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How to Lose Primary Custody of Your Children in Five Easy Steps
A case came out yesterday from the Court of Appeals that really provides a great example of how interference and inability to coparent will come back to haunt you, with the Court of Appeals ordering primary care to the non-offending parent. The case Wilson v....
Post-Divorce Contempt – Overturned, but poor man has been in jail pending appeal anyways
New Appellate Decision Re: Post-Divorce Contempt, Denton v. Denton We deal a lot with civil and criminal contempt in our divorces, both filing and drafting in anticipation of them. I can think of nothing more terrifying for a client than what has happened to this...
Very cool – CT has banned civil forfeiture without conviction
Not directly divorce related, but we have a lot of overlap with criminal matters as they often are the causes of divorce or involved in the proceedings - nothing fun about having to pay a bunch of money to get marital property back after your stupid spouse got it...
How do I pick the best divorce attorney for me
There are a several great divorce attorneys in Nashville, Tennessee, but just because they are the best divorce lawyer for someone else does not mean they are the best divorce attorney for you. Both people, lawyers, and the cases have their own personalities. It is...
I am hiring a divorce attorney in Tennessee for my divorce. What is a retainer and how does it work?
I have been getting questions about retainers a lot recently, so here is a quick Q&A. "I am hiring a divorce attorney in Tennessee for my divorce. What is a retainer and how does it work?" A retainer is attorney fees that you are advancing to your attorney in...
Specificity in your Marital Dissolution Agreement
In my practice as a divorce lawyer here in Middle Tennessee, I find a lot of clients don't want to be bothered with listing out specific property, or taking the time (and paying the attorney fees) to go over it in detail with their attorneys. Sometimes, when parties...
Transmutation and Retirement Accounts in your Divorce Court Opinion
Something that comes up quite a bit in my divorce intakes is whether or not property is separate property or marital property. Retirement accounts can be very tricky in this regard, because people generally don't keep them completely separate, and frequently dip into...
2016 Best Divorce Lawyers in Nashville Award from Expertise
Tennessee Divorce Attorney Morgan Smith is very excited to be named among the 25 Best Divorce Lawyers in Nashville from Expertise.com for 2016! Check it out! The Law Office of Morgan Smith have received an award for Best Divorce Lawyers in...
New Transmutation Case Out (Inheritance and Separate Property in a Divorce)
High net worth divorces often deal with a legal concept called "transmutation." Transmutation is the legal term that describes the changing of a separate asset to a marital one. A new case covering the subject was released on August 8, 2016, and the Court of Appeals...
The Costs of Divorce – Attorney Fees
Prospective divorce clients frequently want to know how much a divorce will cost in Middle Tennessee, and especially how much a good Tennessee divorce attorney is going to cost them both in fees they pay to me directly, or fees they may have to pay to the other side....
Why your divorce is the best time to fight for primary care and control
"However, “a "change in circumstance" with regard to the parenting schedule is a distinct concept from a "change in circumstance" with regard to the identity of the primary residential parent.” Massey-Holt v. Holt, 255 S.W.3d 603, 607 (Tenn. Ct. App. 2007); see also...
Motivation for Settlement – the court has no obligation to take liquidity of assets into account in your divorce
In Grant v. Grant, which came out of Montgomery County (Clarksville), the Court was tasked with the equitable distribution of assets and liabilities in a high asset divorce, and to set alimony. This is a good example of why settlement can be a good idea. In Grant,...
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