Tennessee’s domestic relations laws are complex, and clients who are seeking a divorce often have a lot of questions about what they should be doing. Today, Mandy Hancock addresses some of the more common questions clients ask.

Do I need an attorney if my spouse has hired an attorney?

If your spouse has hired an attorney in a domestic relations case, it’s important for you to get an attorney as well. The reason is because your spouse’s attorney is not looking out for your best interests, and they do not have any duty to look out for your best interests. It is therefore very important for you to get your own attorney so that that attorney may look out for you, and what’s best for you.

If you find yourself faced with a situation where your spouse has hired an attorney, it is very important that you contact your own attorney.

How are assets and debts divided in a divorce?

In the state of Tennessee, the assets and debts of a marriage are divided in an equitable fashion. The marital estate is composed of all the assets and debts that you and your spouse have acquired during your marriage. There are certain assets and debts that are not part of estate. That might be anything that you had prior to the marriage, or anything that you have received during the marriage by way of gift or inheritance. If you find yourself facing a divorce, you should contact me, Mandy Hancock at Banks & Jones.

How do I know if I am entitled to alimony?

If you’re wondering if you’re entitled to alimony, you should contact an attorney. In the state of Tennessee, alimony is based on many factors. But the main two factors are, does someone need the alimony and does the other person have the ability to pay the alimony.

There are other factors that the court will take into consideration, but those are the main two factors that are weighed by the court. In the state of Tennessee, alimony is not done based on a calculation or based on a percentage, that’s why it’s important that you contact an attorney to know whether or not you may be entitled to alimony, and also to know whether or not you may be having to pay alimony.

Should I get a prenuptial agreement?

As a domestic relations lawyer, a lot of times people will approach me asking if they need a prenuptial agreement before they get married. I always tell people that it’s not a bad idea to have a prenuptial agreement. The reason is because that agreement can protect you in case of a divorce. It can protect assets that you may have owned prior to the marriage. It can also protect you in being exposed to paying alimony, and it can also protect you in being able to dispose of your assets as you deem fit through a will or a trust.

I don’t like the judge’s decision. What can I do?

A lot of times people try their lawsuits, and they get a decision by the judge that they do not like, or that they don’t agree with. At that point, if you are faced with that situation you do have several options. There’s certain motions that can be filed at the trial court level for certain types of relief. But most people in that situation are looking at filing an appeal to the Court of Appeals.

If that’s something that you need to do, you need to hire an attorney who is experienced in drafting and arguing appeals in front of the Court of Appeals. That’s something we can help with at Banks & Jones.

If you’re needing to file an appeal, you can contact us at Banks & Jones, either by calling 865-546-2141 or finding us at banksandjones.com.