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Most Common Reasons For Divorce in Tennessee

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Communication, or Lack of, Leads the Way in Causing Divorce, According To Experts

No matter the cause of the divorce, an aggressive and dedicated Nashville divorce lawyer can make a difference in the outcome

The reasons some marriages end in a divorce has been the subject of speculation for what as long as states have offered it as a means of terminating the bonds of matrimony. There is always a new list coming out claiming to be the definitive answer to the age old question: Why do people get divorced?

One recently published list of 10 of the most common things people cited in causing a marriage to come to an end included:

  • Saying “I do” when you knew better: If it does not seem like the right thing to do, go with your instincts.
  • Lack of intimacy: The passion and spark that might have been there during the courtship fades, and suddenly the couple drifts apart emotionally.
  • The miser and the spendthrift: As a general rule, couples who have differing views on finances need to come to a mutually satisfactory meeting of the minds before one or both of them decides to check out of the relationship.
  • Disagreements that keep on giving: Every married couple argues at some point in their relationship. The key to avoiding a divorce over those disagreements is by establishing guidelines to resolve minor conflicts before they can linger on and grow into major problems.
  • Lack of space: You probably have friends who are in relationships in which you never see one of the partners without the other. The appearance of being joined at the hip may not be a sign of compatibility. It could be a sign of a problem in the relationship. Couples need time away from each other to develop as individuals just as much as they need to develop in their relationship with each other.

Surprisingly, cheating on your spouse was not among the top 10 reasons for marital breakups as far as the experts were concerned.  The population of one Tennessee community might dispute that omission.

According to official state records, one county has a 90 percent divorce rate compared to the state average of 50 percent. A local resident who has been divorced four times attributed the high rate of divorce to the fact that the small population makes it easier to catch a cheating spouse.

There might be many reasons for ending a marriage, but one consistency is that you benefit from having the legal know-how and skills of an experienced Nashville family law and divorce lawyer representing you. Tiffany Johns of Middle Tennessee Family Law believes in assisting couples to avoid the pointless bickering and posturing that drive up the cost and emotional toll of a contested divorce, but she never loses sight of her goal of securing a settlement that is in the best interests of her client.

Acclaimed Nashville divorce attorney Tiffany Jons of Middle Tennessee Family Law offers a free and confidential initial consultation, so you can become fully informed about your legal rights and obligations. You may schedule and appointment at our Nashville office by calling 615-771-6944, or contact us through our website.

Divorce After Age 50

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Older Adults Facing Unexpected Issues as Divorce Rate Doubles for Those Over 50

Legal advice from an experienced Nashville divorce attorney is essential for making a smooth transition into your new life

At a time when most people are thinking seriously about retirement and living on the assets and income they have acquired along with their spouse, the divorce rate for people over 50 has skyrocketed. The divorce rate is even higher for those in their second marriage.

For those individuals confronting the end of a long-term marriage, plans that might have been decades in the making must be rethought. The two-income household that would carry you through retirement is about to become two households, and that reduction in income could mean having to postpone retirement plans.

Mature individuals whose marriages end in divorce are beset by challenges that are unique to people of their age. Someone in their twenties or thirties facing a divorce might not be confronted by concerns such as:

  • Recovering Financially: Individuals over 50 years of age must deal with the reality of having their assets split in a divorce and seeing their household income cut by half if not more. Being older could mean that earning potential has reached its maximum and the ability to build up what was lost in the divorce might be hampered. The higher tax rates paid by single taxpayers could also factor into the financial difficulties faced by those over 50.
  • Alimony or Spousal Support: Depending upon the relative earning ability of each of the parties to a divorce, one of them could be required to pay support to the other spouse. The addition of another expense could make post-divorce financial management difficult.
  • Housing Consequences: Unless there are young children still living at home, chances are, the home you and your spouse owned will either be sold or one of you will get it as part of the property settlement in the divorce. Either way, both you and your former spouse must now support a household on a single income.
  • Health Insurance: If you are covered under your spouse’s employer-provided medical insurance plan, a divorce adds the additional cost of health care to your already expanding list of post-divorce expenses.
  • Rethinking Obligations: You and your spouse might have been providing financial support for an aging parent, or the two of you might have been helping your own children as they start out in new careers or with new families of their own. A divorce could make it financially impossible for you to continue providing such assistance on your own.

The prospect of facing life on your own after a divorce can be daunting after 50 years of age. The emotional and financial toll of the breakup of your marriage can be difficult from which to recover. One way to lessen the impact of a divorce after age 50 is to get advice and counsel from a competent and compassionate family law professional.

At Middle Tennessee Family Law, Nashville divorce attorney Tiffany Johns puts her business and legal acumen to work for you, to lessen the effects of a divorce. She is passionate about securing a divorce settlement that allows her clients to afford to carry on the lives they desire after a divorce. To find out how we can help, schedule a free initial consultation to discuss your divorce issues and concerns. You can schedule an appointment by calling 615-771-6944, or send an email through our website.

How a Bad Marriage Affects Children in Divorce

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The Emotional Effects of a Bad Marriage on Children Should Not be Ignored When Parents Contemplate Divorce

Nashville family law attorney offers adults guidance through a divorce, but parents must take steps to prepare children

You probably already know that a divorce is an emotional roller coaster for a married couple. The parties generally prepare themselves by meeting with attorneys and gathering the financial information they will need once proceedings are begun. What is frequently missing from the preparations is an assessment of the impact the marital difficulties of the parents might be having on the children.

A psychiatrist has cautioned parents to take the time to observe any changes in the behavior of their children that might signal problems in coping with the conflict going on between mom and dad. Some of the telltale signs the doctor suggested parents watch out for include:

  • Becoming withdrawn and unusually quiet: Mommy and daddy might be the ones fighting, but children take it as a sign that they must have done something wrong to trigger such a reaction in their parents.
  • Loss of interest in playing or socializing: These could be signs of depression brought on as a reaction to the breakup of the family unit. Younger children may be even more affected by a divorce because they are unable to comprehend what happens once their parents are no longer together.
  • Having academic or disciplinary problems at school: Children manifest their feelings and emotions in ways that are different from those of adults. Loss of interest in school or acting out inappropriately may be signs of rebellion against what they perceive as happening to the relationship between their parents.

Helping your children through the pre-divorce conflicts going on in the home takes time and effort. Your focus might be on preparing yourself for the divorce, but preparing your children for the changes that a divorce introduces into their lives is equally as important.

Some of the steps you can take to neutralize some of the impact of a divorce on your children include:

  • Cooperate with your spouse to avoid conflicts in front of the children. When arguments do occur, you and your spouse must take time to explain to the children that when mommy and daddy disagree it is not because of anything the children said or did.
  • Explain divorce to the children without placing blame for the breakup. Reassure your children that you and your spouse will be there for them even if you are no longer living together. Let them know that your relationship with them will not change even if the family is not together as it had always been.
  • Keep the children out of the divorce. Custody, visitation and child support are fundamental issues in a divorce, but children should not be used as by trying to turn them against the other parent.
  • Be consistent with discipline. Regardless of your feelings toward your soon-to-be former spouse, it is important for the two of you to be on the same page when it comes to discipline.

Nashville divorce attorney Tiffany Johns of Middle Tennessee Family Law is a skilled and knowledgeable family law and divorce attorney who puts her experience to work on behalf of clients contemplating a divorce. Her compassionate, client-focused representation takes into consideration the emotional stress that can accompany the breakup of a marriage. Contact us today to schedule a free initial consultation by calling 615-771-6944. You can also reach us by email through our website.

Gender & Divorce

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Women Appear Quicker to Pull Trigger to End a Marriage, but Both Spouses Need To be Prepared When it Happens

A study showing that gender plays a role in divorce highlights the need for legal guidance from a savvy Nashville family law and divorce attorney

Statistics gathered on behalf of the Bureau of Labor Statistics of the U.S. Department of Labor shows that 85 percent of baby boomers married by 46 years of age, and 30 percent of them took the plunge more than once. Gender differences seemed to play a role in getting married, with women being more likely than men to marry. However, women also took the lead in getting divorced, and remarrying.

The role played by gender in divorce was the subject of a new study. Sociologists released data recently to support their conclusion that women are more likely to be the ones recognizing problems in a relationship and initiating divorce proceedings. The researchers found that women were twice as likely as men to want out of a relationship through divorce.

The gender difference does not appear to play as much of a role when couples in a relationship, but not married, decide to go their separate ways. The data appears to point to equality between the sexes when a couple has not formalized the relationship through marriage.

While the experts speculate, and it is just speculation at this stage, on the role gender plays in the decision to file for a divorce, couples should take steps to prepare and protect themselves for when that day comes. Regardless of your gender, there are some steps you can take in anticipation of a divorce:

  • Consult with an Attorney: A consultation with a family law attorney is one of the first things you should do if you are thinking about ending your marriage. The legal advice and guidance of a lawyer could help you to avoid potentially costly mistakes, so it is best to avoid reaching agreements with your spouse about divorce issues until after speaking with an attorney.
  • Gather Financial Information: Income tax returns, bank statements, retirement account statements and other financial documents should be copied. Your attorney will be in a better position to advise and represent you if he or she has as much information about your finances as a married couple as you can possibly provide.
  • Prenuptial and Postnuptial Agreements: Although these take place before your marriage or early in the marriage, if you have assets you are bringing into the marriage and want them to remain separate property, a prenuptial or postnuptial agreement can help. A strategically negotiated and prepared agreement can avoid conflicts in the event of a divorce.

When you need legal advice about divorce or other family law issues, trust Nashville divorce attorney Tiffany Johns of Middle Tennessee Family Law to bring skilled and compassionate advocacy, combined with a businesslike approach to every case. Our innovative and knowledgeable advice and guidance anticipates divorce issues and creates solutions before they become problems. Call 615-771-6944 today for a free initial consultation, or you can send us an email through our website.

Ashley Madison Poses Danger For Cheating Spouses

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Popularity of Ashley Madison Website Poses Danger for Cheating Party in Divorce

Tennessee divorce laws may punish cheaters seeking alimony

Times have changed from the days when the only way to get a divorce was to prove that your spouse was at fault in causing the marriage to fall apart. Today, most states have made it easier to terminate a marriage by eliminating fault in favor of so-called “no-fault” grounds for divorce.

A Nashville couple may now go to court and obtain a divorce without having to prove that one of them was at fault. Although fault grounds continue to exist, the two no-fault grounds for divorce in Tennessee are:

  • Irreconcilable Differences: Essentially, the parties agree that they can no longer get along and are unable to resolve the issues existing between them.
  • Legal Separation: Either spouse may file for divorce based upon having lived separate and apart under a legal separation for at least two consecutive years. The couple cannot have any minor children, and they must not have cohabitated with each other during the two years.

But, don’t think that fault grounds for divorce are a thing of the past. Adultery remains as one of the fault grounds upon which a judge may grant a divorce in Tennessee. Thinking that the reason a divorce is granted does not make a difference to how the financial and economic issues are resolved would be a mistake.

The popularity of websites such as Ashley Madison with almost 20 million subscribers might give the impression that cheating on your spouse is not a big deal in today’s world of no-fault divorces. The truth is that cheating on your spouse could be a factor in a court deciding to award alimony.

Adultery is a factor courts are authorized to consider when deciding whether to award alimony. Under the law, judges in Nashville may consider several factors including:

  • The earning potential and separate assets of each spouse
  • The age, physical condition and mental health of each spouse
  • The education and job skills of each spouse
  • The standard of living of the couple during the marriage
  • The degree to which each spouse contributed to causing the divorce

It is clear that courts may take into consideration the conduct of a cheating spouse, particularly in cases where the ground relied on for the divorce is adultery. What is not as clear is the extent to which adultery affects the decision to order the payment of alimony.

If the adulterous spouse is the one requesting alimony, courts in the state have ruled that the party’s conduct may be taken into account and used to justify a reduction in the amount of support he or she would otherwise receive. When the paying spouse is the one spending too much time on the Ashley Madison website, courts have made it clear that alimony may not be used to punish the cheating spouse. In other words, judges cannot increase the amount of alimony beyond the needs of the receiving spouse merely to punish the cheater.

Tiffany Johns is the Nashville divorce attorney at Middle Tennessee Family Law, and is your best resource for experienced and knowledgeable legal advice and guidance in a divorce. We provide aggressive representation when you need it most. Call us today at 615-771-6944 to schedule a free initial consultation, or email us through our website. Evening hours and weekend appointments are always available.