Enduring a divorce is never a pleasant experience. These cases tend to be highly emotional, and the outcome could impact a person’s life for years or decades. Every part of a married couple’s life must change, and it may require a trial in court to affect those changes.
It is vital that people understand their rights during a divorce and know what to expect when going to court. No two divorces are the same, and depending on people’s goals and ability to compromise, it may take as little as a few months or multiple years to reach a resolution.
A Hamilton County divorce lawyer could help people to pursue their divorce cases. Whether you are looking to enter into a separation agreement for a quick end to your case or need to fight for your property rights or custody of children, an attorney is prepared to help.
A divorce is always a legal matter. Just as getting married creates a bond between two people that a court must recognize, so too does a divorce work to sever that bond. However, ending this relationship is never easy. Both parties to a marriage have rights to marital property, shared children, and the ability to demand alimony.
Perhaps the most contentious part of most cases concerns the distribution of marital assets. According to Tennessee Code Annotated §36-4-121, courts have the jurisdiction in every divorce to make an equitable distribution of marital property. The court accomplishes this distribution without concern for fault in the marriage. The same statute defines marital property as any asset that either party to the marriage obtains while married. Even if one party’s name is on the deed, or that same person maintains control over a business, a court has the ability to divide that property between the two parties.
Another common sticking point in many divorces concerns children. Every parent has an equal right to custody over a child, and courts no longer give preference to mothers. A person can only lose custody over a child through voluntary surrender or if a court deems them to be an unfit parent. With these concepts in mind, a court will craft custody and support decrees that serve the best interests of the child. A Hamilton County divorce lawyer could help to identify a person’s goals for a divorce and take appropriate steps towards making those goals a reality.
Divorces have a reputation as being contentious court battles with the two parties making unreasonable demands and forcing a court to make a final decision. While a full trial is certainly an option for a divorce, it may benefit many people to consider a compromised solution.
Any two people going through a divorce have the option of submitting a separation agreement to the court. This agreement serves as a form of contract that binds the two parties to the terms. Courts are very likely to accept these agreements and to incorporate the language into any final divorce decree. With the exception of clauses determining the care and custody of children, a separation agreement can serve as an efficient way to obtain a divorce.
A Hamilton County divorce attorney could help to guide people through the divorce process. If individuals wish to fight for their rights without any regard for the other party, an attorney could help to discover evidence and present arguments in court. If a person is open to negotiations, an attorney can help to facilitate a separation agreement.
Undergoing a divorce is always a stressful time. Whether you are looking to file the complaint in court as a first step, or need to respond after having received divorce papers, it is essential that you work quickly to protect your rights.
A divorce agreement will form the framework of your financial future. Key issues such as property rights, control over a business, and the payment of alimony will determine your financial outlook. Just as important are issues that determine child custody and support.
Having a clear goal and strategy is essential whenever going through a divorce. A Hamilton County divorce lawyer could provide essential support to promote a case in court and represent your interest during any settlement talks. Contact a Hamilton County divorce lawyer today to schedule a consultation.