Divorce
Step one: Hiring a lawyer
In choosing an attorney to handle your divorce case, a client should look at the lawyer’s experience, hourly rates, and, yes, personality. A divorce is a journey from married life to single life and is usually a major financial adjustment as well. If children are involved, it is a change in your role and life as a day-to-day parent. Even in the simplest of cases, this causes a great deal of stress and anxiety. Clients need a divorce lawyer who gives them experienced advice on what to expect in court, how to negotiate a settlement, and an objective answer to their many questions about what to do and what to avoid.
With almost 30 years experience practicing exclusively family law, I have handled thousands of divorce cases in Davidson County and counties across the state of Tennessee. I have tried cases where clients have million dollar estates and have represented spouses who have no joint property at all. I base my reasonable up-front retainer fee on the complexity of the case. I charge a very practical hourly fee and set payments to meet your financial needs. Whether your case is based on irreconcilable differences or the fault of a party, I have the experience to help you make an informed decision on your divorce settlement or go forward with a contested trial.
As a small office dedicated to the practice of family law, I or my staff will be able to give you and your case individual attention, personally answer questions by telephone, and assist you in completing all the necessary pleadings. I analyze and compile records and make sure you have a thorough understanding of your rights.
I know that divorce proceedings can be exhausting on physical, emotional, and mental levels. I strive to reduce your divorce’s negative effects by providing productive, efficient services. My experienced staff works with me as a team to ensure you receive the quality care you deserve.
Yes, there is life after divorce—and choosing the right attorney is the first step.
For more information on issues involved in a divorce, see:
Alimony/spousal support
While alimony is not granted in every divorce, one spouse can request monetary support on a temporary or permanent basis while a case is ongoing or after a case is concluded. Alimony is typically determined by the following factors:
- Each partner’s income and role during the marriage
- Which partner has primary residential care of the children
- Tangible and intangible property value during the marriage
- A disadvantaged spouse’s education and job skills
- The fault of partner in disrupting the marriage
- The length of the marriage and the age of the parties
- The physical and mental health of a spouse
I carefully examine all factors in the marriage to help determine whether alimony is justified, what amount should be given, and for how long. If you are currently under a court order to pay alimony and spousal support and need an increase in payments or need to decrease the payments you are making due to a change in your circumstances, I can provide you legal assistance with adjusting or terminating alimony payments.
Alimony awards can also include provisions for continuation of health insurance and life insurance, possession of a marital residence, and lump sum awards.
Property division
There are many common misunderstandings in dividing property in a divorce. Tennessee is an equitable distribution state—which does not necessarily mean an equal split. Courts look at separate property, marital property, each partner’s contribution to the marital estate, and a variety of other factors. It is important to have a seasoned attorney on your side to ensure you receive what is rightfully yours.
Property division in a divorce does not just mean splitting real estate or furniture acquired during the marriage. Marital property usually includes pension plans, cash values in insurance policies, increase in value of property owned by the other party prior to a marriage, business inventory and goodwill, and even business accounts receivables, income, or bonuses which are earned but payable in the future.
A separate property of a spouse is generally property owned before the marriage and brought into the marriage and property received as gifts or through inheritance. I suggest my clients make detailed lists of property of both spouses, including separate property and marital property. Where possible, it is advisable to make copies of pension and retirement statements, payroll records, bank statements, business records, current debts, etc., to be reviewed by me when discussing the equitable property division details of your case.
Useful resources
- Divorce Source, a comprehensive resource
- Divorce in Tennessee: an overview
- Divorce information
- MedlinePlus on divorce
- IRS Publication 504 for divorce or separated individuals
- IRS Topic 452 alimony paid
Call on Karen Cain
Contact Karen Cain, Attorney at Law for experienced, efficient, cost-effective representation on all family law issues. Deciding which attorney is right for you should not cost you money. Therefore, all initial consultations are free. I will answer your questions, evaluate your case, and quote you estimated fees. My Nashville office is easily accessible by public transportation and local interstates. Parking is free.
Karen Cain, Attorney at Law serves clients in the metro-Nashville Davidson County area and all middle Tennessee counties.
