Divorce
Adoption
Wills and Probate
Divorce is the termination of a marriage. A divorce is granted either based upon grounds or based upon irreconcilable differences, i.e. a no fault divorce. Parties must address issues of property and debt distribution; whether alimony should be awarded, and if so, how much for how long; what the residential situation of children will be and who will be responsible for making decisions; and how child support will be allocated.
At one time, divorce would only be granted to a party who had “clean hands,” meaning that if both parties had grounds for divorce against each other, neither party would be awarded a divorce. This is no longer the case. It is my experience that grounds for divorce are not hotly contested in many divorces; it is certainly rare for parties to be denied a divorce because grounds do not exist, if both parties wish to be divorced.
When do grounds for divorce become important? The question of who is more at fault in the breakup of a marriage does still have an impact on alimony and attorney’s fees issues, given the existence of other grounds for awarding of these remedies. This question has NO impact on division of property. The grounds for being awarded a contested divorce in Tennessee are as follows:
If both parties can agree on the terms of divorce and reduce the agreement to writing, the parties can have an irreconcilable differences divorce, where neither party is considered to be at fault.
Parties will sometimes stipulate to grounds existing, meaning he or she agrees that the other party has grounds for divorce against him or her, as part of a settlement.
You can accomplish everything in a legal separation that you can accomplish in a divorce: division of property and debts, alimony, child custody, child support) except instead of completely terminating the marriage, you only sever the duty of cohabitation, meaning that the spouses do not have a right to live with each other.
You cannot re-marry if you have only a legal separation from your spouse. If you are separated for two years, either party can go back to court and obtain a divorce, without any other grounds.
There are a number of reasons while people may choose to separate rather than divorce, such as wanting to continue insurance coverage, or waiting for certain benefits to accrue before divorcing. Some people have religious objections to getting a divorce for any reason other than a spouse’s infidelity, but they do not want to continue to live with an abusive person, for instance.
For more information on divorce or legal separation, please visit www.andrewfoxlaw.com.
Adoption is a legal proceeding that establishes a new relationship between a parent and a child. The birth family’s rights are terminated and the adoptive family’s rights are established through the adoption process. There are many types of adoptions, including:
Before an adoption can occur, there must be a voluntary or involuntary surrender of parental rights of the birth and legal parents of a child. Sometimes a birth parent consents to the adoption of his or her child. In other cases, a petition is filed in court as part of the adoption petition or as a separate petition to involuntarily terminate the rights of the parent. This proceeding requires a hearing and a judicial determination before the adoption can occur. There are certain grounds on which a parent’s rights to a child can be terminated pursuant to an adoption:
For more information on adoptions, please visit www.andrewfoxlaw.com.
Death is never easy to deal with, but having a plan can help make that time a lot easier for your loved ones to bear. Having a will and directions in place for the distribution of your estate is always recommended, and at the Gilbert & Fox Attorneys we will help you do just that.
Your will dictates how the contents of your estate should be distributed. Whether you choose to leave your belongings to your family, friends or give anonymously to charity, the team at Gilbert & Fox Attorneys will make certain to have your items distributed according to your final wishes.
Wills are not only for the elderly, but for the young as well. Should you meet an untimely death when you have children, it is even more important that a will is in place. Your will won’t only determine how your property will be split, but will also decide where your children will live if they are minors. Your will should also be modified to incorporate any significant life changes, such as death of beneficiaries, births, marriage, divorce, etc.
Probate is the process of validating the will. This is carried out by resolving all claims and naming the executor who will distribute the will. A probate court carries out this process. A will is not valid until it has been probated. Uncontested wills tend to be easier to probate.
Simply writing out how you would like your property distributed without ensuring that it follows state guidelines can make your will null and void. This is why it is imperative to get a lawyer involved. You need legal counsel who is aware of the state laws and understands the process. At Gilbert & Fox Attorneys, we have extensive experience in drafting wills for our clients.
Gilbert & Fox Attorneys understands the will and probate process and can offer helpful recommendations that would ensure that your family and friends are well cared for even after you are no longer here. Contact us today for a consultation.
Divorce
Adoption
Wills and Probate
Divorce is the termination of a marriage. A divorce is granted either based upon grounds or based upon irreconcilable differences, i.e. a no fault divorce. Parties must address issues of property and debt distribution; whether alimony should be awarded, and if so, how much for how long; what the residential situation of children will be and who will be responsible for making decisions; and how child support will be allocated.
At one time, divorce would only be granted to a party who had “clean hands,” meaning that if both parties had grounds for divorce against each other, neither party would be awarded a divorce. This is no longer the case. It is my experience that grounds for divorce are not hotly contested in many divorces; it is certainly rare for parties to be denied a divorce because grounds do not exist, if both parties wish to be divorced.
When do grounds for divorce become important? The question of who is more at fault in the breakup of a marriage does still have an impact on alimony and attorney’s fees issues, given the existence of other grounds for awarding of these remedies. This question has NO impact on division of property. The grounds for being awarded a contested divorce in Tennessee are as follows:
If both parties can agree on the terms of divorce and reduce the agreement to writing, the parties can have an irreconcilable differences divorce, where neither party is considered to be at fault. Parties will sometimes stipulate to grounds existing, meaning he or she agrees that the other party has grounds for divorce against him or her, as part of a settlement.
You can accomplish everything in a legal separation that you can accomplish in a divorce: division of property and debts, alimony, child custody, child support) except instead of completely terminating the marriage, you only sever the duty of cohabitation, meaning that the spouses do not have a right to live with each other.
You cannot re-marry if you have only a legal separation from your spouse. If you are separated for two years, either party can go back to court and obtain a divorce, without any other grounds.
There are a number of reasons while people may choose to separate rather than divorce, such as wanting to continue insurance coverage, or waiting for certain benefits to accrue before divorcing. Some people have religious objections to getting a divorce for any reason other than a spouse’s infidelity, but they do not want to continue to live with an abusive person, for instance.
For more information on divorce or legal separation, please visit www.andrewfoxlaw.com.
Adoption is a legal proceeding that establishes a new relationship between a parent and a child. The birth family’s rights are terminated and the adoptive family’s rights are established through the adoption process. There are many types of adoptions, including:
Before an adoption can occur, there must be a voluntary or involuntary surrender of parental rights of the birth and legal parents of a child. Sometimes a birth parent consents to the adoption of his or her child. In other cases, a petition is filed in court as part of the adoption petition or as a separate petition to involuntarily terminate the rights of the parent. This proceeding requires a hearing and a judicial determination before the adoption can occur. There are certain grounds on which a parent’s rights to a child can be terminated pursuant to an adoption:
For more information on adoptions, please visit www.andrewfoxlaw.com.
Death is never easy to deal with, but having a plan can help make that time a lot easier for your loved ones to bear. Having a will and directions in place for the distribution of your estate is always recommended, and at the Gilbert & Fox Attorneys we will help you do just that.
Your will dictates how the contents of your estate should be distributed. Whether you choose to leave your belongings to your family, friends or give anonymously to charity, the team at Gilbert & Fox Attorneys will make certain to have your items distributed according to your final wishes.
Wills are not only for the elderly, but for the young as well. Should you meet an untimely death when you have children, it is even more important that a will is in place. Your will won’t only determine how your property will be split, but will also decide where your children will live if they are minors. Your will should also be modified to incorporate any significant life changes, such as death of beneficiaries, births, marriage, divorce, etc.
Probate is the process of validating the will. This is carried out by resolving all claims and naming the executor who will distribute the will. A probate court carries out this process. A will is not valid until it has been probated. Uncontested wills tend to be easier to probate.
Simply writing out how you would like your property distributed without ensuring that it follows state guidelines can make your will null and void. This is why it is imperative to get a lawyer involved. You need legal counsel who is aware of the state laws and understands the process. At Gilbert & Fox Attorneys, we have extensive experience in drafting wills for our clients.
Gilbert & Fox Attorneys understands the will and probate process and can offer helpful recommendations that would ensure that your family and friends are well cared for even after you are no longer here. Contact us today for a consultation.