by Morgan Smith | Sep 12, 2016 | Contested Divorce
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...
by Morgan Smith | Aug 15, 2016 | Contested Divorce, Divorce Lawyer
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...
by Morgan Smith | Jun 3, 2016 | Contested Divorce, Divorce Lawyer, Post-Divorce Modification
“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...
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....
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...
Recent Comments