Smith, Lehberger and Kennedy

Divorce & Post-Divorce

To get divorced, you and your spouse must agree to a resolution of all issues in your case or, if an agreement is not reached, a trial must be held so a judge can determine those issues. What are those issues?

In all divorce cases, assets and debts must be equitably, or fairly, distributed between you and your spouse. Assets include real estate, businesses, cars, bank accounts, household property and retirements. Debts include mortgages, home equity loans, car loans, credit card accounts, loans and tax debt. If spousal support is needed, the amount and duration of that support must be determined.

If you have children, a Permanent Parenting Plan must be determined setting out custody, visitation, decision-making and financial support arrangements for the children.

Uncontested Divorce

If you and your spouse amicably resolve all issues and sign the documents required by the Judge to enter a judgment divorcing you, you have an uncontested or agreed divorce. An uncontested or agreed divorce results in a quick, cost-effective divorce. Our attorneys will identify all the issues which need to be addressed in your case, and advise you about possible resolutions. Once agreement is reached by you and your spouse, our attorneys will draft the required documents to present to the Judge to finalize the divorce.

Contested Divorce

If you and your spouse cannot agree on the issues in your case, you have a contested divorce. Contested divorces are resolved by a Judge after a trial. Our attorneys will use their years of courtroom experience to guide you through the contested divorce process. Your attorney will conduct different forms of discovery, speak with potential witnesses, prepare experts, prepare you and your case for trial and present your case to the Judge. Settlement negotiations will most likely occur while trial preparation is ongoing, and you will attend mediation before trial if settlement is not reached.

Divorce is complicated and involves a lot of stress and emotion. We are here to make the process more manageable by listening to you and explaining the options available to you. We will use our knowledge and experience to obtain the best outcome for you and your family.

Divorce Attorney Knoxville TN Smith, Lehberger and Kennedy

Custody and Visitation

The custody and visitation plan that is in the best interest of your child may be the most important determination in your divorce case. Development of a co-parenting schedule is based on the unique facts of your case and is based on numerous factors, including: character and fitness of each parent, needs and development of the child, parent’s employment schedule, and the willingness and ability of each parent to encourage a relationship between the child and the other parent. A parenting plan also addresses how religious, educational, medical and extracurricular activity decisions will be made.

Our attorneys have the knowledge to give you excellent advice as you make decisions about your parenting plan. They also have the experience to develop creative ways to craft a parenting plan that addresses your family’s issues and needs. If litigation is necessary to obtain a parenting plan, they will be prepared to advocate for the parenting plan that is in your child’s best interest.

CHILD SUPPORT

Determining the appropriate support for a child is very important for you and your child. Make certain you get legal advice about the correct way to calculate child support. Tennessee law bases child support on several factors. Child support is based on the number of days each parent has with the child during the year, the monthly gross incomes of each parent, the cost of the child’s health insurance, recurring uninsured medical expenses for the child and the cost of work-related child care. A parent’s obligation to support other children that live inside or outside that parent’s home factors into the child support determination. Deviation from the child support determination may be warranted if certain facts exist and are explained and accepted by the Judge. In addition to the calculation of child support, determining which parent claims a child as a dependent on tax returns, who pays for health, dental and vision insurance for a child and how unreimbursed health care expenses are paid by the parents can have significant financial impact on a parent. Our attorneys have the knowledge and experience you need to obtain a correct child support determination.

SPOUSAL SUPPORT (ALIMONY)

Alimony is often the most contentious issue in a divorce. Alimony is based on the need of a spouse for support and the ability of the other spouse to pay that support. Need and ability to pay are not simple determinations. If alimony is appropriate, the duration and type of alimony can have significant financial impact on the spouse receiving alimony and the spouse paying alimony. Tennessee has four types of alimony, and which type of alimony is appropriate in your case determines if alimony can be modified and when the alimony ends. Our experienced attorneys can provide you with the advice and representation required when alimony is an issue in your case.

Divorce Lawyer Knoxville TN Smith, Lehberger and Kennedy

Relocation

Relocating can be an exciting and rewarding event in your life, but if you have a child with a person who is not relocating with you, relocation can be a tricky legal event. Tennessee has a specific relocation statute, and your failure to comply with its requirements could interfere with your plans. Consult with our attorneys if relocation is in your future so you plan properly and avoid possible legal complications.

Parents do not always agree on a parenting plan when one parent decides to relocate more than 50 miles away from the other parent. If relocation is to occur, our lawyers can help you negotiate or mediate a parenting plan that is acceptable to both parents. If an agreed resolution to the proposed relocation is not reached, a hearing must be held. Relocation hearings are custody and visitation hearings, and the focus is on the best interest of the child. Our lawyers have handled these hearings, and are prepared to represent you throughout the relocation litigation process.

COLLABORATIVE APPROACH

You have options on how you divorce! The process you choose to obtain a divorce has a tremendous impact on you and your family. The traditional litigation process is not your only choice. The collaborative process minimizes the impact of conflict on you and your family. The collaborative process offers you:

A confidential, respectful divorce that starts with an agreement between you and your spouse that neither of you will go to court to resolve the issues in your divorce, keeping the details of your private life private.
A team of professionals to assist you through the emotional, legal and financial aspects of your divorce. You and your spouse each have an attorney to provide legal advice through the divorce process. A neutral financial specialist may analyze assets and debts and advise you and your spouse as each of you structure a comprehensive plan for the next stage of your lives. And a mental health professional may act as a “divorce coach” to assist everyone in the process effectively communicate and reach resolutions that will work for your family.
Voluntary disclosure of information and material you must have to make informed decisions about your children and your financial future. A free flow of information between you and spouse results in a faster resolution.
An agreed resolution you create to fit your unique life. Because you control the outcome, you are more likely to be happier and better able to live with the terms of the divorce.

Collaborative Approach Smith, Lehberger and Kennedy Knoxville TN

Collaborative Approach Family Lawyer Smith, Lehberger and Kennedy Knoxville TN

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While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer.