husband and Wife divorced after 26 years of marriage. They have two children, both of whom are now adults. Husband is 51 years old. Wife is 52. Husband, a retired Air Force veteran, works as a pilot for FedEx. Wife worked as a teacher but retired in 2012 because of health issues. The trial […]
Read MoreFacts: Husband and Wife were divorced after 12 years of marriage. The trial court divided 68 acres of marital property into three separate tracts. Wife was awarded the marital home with three acres. Because Wife’s mother occupied a mobile home located on the 68-acre tract, Wife was also awarded 10 acres where the mobile home […]
Read MoreFacts: Husband and Wife divorced after 18 years of marriage. On the day the case was scheduled to go to trial, Husband and Wife entered into a written agreement signed by both parties and their lawyers where Husband agreed, in relevant part, to pay Wife $2100 from his monthly military retirement benefit of $3678. The […]
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