Horton, Ballard & Pemerton PLLCHorton, Ballard
& Pemerton PLLC
P: 423-243-3783 TF: 800-819-3927

Chattanooga Tennessee Legal Blog

Don't let frustration get the better of you during divorce

The way in which divorce comes about differs for every Tennessee couple. Some people may feel that they have grown apart and mutually decide to end their relationship, and others may face a sudden declaration from one spouse that the relationship needs to come to an end. Whatever the case was for you, you undoubtedly still have concerns about the legal process ahead.

Fortunately, as difficult as divorce can be, you can take steps to help your process move forward as smoothly as possible. Still, it is important to remember that even if ending a marriage is a mutual decision, conflict can still arise when it comes to hashing out the details of the settlement.

Carefully monitoring online posts to prevent divorce tension

One way Tennessee couples who are splitting up can minimize divorce tension is by carefully monitoring their online social media posts. Even before making the decision to seek a divorce, couples should be careful about making any relationship-related posts. Online content can be used during the divorce later on.

It's wise to carefully monitor online updates, including past posts, and even delete those that can be taken as offensive against the ex. During the divorce, it is also important to avoid posting the intimate details regarding property division and custody agreements. Though it might seem drastic, it's also a good idea to review the contact list of social media forums and to delete those contacts that might instigate further tension with the ex.

The most frequent errors that lead to car collisions

Every year in Tennessee and across the U.S., thousands of people die in auto accidents, and the majority of these accidents are caused by human error. The following are just a few of the most frequently cited errors that lead to accidents. If drivers kept the dangers of negligent driving in mind, they could do a lot to reduce the number of injuries and fatalities.

Drivers commonly fall into the error of distracting themselves behind the wheel, whether with their smartphone or through simpler activities like eating and drinking, and this is a leading cause of car crashes. Next, there is the danger of drunk driving. Alcohol impairs judgment and focus as well as slows down reaction times. This heightens the chances of a crash.

Divorce and summer: a great time to march forward

In Tennessee and across the United States, people tend to file for divorce during the summer. The warmer temperatures are not only about picnics and backyard barbecues. Divorce also looms large during the time of year when kids are on leave from school. According to psychologists and family law attorneys, summer is a good time to plan for divorce. Researchers recommend that couples make their divorce preparations several months before they file their legal paperwork.

Warm weather offers a good opportunity to spend time consulting with a divorce lawyer. It is also helpful to talk things over with a certified financial planner, especially when high assets are a big concern. Some couples do not even know how many credit cards or checking accounts they have or the amount of money that is in their accounts. Summer is an ideal time to go through financial documents pertaining to checking, saving, investment and credit card accounts.

The difference between physical and legal custody

Some people in Tennessee might think of which parent a child will be living with when they think about custody, but there are actually two different kinds. Physical custody refers to where a child lives, but legal custody involves making decisions about major aspects of a child's life. This includes what health care the child receives, where he or she goes to school, the religious tradition the child is brought up in and more.

While joint custody may be shared or only one parent may have custody while the other person has visitation rights, legal custody is nearly always shared. An exception is if a parent is unfit. A history of abuse, neglect or addiction might preclude a parent from being awarded legal custody. As with physical custody, the court bases all its decision on the child's best interests. In these situations, one parent might have both sole legal and physical custody.

Financial considerations concerning the family home in divorce

At some point over the course of your marriage, you and your spouse may have decided to pursue your goals of owning a home. Should the two of you decide to take separate paths in life, you might be wondering about each of your options and how best to handle the family home during divorce.

In some cases, the family home may consist of a significant portion of a couple's wealth and as such will likely play an integral role during negotiations. Prior to choosing to pursue ownership of this asset, it could be in your best interests to understand the possible financial ramifications thereof.

When divorced parents want to move away

Parents in Tennessee who separate or divorce have a long future ahead of co-parenting, sharing child custody and visitation. Since children can benefit so greatly from a relationship with both parents absent a situation of abuse or neglect, parents must keep certain issues in mind if they think about moving for a job or another opportunity. If one of the individuals wants to move more than 50 miles from the other person's home or outside the state, he or she must contact the other parent under the guidelines that were established by the state.

In general, this notice must be sent at least two months prior to the planned move. This requirement can be excused in emergency circumstances, such as a move to care for a critically ill relative. The notice must include a statement of the intention to move, the reason for the move and the location of the planned new residence. Under state law, the other parent can file a petition to object to the relocation within 30 days of receiving this notice. In some cases, the parents may be able to negotiate a new visitation schedule that takes the move into consideration.

What can happen to a business when a marriage ends

When Tennessee couples get divorced, it could have an impact on their businesses. This can be true whether a married couple owned the company jointly or if one person owned it before or during the marriage. In some cases, it will be necessary to sell the business even if that is not what either party wants to happen. However, a divorced couple may choose to run the company together after it becomes official.

Alternatively, the company can be restructured so that each party has their own role within the organization that is independent from the other. By not having to interact with a former spouse, it may be easier to continue to run it even if the divorce wasn't amicable. It is possible for one person to buy the other out. A buyout can happen with a lump sum payment or with payments being made over time.

Driver study reveals the most common phone-related distractions

Most people know that driving while distracted is a form of negligence. In an online study from Wakefield Research, nearly half of the 2,000 drivers who responded claimed that distracted driving was their top concern on the road. All but 1% ranked phone use as among the top three driver distractions. Considering these results, Tennessee residents may be surprised to hear that most of the respondents also engaged in distracted driving themselves.

Overall, participants admitted to using their cellphones for an average of 13 minutes a day while behind the wheel. The most prevalent phone-related distractions were responding to group chats, posting on and checking social and watching streaming videos.

Some traits that break up marriages

Many Tennessee couples know that certain behaviors contribute to marriages breaking up. These include sarcasm, criticism, stonewalling and contempt. Contempt has actually been identified as the main predictor of divorce. There are other silent relationship killers as well.

Conflict avoidance can kill a relationship because it does not allow a couple to address issues that arise on a regular basis. Since the problems are not addressed, the negativity and hurt are just allowed to fester. Not learning how to address conflict in a more open way can kill a relationship.

Email Us For A Response

Schedule A Consultation With An Attorney or Mediator

Bold labels are required.

Contact Information
disclaimer.

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.

close

Privacy Policy

Office Location
735 Broad Street
Suite 306
Chattanooga, Tennessee 37402

Toll Free: 800-819-3927
Phone: 423-243-3783
Fax: 423-826-2639
Chattanooga Law Office Map

Map