Divorce & Family Law FAQ
Answers from Our Nashville, TN Family Lawyer
If you are going through a family law issue, we know that you have questions.
Issues can be emotionally and legally complicated, which is why it is
important that you hire a skilled family lawyer when you need assistance.
Before contacting the Nick Shelton, Attorney at Law, read our answers to
a few frequently asked questions below. For personalized guidance, call
our Nashville lawyer at (615) 933-4220 to schedule a
free initial consultation.
What is the divorce process?
The first step in the
divorce process is the filing of the divorce complaint against your spouse. The
contents of the divorce petition are critical. Do you allege fault? Or
do you allege irreconcilable differences only? If fault, which statutory
ground for fault do you allege? And how much detail? Those are issues
best decided by an experienced attorney. Those are questions of strategy
that must be decided correctly for you to prevail.
The more diligent you are at the beginning of the divorce, the better your
result and the more your rights will be protected. Each divorce has unique
issues and characteristics and matters such as custody and significant
assets can complicate the process.
How do I protect my children during and after a divorce?
At any time during your divorce is filed, a parent may ask the Court for
exclusive possession of the marital residence. Doing so requires a motion,
court hearing and cause to remove the other spouse. Judges always prefer
stability for the children. Although the judge cannot stop issues such
as your ex-spouse moving across the country, the judge can allow the loss of
physical custody if your former partner is intent on moving.
Should I have a prenuptial or postnuptial agreement?
Many couples think pre and postnuptial agreements are not for them, however,
these documents can be important in worse case scenarios. In the case
of divorce, a prenuptial agreement simplifies and narrows the proceedings.
Filing same immediately with the Court directs the litigation to a final
divorce. Having an agreement in place can also simplify the process after
an unfortunate death of one of the partners.
How do I get child support?
Tennessee law requires a comparative income child support calculator in
child support. This means that there is a standard worksheet to be completed that identifies
the income of each parent and lists the number of days per week that each
parent has custody of the children. With this information, the judge can
analyze how to best balance the income between the two parties by assessing
the appropriate amount of child support payments from one parent to the other.
What is alimony and am I eligible?
Because spousal support is largely based on need, ability to pay, and fault,
a Nashville family lawyer can help craft an argument with those issues
in mind. Hiring an attorney with strong litigation skills and experience
allows you to know what to expect and how to achieve your alimony objectives.