Law Office of Lisa Collins Werner Knoxville Family Law Attorney | Divorce & Adoption | TN2024-03-11T19:52:21Zhttps://www.lisacollinswerner.com/feed/atom/WordPress/wp-content/uploads/sites/1404339/2020/01/cropped-Law_Office_Of_LisaCollinsWerner_Logo_512x512_Favicon_JAN2020-1-32x32.pngOn Behalf of Law Office of Lisa Collins Wernerhttps://www.lisacollinswerner.com/?p=486552024-03-11T19:52:21Z2024-03-11T19:52:21ZWhen navigating the complexities of crafting a parenting plan during a separation or divorce, addressing extracurricular activities is a good idea. These activities may both be important to kids and good for their development. However, juggling them and paying for them can be tricky endeavors.
Including clear guidelines for extracurricular involvement in parenting plans can help to ensure that children can continue to benefit from these activities without unnecessary stress or conflict between their co-parents.
Setting expectations
It's important to discuss each parent's expectations and the child's interests to make decisions that best support the child's development and well-being. This dialogue should consider the time commitment, costs involved and logistical requirements of each activity to better ensure that the associated arrangement is manageable.And while clear expectations are truly important, flexibility is often key in accommodating extracurricular schedules, which may vary seasonally or require unexpected adjustments. Co-parents should be willing to compromise (reasonably) and adjust their schedules, when possible and not unreasonable, to support their child's participation. This might include trading days, adjusting exchange times or occasionally allowing the child to stay longer with the parent who is facilitating the activity at that time.As most parents know all too well, extracurricular activities can inspire significant expenses, including registration fees, uniforms, equipment and travel costs. A parenting plan should clearly outline how these costs will be divided between the parents. This might involve a 50/50 split, a proportionate division based on income, or one parent taking responsibility for specific activities. Clarity in this area can prevent future disagreements.Extracurricular activities are just some of the challenges that may inspire tension between co-parents. By thoughtfully approaching all areas of a child’s life that could lead to conflict, co-parents can craft a solid parent plan designed to facilitate their child’s best interests and prevent tension in the process. ]]>On Behalf of Law Office of Lisa Collins Wernerhttps://www.lisacollinswerner.com/?p=486532024-02-28T14:07:46Z2024-02-28T14:07:46ZPhysical custody is about presence and bodily needs
Discussions about child custody matters often focus almost exclusively on physical custody. Parents worry about having enough time with their children, and that is what physical custody allows them to obtain. The courts usually divide physical custody between both adults based on what would be in the best interests of the children.
A judge considers factors ranging from the stability of someone's living circumstances to the role they have previously played in the lives of the children when determining what would be in their best interests. Unless there have been major issues in the family related to crime, abuse, neglect, abandonment or substance abuse, there is a presumption that shared physical custody is the best option for the children.
A parent with physical custody not only has the privilege of spending time with the children but also has a responsibility to meet their basic needs. A parent with physical custody has to pick a sick child up from school and ensure that the children have meals.
Legal custody is about parental authority
Parents don't just provide for their children's basic needs. They also have a responsibility to guide them and make key decisions on their behalf. Children are notoriously short-sighted and cannot understand the long-term repercussions of their actions in many cases. Parents, therefore, have the authority to make decisions about the religious practices, educational pursuits and medical treatment of their children while they are still minors. Those parenting jointly share legal custody, and those co-parenting after a breakup or divorce usually also need to share legal custody.
Parents negotiating custody arrangements in Tennessee often need to think about not just their desire to have time with the children but also the need to influence major choices about their upbringing. Typically, parents can settle their custody disagreements amicably by working with one another, but they also have the option of litigating and asking a judge to divide legal and physical custody if they can't reach their own arrangements.]]>On Behalf of Law Office of Lisa Collins Wernerhttps://www.lisacollinswerner.com/?p=486512024-02-26T20:37:43Z2024-02-26T20:37:43ZThe role of post-nuptial agreements in strengthening marital bonds
Openly discussing and drafting a post-nuptial agreement can deepen marital bonds by fostering honest communication and alignment of financial goals. Preemptively addressing potential scenarios demonstrates commitment and responsibility.
Ambiguity regarding financial matters can lead to misunderstandings and conflicts. Post-nuptial agreements provide clarity on issues such as property division, spousal support and inheritance, potentially reducing the likelihood of disputes in the future.
Moreover, in an ever-changing economic landscape, protecting individual assets is paramount. Whether it's a business, inheritance or investments, a post-nuptial agreement can ensure that each spouse's interests are safeguarded, regardless of external circumstances.
Life is unpredictable, and unforeseen events can impact financial stability. By outlining provisions for potential scenarios such as disability, unemployment or death, couples can navigate challenges with confidence, knowing their interests are protected.
Drafting a comprehensive post-nuptial agreement
Transparency is fundamental to the efficacy of a post-nuptial agreement. Therefore, both spouses should provide comprehensive disclosures of their assets, debts, income and expenses to help facilitate equitable negotiations. Moreover, a well-drafted post-nuptial agreement should be clear, specific and comprehensive, leaving no room for interpretation or ambiguity.
The notion that post-nuptial agreements are reserved for troubled marriages is a misconception that undermines their true value. By fostering open communication, trust and proactive financial planning, post-nuptial agreements can strengthen marital bonds, protect individual assets and provide clarity and security for all couples.]]>On Behalf of Law Office of Lisa Collins Wernerhttps://www.lisacollinswerner.com/?p=486492024-02-16T01:56:40Z2024-02-16T01:56:40ZIn the past, divorce was known to be adversarial and full of conflict. One spouse would have to show that the other had engaged in some form of wrongdoing, such as infidelity. With no-fault divorce, this has changed somewhat. There is no need for both spouses to engage in a courtroom battle.
However, divorce is still a stressful experience and conflict can arise. Outlined below are a few ways that you may be able to reduce the conflict in your divorce.
Avoid social media
Social media plays a role in most people’s lives today and those in the legal sector are aware of this. Social media is increasingly being produced as evidence in all forms of legal cases, including divorce proceedings. You can take steps to prevent this, such as increasing your privacy settings. However, the safest approach is to assume that anything you post online could be seen by your spouse during divorce. Thus, the best course of action is to avoid social media use during divorce proceedings. Any post that could be construed as being negative toward your spouse could harm your case.
Focus on the future
Divorce is tough and it signifies the end of the marriage, but it’s also a new chapter in your life that you can look forward to. Rather than getting into disputes about why the marriage didn’t work out, it can help to take a “business like” approach to focus on what you really want out of the divorce settlement and what you are willing to let go of. The more legal information you have at your disposal the better prepared you will be for divorce negotiations. ]]>On Behalf of Law Office of Lisa Collins Wernerhttps://www.lisacollinswerner.com/?p=486472024-02-02T14:59:05Z2024-02-02T14:59:05Zmarital home – if you and your spouse co-own your property.
Many people assume they need to fight to get the house because it’s what they’ve seen fictional characters do on TV or read about celebrities doing in real life. Yet, it is not always the best policy.
There is no universal answer about what to do with property
There are many variables at play in a divorce. What is best for one person in their divorce may not be so for someone in a different situation. Here are some things to consider:
Can you afford it? A large family house will be expensive to run, and, especially if you still have many years of mortgage payments to make, you might be better off with something smaller and more affordable.
What would you be willing to give up to keep it? Property division in Tennessee needs to be equitable. So, if you keep the house, what would a judge allow your spouse to keep to make things fair?
How will it affect any children you have? Allowing your children to continue living in a property they have always lived in can provide them with crucial stability. If the children are likely to spend more time living with one parent than the other, some couples consider it best to allow that parent to keep the property for the benefit of the kids.
Learning more about how the property division process works can help you make informed choices as you divorce.]]>On Behalf of Law Office of Lisa Collins Wernerhttps://www.lisacollinswerner.com/?p=486452024-01-23T13:41:58Z2024-01-23T13:41:58ZThe other spouse
For stepparent adoption to be an option, the spouse of the stepparent must agree to the adoption. Sometimes, there might be a good reason to oppose the adoption, such as the child's eligibility for certain benefits through the other parent. A stepparent hoping to adopt their stepchild usually needs to discuss the matter with their spouse and get their support before proceeding.
The other parent
A stepparent adoption is often only discussed when the other legal or biological parent of the child plays very little role in their life. If the other parent has already died, then no further actions are necessary. The same is true in situations where the state of Tennessee has terminated someone's parental rights.
Otherwise, even a parent who does not currently have visitation or who doesn't pay child support still has parental rights. The stepparent hoping to adopt would need to have the other parent of their stepchild sign paperwork terminating their parental rights before the adoption could move forward. Occasionally, it might be possible to involuntarily terminate their parental rights in court.
The stepchild
A child's wishes are certainly not the primary governing factor in major family law matters. However, if the child is old enough and sufficiently mature, the courts can take their wishes into consideration. If the child strongly opposes the adoption, that might sway a judge's final decision on the matter. So could a child's enthusiastic happiness about a prospective stepparent adoption.
A family law judge
A stepparent adoption is not complete without the approval of a family law judge. The legal adoption process takes quite some time, and it is not complete until a judge reviews the circumstances and signs off on paperwork finalizing the adoption.
There are often numerous emotionally intense conversations that need to occur before a family can complete a stepparent adoption in Tennessee. Understanding who needs to play a role in the adoption process may benefit those hoping to legally protect their relationship with a stepchild.]]>On Behalf of Law Office of Lisa Collins Wernerhttps://www.lisacollinswerner.com/?p=486432024-01-17T12:32:23Z2024-01-17T12:32:23ZYour partner asking you to sign a prenuptial (prenup) agreement can result in different emotions. While this is understandable, it’s crucial to be cautious about your next steps after this conversation.
Consider doing these:
Don't get upset
The person you hope to spend the rest of your life with asking you to sign a prenup isn't a romantic moment. But it may be unwise to get upset/offended. Instead, tell them you need time before responding.
Determine its benefits
Your partner likely has the relationship's best interest in mind when they raise the prenup matter. Although some people view a prenup as preparing for divorce, this agreement offers numerous benefits. For starters, it encourages financial conversations earlier. Further, it protects involved parties from each other's debt. And if a couple goes through a divorce, a prenup can help them avoid conflicts. Understanding the benefits of a prenup can help you make an informed decision.
Familiarize yourself with prenup terms and laws
In addition to learning the benefits of a prenup, you should understand commonly used terms and state laws. Know what can and cannot be included in a prenup. Learn about mistakes that can invalidate a prenup and so on.Doing this will help you and your spouse draft a fair and valid prenup.
Control your emotions
It's natural to be emotional when handling matters related to a prenup. But you need to set your emotions aside to view things objectively. It can help to approach drafting a prenup as a business transaction.
Talk to your partner
Once you have enough information, it's time to talk to your partner. Tell them if you are willing to sign it, and if you are, talk about your concerns. You and your partner can find common ground.If your spouse-to-be wants you to sign a prenup, consider legal help to protect your future. ]]>On Behalf of Law Office of Lisa Collins Wernerhttps://www.lisacollinswerner.com/?p=486382024-01-01T22:26:51Z2024-01-01T22:26:51ZJanuary has unofficially been referred to as Divorce Month for years now. If it’s your first time encountering this moniker, you may be wondering why that is the case. This trend can boil down to one idea: the holidays. When you think about it, people don’t want to get a divorce during the festive season.
This is especially true for couples who have children because they want their kids to have one last Christmas as a family before rolling out the divorce proceedings. Essentially, couples who started considering divorce way before the holidays stick it out through the festive season and file for divorce in January when the family pressures have subsided.
What causes the January surge?
January’s association with increased divorce filings is not a mere coincidence. There are reasons behind this phenomenon that range from the aftermath of holiday stress to newfound resolutions for change.The holiday season, often romanticized as a time of joy and togetherness, can magnify existing issues within a marriage. Financial strain, family expectations and the pressure to create idyllic memories can strain relationships, reaching a breaking point for some couples.
How to prepare for a January divorce
For individuals contemplating divorce, the process involves more than just legal paperwork. It’s a profound life change that requires careful consideration. For starters, divorce inevitably brings financial changes. Understanding the financial implications, from asset division to alimony considerations, is crucial for individuals embarking on this journey. Knowledge empowers, and being well-informed helps ensure a more equitable outcome.For couples with children, issues of custody and support become central. Crafting a detailed parenting plan and understanding child support calculations are crucial components. The aim is to prioritize the well-being of children while addressing the practicalities of co-parenting post-divorce.While January’s label as “Divorce Month” might seem sensational, the underlying reasons are grounded in real and complex dynamics. If you’re headed for a January divorce, acknowledging the challenges you may face and seeking proactive solutions, both legally and emotionally, can pave the way for a more amicable divorce process. ]]>On Behalf of Law Office of Lisa Collins Wernerhttps://www.lisacollinswerner.com/?p=486362023-12-21T02:18:48Z2023-12-21T02:18:48ZFocusing on the positives
Someone confronted with an unexpected conversation may need some time to recalibrate emotionally and mentally. They will have an easier time doing so if they do not feel attacked or acute. Basing the discussion on the perceived failing of a spouse could lead to an adversarial approach to the conversation that will benefit neither party.
The spouse suggesting the postnuptial agreement can instead keep the conversation focused on the positive. For example, every postnuptial agreement needs to contain terms that are beneficial for both spouses. The courts typically do not uphold agreements that benefit only one party, as such terms often seem unconscionable. The ability of each spouse to ask for certain concessions or protections can be an attractive feature. In fact, the act of discussing what to include in the agreement can be beneficial for the marriage overall. Some research indicates that those who negotiate marital agreements actually strengthen their relationships by addressing stressors and clarifying expectations.
Finally, many people do like the idea that if a divorce ever does occur, it would not result in a messy fight in family court if expectations are set in a post-nup. Most people can acknowledge that clear expectations could take a lot of the stress out of divorce proceedings. If divorce has come up as a possibility in recent months, a spouse might readily acknowledge the benefits of settling disputes now while the relationship is still somewhat amicable instead of battling it out in court later.
Keeping a conversation about this matter positive can help people bring up the often personal and sometimes emotional topic of postnuptial agreements with minimal conflict.]]>On Behalf of Law Office of Lisa Collins Wernerhttps://www.lisacollinswerner.com/?p=486342023-12-20T17:01:10Z2023-12-20T17:01:10ZDuring a divorce, you may encounter many challenges. One of these is asset division.
You may expect your spouse to be forthcoming with assets to ensure you receive your fair share of them. Unfortunately, this is not always the case. Some of the signs your spouse may be hiding assets are found here.
1. Sudden financial secrecy
One of the most glaring signs is a sudden change in your spouse's financial behavior. It could be a red flag if they have always been open about their finances but suddenly become secretive about bank accounts, investments or income sources.
2. Unexplained discrepancies in financial documents
Review financial statements, tax returns and other relevant documents with a fine-tooth comb. Look for discrepancies or inconsistencies, such as missing bank accounts, unusual withdrawals, or underreported income. These irregularities may indicate attempts to hide assets.
3. Asset transfers to third parties
Keep an eye on any significant transfers of assets to friends, family members or business associates. Your spouse may attempt to transfer assets out of your joint ownership to complicate the property division process.
4. Overseas or hidden bank accounts
Offshore accounts and hidden bank accounts can be common tools for asset concealment. Investigate any unusual overseas transactions or hidden bank accounts that your spouse may have established without your knowledge.
5. Inflated debt or expenses
Some spouses might exaggerate their debts or inflate their expenses to reduce the appearance of available assets for division. Scrutinize any claims of excessive debt or financial responsibilities that seem suspicious.If you suspect that your spouse is hiding assets during divorce proceedings, consult the professionals to help you uncover hidden assets. Gathering evidence and addressing these concerns through legal channels is essential to ensure a fair and equitable distribution of marital property. ]]>