Runyon & Runyon
Contact Us For An Appointment
toll free 800-568-1534
local 931-305-0061

Clarksville TN Divorce Law Blog

What to do if an ex is making false allegations during a divorce

Divorce can bring out the worst in some people, including the person you are divorcing. Emotions like fear, anger, bitterness and sadness can drive someone to say or do things that are dishonest and hurtful in an effort to protect themselves or cause pain to others.

If you are in a situation where your ex is lashing out and making false allegations against you in your divorce, you need to protect yourself and make sure you set the record straight. 

Dividing marital property can be challenging

As you go through a divorce, you hope that the process moves forward in a fast and efficient manner. But here is the problem: There are many challenges that can get in the way. One of the most common is the division of marital property.

While you have one idea of how things should work out, your former partner probably feels another way. For this reason, you may have to leave it up to the court to decide.

Ways a divorce attorney can offer more help than a website

Internet access from computers, tablets and smartphones, combined with the proliferation of do-it-yourself websites, may encourage some individuals to file for divorce on their own.

Our family law firm encourages our clients to get a jumpstart on the divorce process by documenting their various assets and positions on matters such as custody, support and property division. However, there are areas where an attorney is better situated to protect an individual’s interests during a divorce. Here are just a few examples:

Does state law encourage a cooperative approach to child custody?

Tennessee lawmakers clearly hope that parents will continue to cooperate after a divorce for the sake of their children. For example, recent amendments to the Parental Bill of Rights contemplate the involvement of both parents in a child’s life, regardless of custodial or non-custodial status. 

Traditionally, the parent who was awarded legal custody was the primary decision-maker for matters such as a child’s education and daily well being. The new amendments require schools to give the non-custodial parent access to his or her child’s school records, as well as the right to visit the child at school. The law also ensures that both the custodial and non-custodial parent may attend a parent-teacher conference. In fact, a legal cause of action may be available to a non-custodial parent who is denied these rights.

Does it make sense to live close to your ex after a divorce?

Divorcing couples may look forward to spending less time with each other. When minor children are involved, however, a different set of rules may apply. Indeed, parents may need to work extra hard in making visitation plans work. It may even seem like more scheduling and cooperation is required after a divorce than during the marriage.

Fortunately, an amicable approach to child custody and visitation is possible. A recent article profiled one couple that stayed in the same three-unit brownstone after their divorce for the sake of their children. The husband moved to the garden level, the wife moved to the top floor, and they rented out the middle unit. The proximity saved them traveling time. Instead of a long commute, the kids simply needed to ascend or descend a flight of stairs when it became the other parent’s turn under the visitation plan.

What laws offer protections to victims of domestic violence?

A claim of domestic violence can implicate both federal and state laws, as well as civil and/or criminal liability. The bottom line is that there are laws that offer protections to victims of domestic violence. 

At the federal level, the 1994 Violence Against Women Act established a national domestic violence hotline, codified certain confidentiality provisions, and requires protection orders obtained by victims to be recognized and enforced in all U.S. states and jurisdictions. States also offer their own protections.

Parallels and contrasts between military and civilian divorce

Approaching property division in a divorce can be tedious even for amicably parting couples. When the additional wrinkle of military law is added, an attorney may be your best bet.

Specifically, several federal laws apply in a military divorce. One, the Servicemembers Civil Relief Act, imposes restrictions on the timing of a military divorce: divorce proceedings cannot be brought against active-duty military members in most cases. Another federal law, the Uniformed Services Former Spouses’ Protection Act, governs how military pensions are divided during a divorce.

Attitudes about childhood divorce may be changing

Conventional wisdom may hold that children can be negatively impacted by a divorce. Some research also indicates that the effects of a childhood divorce may last a lifetime. However, while any change in home life can require adjustment, the author of a recent article claims that her parent’s divorce during her childhood actually made her stronger. 

The author asserts that her parents' divorce, which occurred when she was 11 years old, encouraged her to be more self-sufficient. She further states that it also made her appreciate the relationships she still had in her life, and ultimately helped her to choose a stable partner in marriage. Finally, the author claims that having worked through family issues in her childhood helped her to avoid repeating those same mistakes as a parent.

Does a fault-based divorce require more evidence?

Tennessee’s approach to a no-fault divorce is termed irreconcilable differences. Yet state law also lists a number of fault-based grounds, such as impotence, adultery, abandonment, cruel and inhuman treatment, and other grounds. 

Is the distinction between a divorce on fault or no-fault grounds significant? As a law firm that has helped many clients through both amicable and contentious divorces, the ground(s) stated in the divorce filing can make an impact. 

Does divorce impact retirement?

Although the financial impact of divorce must be carefully examined at any age, a recent article cautions that special retirement considerations come into play for divorce after age 50. For a grey divorce, property division is about more than splitting tangible assets.

Specifically, retirement accounts should be carefully valued. Our law firm recommends that financial assets should be valued according to their projected sustainable income. That analysis must also factor in taxes. Consequently, an account that has taxable withdrawals may be worth less than a comparable account that is only taxed for its gains. The type of tax should also be noted, such as ordinary income versus capital gains tax treatment. 

We Have Answers

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.