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Transmutation and Retirement Accounts in your Divorce Court Opinion

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...

Why your divorce is the best time to fight for primary care and control

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...

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...

Smart Divorce – When parents loaned kids money during the marriage

by Morgan Smith | Apr 3, 2016 | Contested Divorce, Divorce Lawyer

Very good and interesting case that originated out of Bradley County and has a new opinion from the Court of Appeals – in Merkel v. Merkel, the maternal grandfather intervened in the divorce action to protect his interests and likewise to keep a spouse from...

New Ruling on In Re: Andrea R. dealing with child support and private school deviations

by Morgan Smith | Dec 9, 2015 | Child Support, Contested Divorce, Divorce Lawyer, Family Law, Post-Divorce Modification

One of the issues in contested divorces with children is the child support worksheet and deviations of the support.   At its most basic, the child support is what it is, and your divorce lawyer will plug in the numbers and tell you what comes out.  If you are...
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