Middle Tennessee Family Law | Tiffany Johns Law Office

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When Wives Pay Alimony

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Alimony Demand by Movie Star’s Husband Reminds Couples of Need for Competent Nashville Divorce Attorney

Alimony issues might be avoided with a prenuptial agreement

A demand by the 42-year-old husband of actress Megan Fox for spousal support has drawn new attention to the issue of alimony around the country. Brian Austin Green made the support demand in the divorce proceeding seeking to end the couple’s five-year marriage. According to news reports, the couple did not sign a prenuptial agreement before they were married.

The purpose of alimony is to assist a spouse to maintain a standard of living after a divorce or legal separation that is equivalent to that which was enjoyed by the couple during the marriage. Tennessee law actually allows for four different types of alimony:

  • Periodic Alimony: It is also known as alimony in future, and it is usually awarded in cases involving a long-term marriage in which one of the parties worked outside of the home while the other assumed the role of homemaker. The payments continue for a long period of time because anticipation that the nonworking spouse might have difficulty reentering the workforce or might never be capable of doing so.
  • Rehabilitative Alimony: This type of alimony might be appropriate for an individual who, after going to school or receiving training, will be able to reenter the workforce and earn a sufficient income to be self-supporting.
  • Transitional Alimony: Transitional alimony is for a much shorter term than the others. It is reserved for situations in which one of the parties has the skills, education and experience to reenter the workforce, but he or she needs time to do so.
  • Alimony in Solido: This form of alimony is usually negotiated as part as means of balancing value of what each party receives in a negotiated division of marital property that is part of a divorce settlement agreement.

When deciding the appropriateness of an award of alimony, judges in Tennessee take several factors into consideration including:

  • The earning capacity and needs of each party
  • The education, skills and training of each party
  • The duration of the marriage
  • The physical and mental condition of each party
  • The age of the parties
  • The division of marital property in the divorce and the separate assets of the parties

Couples wanting to avoid many of the issues that arise in a divorce, including the payment of alimony, can do so by having a prenuptial agreement signed before they get married. A prenuptial agreement might have kept Megan Fox and Brian Austin Green out of the media spotlight.

A properly drafted and executed prenuptial agreement prior to the marriage ceremony or a post-nuptial agreement signed after the marriage must meet specific legal requirements to be valid. The attorney at Middle Tennessee Family Law, Tiffany Johns, advises clients on divorce and family law matters, including alimony and prenuptial and post-nuptial agreements. She can be reached to schedule a free initial consultation by calling her office at 615-771-6944 or by contacting her online.

LGBT Estate Planning

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Committed Nashville LGBT Estate Planning Attorney Serves Clients in Nashville and Throughout Middle Tennessee

We provide the peace of mind LGBT clients deserve

Planning for the future can be an enjoyable experience. Planning for the future after your death may not be. Despite the discomfort associated with planning for your death, it is important to take the time to consider your wishes for the future, and to ensure that they are known to your loved ones and the courts.

At Middle Tennessee Family Law, we provide the comprehensive and personalized estate planning guidance LGBT individuals and couples deserve. Our Nashville LGBT estate planning lawyer works closely with you to develop your estate planning goals and identify legal strategies to achieve them.

Addressing the unique challenges associated with Tennessee LGBT estate planning

Our Tennessee LGBT estate planning lawyer has the knowledge and skill needed to address a wide range of estate planning processes and options, including:

  • Wills: The creation of a will should be a priority for all married and unmarried adult couples. By creating a will, you make your wishes known on a wide range of issues, including the disposition of your assets, the guardian of your children and many other key matters. Creating a will offers you peace of mind in knowing that your wishes are understood. An effective will also limits the difficulty your loved ones must endure during the probate process following your loss.
  • Trusts: The creation of a trust is a complex, but effective way to distribute your assets as you see fit.
  • Guardianships: As a parent, ensuring that your child or children are cared for in any event is likely a priority. Identifying and appointing a legal guardian for minor children will provide your child with the care they deserve in the event of a tragedy. Appointing an unmarried LGBT partner as guardian of your child or children also eases the legal burdens they face in the event of the unforeseen.
  • Power of attorney: While Tennessee may now recognize LGBT marriage, the benefits LGBT couples are entitled to are still in flux. This makes the designation of a power of attorney very important for LGBT couples – without this legal designation in place, your spouse or partner may not be allowed to make important financial and healthcare decisions on your behalf. Appointing your partner as your power of attorney ensures that they are able to act in your best interests if you should ever become incapacitated.
  • Living wills: The creation of a living will may actually be one of the most important steps for LGBT couples to take, especially if you have yet to marry. By setting forth your wishes concerning life-saving medical treatment and end-of-life care, you ensure that your partner plays the role you want them to play in making key decisions. An effective living will should also take much of the guesswork and heartache out of making these difficult decisions.

Schedule a free consultation to discuss your unique concerns with our Nashville LGBT estate planning lawyer

Taking the time to plan for the future may save your loved ones from unnecessary financial and emotional challenges. At Middle Tennessee Family Law, we understand how important it is to protect your loved ones, and make every effort to help you execute the proper estate plan to do so. To schedule a free initial consultation with our Tennessee LGBT estate planning attorney, contact us online or call 615-771-6944 today.

Same-Sex Marriage Brings Same-Sex Divorce

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Know Where to Turn When Faced With Modern Divorce Challenges in Tennessee

Following the first LGBT divorce filed in Tennessee, more people look to hire experienced family law attorneys. A leader in her field, Nashville attorney Tiffany Johns aggressively advocates for same-sex divorcees by using a practical approach in cases often ruled by emotion.

Nashville, TN. — On Friday, July 10th, 2015, the Tennessee Attorney General’s office sent a brief to the Tennessee Court of Appeals stating that the divorce between Frederick Michael Borman and Larry Kevin Pyles-Borman will no longer be contested.  (http://www.local8now.com/home/headlines/Tennessee-attorney-general-drops-same-sex-divorce-case-313688521.html) With the topic of divorce resurfacing in the news, questions arise as Tennessee couples facing new challenges seek an experienced divorce attorney to turn to. Most people often wonder how long the divorce process will take, what costs will be incurred, and where to begin.

Tiffany Johns, a leading Nashville divorce attorney at Middle Tennessee Family Law, works as an aggressive litigator, passionately defending client’s rights and helping them achieve objectives.  Ms. Johns provides valuable resources and experience, while helping couples find the line between laws that are not black and white.

Attorney Johns has also developed experience handling significant assets and intellectual property, such as a songwriters catalog. Often, clients are concerned about other areas of divorce, including but not limited to, property division, high-asset divorce, child custody, alimony, and child support. With her experience, she is equipped to handle all aspects of even the most complex divorce.

Attorney Johns comes from a unique background, including nine years in the entertainment law arena in Manhattan, as well as working as a producer on the show Inside Edition. Her vast experience gives her a fresh perspective when presenting client’s cases in court and at the negotiation table. Attorney Johns has effectively represented clients in family law matters that involve prenuptial agreements, uncontested and contested divorces, parenting plan modifications, child support actions, child custody cases, alimony, fathers’ rights, and adoption. As the firm’s founder, Tiffany promotes aggressive yet affordable representation for her clients.

Well-known Nashville divorce attorney Tiffany Johns states, “When going through a divorce, couples are understandably apprehensive. Many people have unrealistic fears about possible outcomes and obstacles. I work in Middle Tennessee divorce courts daily and as an experienced lawyer, I am able to answer your questions and address your concerns.”

The established family and estate planning law practice invites Nashville- area clients seeking representation or assistance during divorce, marital property division, estate planning, or child custody to visit their website www.MiddleTennesseeFamilyLaw.com to learn more about the services provided.

Can Fathers Win Child Custody Battles in Tennessee?

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The typical child custody paradigm has dramatically shifted for fathers

A common misconception is that there is a strong preference in child custody being awarded to the mother. However, in the last few decades the dynamics of custody has changed dramatically. With women and men having more equal roles at work and in the home, the child custody battleground has changed significantly. More fathers are hiring Nashville father’s rights attorneys and aggressively seeking custody with great success.

This shift towards custody equality in Tennessee began in 1997 with the passage of a statute that stated that a parent’s gender should not impact a determination of primary custody to either parent. Tennessee Code Annotated 36-6-412 was a pivotal step in the right direction for father’s rights. While statistics show a clear preference for mothers as primary caretakers, there are particular circumstances that can explain the inflated numbers. Infants are often placed with mothers due to breastfeeding needs and availability of maternity leave. Fathers who are seeking primary custody should not let the statistics deter them from contacting an experienced Nashville father’s rights attorney. With a more even playing field between mothers and fathers, there is nothing that can stop you from winning primary residential custody.

When there is a request for child custody, the court looks at what is in the best interest of the child, the parent’s ability to support the child both financially and emotionally, and any concerning past history that would impact the child’s safety. The ultimate goal is to have the child in a stable environment where they can feel secure and grow. The requirements of an emotionally, financially, and safe home can be met effectively by either parent. This shift is a testament to how far we have come with gender equality and the understanding that both mothers and fathers can both be loving and supporting parents.

Even with this movement towards parental equality, there are still some tough obstacles and biases that fathers face when seeking custody. It is crucial that you are adequately prepared for a custody battle. Choose a Nashville father’s rights attorney that understands the special complexities that arise in child custody. If you are a father seeking custody, it is important that you discuss your case with an experienced Nashville father’s rights attorney. Attorney Tiffany Johns at Middle Tennessee Family Law offers aggressive and compassionate legal representation for fathers seeking custody of their children. To discuss your case, call our office at (615) 620-5846 or contact us online to schedule a free initial consultation.

Divorce Mistakes to Avoid

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Leading Nashville Divorce Attorney Outlines Divorce Mistakes to Avoid

Divorce can be costly. And, can become even more so  when spouses unnecessarily take actions that are short-sighted. There are a number of mistakes that people regularly make throughout a divorce. The most common, and possibly the most costly , mistake you can make in your divorce is to overlook assets your spouse has attempted to hide. You need a detail-oriented, experienced Nashville divorce attorney who understands how to uncover undisclosed assets. Millions of dollars are fraudulently kept from spouses every year during divorce. Some other common mistakes to avoid in divorce include:

  • Rushing through the process – This can lead to making a bad decision
  • Taking advice from others – Divorce advice from anyone other than your divorce attorney can lead you down the wrong path.
  • Blindly dividing assets – Prior to dividing property and assets, make a complete list of what you have, what you paid to acquire and its current fair market value.
  • Forgetting to pay taxes – Divorce can have tax implications that must be addressed
  • Underestimating expenses – Having a  clear picture of your current and future expenses is important to ensure your long term financial security.

Don’t make the same costly mistakes that so many other people make as they go through a divorce. Find a Nashville divorce attorney that puts you in the healthiest financial position possible as you dissolve your marriage. Think of your divorce strategy from a business perspective- the last thing you need to do is waste tens of thousands of dollars fighting over a few hundred dollars.

At Middle Tennessee Family Law, our experienced Nashville divorce attorney  utilized her more than 20 years of knowledge and experience to guide you through the dissolution of your marriage. Avoid making the same mistakes that so many others make during their divorce proceedings. Schedule a free initial consultation at our office, located in the Pilcher Building in historic downtown Nashville by calling  615-771-6944, or contact us online.