div lawyer reccommendations knox area

[laktrash]

I also have "been there done that" My wife went to see one of the "best in town" He told her he couldn't help her because I had talked to him over a year before. Which might be a good tactic if you're in a small town is get a consultation with the better lawyers. my understanding is that if you talk with them first she can't use them. I feel for you . I got the house so that meant she tried to take up the carpet , llightswitch covers , curtain rods, tried to jerk medicine cabinet off the wall. Think I wasn't glad to see her go.

[dats82]

As I read through this thread, this was my first thought.

Good luck to you sir.

Edited December 14, 2010 by dats82

[Dolomite_supafly]

I have tried to PM you with the lawyer recommendation, your box is full.

Please PM me so I can send it to you.

Dolomite

[Guest 1817ak47]

I have tried to PM you with the lawyer recommendation, your box is full.

Please PM me so I can send it to you.

Dolomite

corrected

[Chief07]

Damn, Hope it works out. My brother lost the house and 1/2 of savings. She got to a lawyer and filed first.

Get the paperwork filed fast and first.!

[Guest malbolja]

I'm not going to drop a C-bomb here, but you get the idea.

What a harpy. I hope her ex was banging a 20 year old cocktail waitress while she was ruining a perfectly good camping trip.

[VERO1]

Wrong thread maybe????????

[Guest Jamie]

Wrong thread maybe????????

I certainly hope so...

[Guest Letereat!]

Glad im not the only one confused by that post.

[RobertNashville]

I sent my recommendation by PM. As I noted above, I don't have personal experience with the attorney but I trust my friend and if she is happy with her I'd say she is probably doing a pretty good job. In any case, I hope things work out for you...I went through a divorce (long time ago) and it was NOT a fun time of my life.

[ftncityfatboy]

depends on what you had when you got married. as I understand it, what was yours going into the marriage is yours exiting the marriage. as for money invested into the house, consult your local attorney. as for savings/bonds, etc......those might possibly remain yours IF obtained prior to saying "I do".

IANAL by any chance and all I have to offer is what friends/family members have gone thru. YMMV

[Guest 85rx-7gsl-se]

^The thing with stuff you own going into the marriage is that unless it stayed in its original form and didnt appreciate at all ie; cash in a locked box then you could face claims of transmutation and you would be forced to try and trace your assets back to before the marriage. Thats why a good lawyer is a must.

[ftncityfatboy]

^The thing with stuff you own going into the marriage is that unless it stayed in its original form and didnt appreciate at all ie; cash in a locked box then you could face claims of transmutation and you would be forced to try and trace your assets back to before the marriage. Thats why a good lawyer is a must.

that's why you shouldn't listen to my advice!!!! Since I've been married for 32 yrs I have not clues as to what the divorce laws are! Thanks for the clarity, I will keep that in mind.

[Guest 85rx-7gsl-se]

Here is some good reading material:

36-4-121. Distribution of marital property. -

(a) (1) In all actions for divorce or legal separation, the court having jurisdiction thereof may, upon request of either party, and prior to any determination as to whether it is appropriate to order the support and maintenance of one (1) party by the other, equitably divide, distribute or assign the marital property between the parties without regard to marital fault in proportions as the court deems just.

(2) In all actions for legal separation, the court, in its discretion, may equitably divide, distribute, or assign the marital property in whole or in part, or reserve the division or assignment of marital property until a later time. If the court makes a final distribution of marital property at the time of the decree of legal separation, any after-acquired property is separate property.

(3) To this end, the court shall be empowered to effectuate its decree by divesting and reinvesting title to such property and, where deemed necessary, to order a sale of such property and to order the proceeds divided between the parties.

(A) Any auction sale of property ordered pursuant to this section shall be conducted in accordance with the provisions of title 35, chapter 5.

( The court may order the provisions of title 35, chapter 5, to apply to any sale ordered by the court pursuant to this section.

© The court, in its discretion, may impose any additional conditions or procedures upon the sale of property in divorce cases as are reasonably designed to ensure that such property is sold for its fair market value.

( For purposes of this chapter:

(1) (A) “Marital property” means all real and personal property, both tangible and intangible, acquired by either or both spouses during the course of the marriage up to the date of the final divorce hearing and owned by either or both spouses as of the date of filing of a complaint for divorce, except in the case of fraudulent conveyance in anticipation of filing, and including any property to which a right was acquired up to the date of the final divorce hearing, and valued as of a date as near as reasonably possible to the final divorce hearing date. In the case of a complaint for legal separation, the court may make a final disposition of the marital property either at the time of entering an order of legal separation or at the time of entering a final divorce decree, if any. If the marital property is divided as part of the order of legal separation, any property acquired by a spouse thereafter is deemed separate property of that spouse. All marital property shall be valued as of a date as near as possible to the date of entry of the order finally dividing the marital property.

( “Marital property” includes income from, and any increase in value during the marriage of, property determined to be separate property in accordance with subdivision ((2) if each party substantially contributed to its preservation and appreciation, and the value of vested and unvested pension, vested and unvested stock option rights, retirement or other fringe benefit rights relating to employment that accrued during the period of the marriage.

© “Marital property” includes recovery in personal injury, workers' compensation, social security disability actions, and other similar actions for the following: wages lost during the marriage, reimbursement for medical bills incurred and paid with marital property, and property damage to marital property.

(D) As used in this subsection (, “substantial contribution” may include, but not be limited to, the direct or indirect contribution of a spouse as homemaker, wage earner, parent or family financial manager, together with such other factors as the court having jurisdiction thereof may determine.

(E) Property shall be considered marital property as defined by this subsection ( for the sole purpose of dividing assets upon divorce or legal separation and for no other purpose; and assets distributed as marital property will not be considered as income for child support or alimony purposes, except to the extent the asset will create additional income after the division.

(2) “Separate property” means:

(A) All real and personal property owned by a spouse before marriage, including, but not limited to, assets held in individual retirement accounts (IRAs) as that term is defined in the Internal Revenue Code of 1986, compiled in 26 U.S.C., as amended;

( Property acquired in exchange for property acquired before the marriage;

© Income from and appreciation of property owned by a spouse before marriage except when characterized as marital property under subdivision ((1);

(D) Property acquired by a spouse at any time by gift, bequest, devise or descent;

(E) Pain and suffering awards, victim of crime compensation awards, future medical expenses, and future lost wages; and

(F) Property acquired by a spouse after an order of legal separation where the court has made a final disposition of property.

© In making equitable division of marital property, the court shall consider all relevant factors including:

(1) The duration of the marriage;

(2) The age, physical and mental health, vocational skills, employability, earning capacity, estate,

financial liabilities and financial needs of each of the parties;

(3) The tangible or intangible contribution by one (1) party to the education, training or increased earning power of the other party;

(4) The relative ability of each party for future acquisitions of capital assets and income;

(5) The contribution of each party to the acquisition, preservation, appreciation, depreciation or dissipation of the marital or separate property, including the contribution of a party to the marriage as homemaker, wage earner or parent, with the contribution of a party as homemaker or wage earner to be given the same weight if each party has fulfilled its role;

(6) The value of the separate property of each party;

(7) The estate of each party at the time of the marriage;

(8) The economic circumstances of each party at the time the division of property is to become effective;

(9) The tax consequences to each party, costs associated with the reasonably foreseeable sale of the asset, and other reasonably foreseeable expenses associated with the asset;

(10) The amount of social security benefits available to each spouse; and

(11) Such other factors as are necessary to consider the equities between the parties.

(d) The court may award the family home and household effects, or the right to live therein and use the household effects for a reasonable period, to either party, but shall give special consideration to a spouse having physical custody of a child or children of the marriage.

(e) (1) The court may impose a lien upon the marital real property assigned to a party, or upon such party's separate real property, or both, as security for the payment of child support.

(2) The court may impose a lien upon the marital real property assigned to a party as security for the payment of spouse support or payment pursuant to property division.

(f) (1) If, in making equitable distribution of marital property, the court determines that the distribution of an interest in a business, corporation or profession would be contrary to law, the court may make a distributive award of money or other property in order to achieve equity between the parties. The court, in its discretion, may also make a distributive award of money or other property to supplement, facilitate or effectuate a distribution of marital property.

(2) The court may provide that any distributive award payable over a period of time be secured by a lien on specific property.

(g) (1) Nothing in this section shall be construed to prevent the affirmation, ratification and incorporation in a decree of an agreement between the parties regarding the division of property.

(2) Nothing in this section shall affect validity of an antenuptial agreement that is enforceable under § 36-3-501.

Edited December 15, 2010 by 85rx-7gsl-se

[ftncityfatboy]

Yeah, guess I was pretty lucky on mine also.

I was a rarity, got paid on my second divorce, that's how badly she wanted out!!

Actually, we still have a good relationship, even contracted to her company for a few years and we still get together a few times a year for dinner and etc..

- OS

Etc.? Thanks for the image there, Mac. Anyone know where I can pick up a bottle of mind bleach on the cheap? ::shiver::

And to the OP, watch your step. A common tactic in the 4th Circuit is for the woman to file for an Order of Protection in Judge Swann's court. Since you are a gun owner, it WILL be granted, and you will essentially be stripped of both your 2nd and 4th Amendment rights pending a hearing. Bear in mind that the hearing in front of Judge Swann is NOT a criminal trial, so there is no burden of proof for your wife, and you can (and historically most likely will) lose your right to possess a firearm for one full year and be asked to surrender any that you own on the spot without having ever done anything wrong. Typically, once the temporary order is granted, your wife's attorney will let you sweat it out until the date of your hearing, and then offer to make it all go away so long as you're willing to acquiesce to her demands. I would tread lightly and keep things with your wife as amicable as possible, if I were you...

Ditto to Seaslug! Somehow Mac getting "etc" just makes one shake his head AND it sounds like you might know a thing or two about this?

None the less, my sincere heart felt sorry's go out to all who've had to endure the divorce thing.

[Oh Shoot]

...Ditto to Seaslug! Somehow Mac getting "etc" just makes one shake his head AND it sounds like you might know a thing or two about this? ...

Gentlemen, gentlemen (using the term extremely loosely)...only here would folks take a simple "etc" to mean hiding the salami, sigh.

- OS

[bubbadavis]

I'm not going to drop a C-bomb here, but you get the idea.

What a harpy. I hope her ex was banging a 20 year old cocktail waitress while she was ruining a perfectly good camping trip.

I think this should have been in the current thread on Sarah Palin's Alaska and the (aborted) camping trip involving Kate + 8.

Edited December 15, 2010 by bubbadavis
can't type well

[Guest malbolja]

Wrong thread maybe????????

Hmph. How'd that end up in here? I never even opened this thread.

[Guest Ae-35]

Go to Walgreen's, get a big tube of KY jelly, drop your pants and apply generously, you'll need it at the lawyers office and then re-apply before court !!!!! SORRY !!! I know ,the truth hurts !!!

[R1100R]

"You never truly know a woman until you meet her in court" is what my attorney told me years ago. Make sure you don't go bargin attorney hunting if you have a lot of issues to be resolved.

[3gundave]

I went the divorce route in 2004. The kids were grown and the house was paid for so there were no issues there. We went for the agreed divorce. She kept the house,which is on the Historic Register and I kept 2 pensions intact. Everything else was an equitible split. I was very lucky. 2 years after it was final she had to take a huge second mortgage to replace and restore the tile roof and the HVAC system. Agreed divorces are a ton less expensive than contested ones. My lawyer charged $400 and her lawyer was $450. I hope you can do it this way.

[RobertNashville]

I went the divorce route in 2004. The kids were grown and the house was paid for so there were no issues there. We went for the agreed divorce. She kept the house,which is on the Historic Register and I kept 2 pensions intact. Everything else was an equitible split. I was very lucky. 2 years after it was final she had to take a huge second mortgage to replace and restore the tile roof and the HVAC system. Agreed divorces are a ton less expensive than contested ones. My lawyer charged $400 and her lawyer was $450. I hope you can do it this way.

If both parties can agree, life it a LOT better. I think most people, even if they are both eager to get out of a bad marriage still have the emotional stuff to deal with but when there are financial issues and children, etc. it can take a lot out of you. Unfortunately, many people simply can't agree on a fair split on their own.

The really sad thing is that at the end of the day, I'd say that both sides lose when they end up in divorce court and often times, the one who wouldn't agree voluntarily to a fair split often doesn't get anything better through suing than if they had settled (it just makes lawyers money!).

[RobertNashville]

"You never truly know a woman until you meet her in court" is what my attorney told me years ago. Make sure you don't go bargin attorney hunting if you have a lot of issues to be resolved.

\Amen to that...I would have never guess how truly evil and vindictive my ex-wife could be until we divorced...she actually had the gull to sue me based on my future earnings at a time when she was earning 30% more than I was and I wasn't even half-way through my undergrad work (going to school full-time at night). She tried to convince the judge that she was supporting my schooling (apparently completely forgetting that my VA benefits were paying the bill for my degrees).

I can still get angry when I think of all that s**t and that happened over 20 years ago.

[Guest 1817ak47]

ok it has been filed, met with att wed, paid him thurs and today I was called saying it has been filed. she is in wi, and since we rode together on the trip, she didn't have a car. so guess what she did over there after she left her job and quite school. she bought a low mileage 2009 car that she tried to put on our insurance policy:screwy:. my agent called me a couple of days later as he remembered me telling him about this and what I could and couldn't change on my insurance and that she called to add this vehicle and he knew something didn't add up. she is unable to insure it on our policy cause it is not a tn titled car, so she will have to buy another policy:rofl: she will be broke before she know it.

Edited December 17, 2010 by 1817ak47
cold hands cause typos

[Guest Jamie]

I love it when a plan comes together. <--- Closest we got to a Hannibal Smith smilie.