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Motivation for Settlement – the court has no obligation to take liquidity of assets into account in your divorce

by Morgan Smith | May 17, 2016 | Contested Divorce, Divorce Lawyer

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,...

Divorce and Voluntary Underemployment – New Opinion

by Morgan Smith | May 10, 2016 | Contested Divorce, Post-Divorce Modification

A recent decision affirming a finding of underemployment came up through our own Fourth Circuit of Davidson County.  In Cocke v. Cocke, Mother filed a petition to increase support and Father filed a counter-petition to reduce it based on the eldest child emancipating....

I normally don’t do this but…GO PREDS!

by Morgan Smith | May 10, 2016 | Uncategorized

Let’s Go Preds!  (and to make this on topic, season tickets are marital property!  Don’t let your spouse get the seats, and if you have them before you get married protect them in your prenuptial agreements (especially Titan’s...

No Surprise to Anyone, Court Upholds Finding that Rape Qualifies As Inappropriate Marital Conduct for Divorce

by Morgan Smith | May 10, 2016 | Contested Divorce

I think I will shock no one when I tell you that the Court of Appeals has upheld a determination from Nashville’s own Second Circuit that being convicted of rape is grounds for divorce under the inappropriate marital conduct standard.  In Watt v. Watt, the...

Lack of Support of Athletics Not a Material Change

by Morgan Smith | May 9, 2016 | Contested Divorce, Divorce Lawyer, Family Law, Post-Divorce Modification

More affirmation that the material change standard for a change of primary parent determination is more strict than just your standard schedule modification:  Angela Newberry v. Jeremy Newberry.  Here, Father accused Mother of not supporting the children in their...

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