Protecting Your Property Rights Through And Beyond Divorce
Virtually no one gets married with plans to end that marriage in divorce, but life takes unexpected twists and turns that can include marital discord and separation. You may have considered divorce a last resort, but it now seems inevitable. You are wise to consult with a lawyer as soon as it becomes likely. Planning for divorce and navigating through it are best done with the help of a skilled attorney on your side.
The Property Division Services We Provide
The core features of every divorce are the determination of whether your property is separate or marital, as only marital property is subject to division in divorce, and the division of marital property and liabilities, including:
- Real estate
- Household goods
- Financial accounts such as bank accounts, brokerage accounts and retirement accounts
- Stocks, bonds and future income obtained through exercise of stock options
- Commissions, deferred executive bonuses and other forms of income to be paid out in the future
- Business interests, including division of the value of a closely held business owned by either or both of you or stock held in a closely held corporation
- Mortgages, lines of credit, car loans and credit card debt
If you wonder whether an asset is part of your marital property, ask an attorney as it is essential in every divorce to protect and retain your separate property.
The Property That Is Subject To Division
Marital property will belong to one or the other of you when the final divorce decree is entered. But, separate property is not subject to division or distribution in a divorce. Therefore, it is of upmost importance to properly identify property as separate or marital. Debt will also be addressed in the divorce, and it is again critical to properly identify and assign it. Alimony may also apply along with the division of marital property.
I am family law attorney Jim Weatherly in Nashville. I am prepared to devote my knowledge and experience to helping you through this difficult legal challenge. If you need an order of protection (restraining order), I can help. I can advise you on asset protection, temporary child support orders and other time-sensitive issues that may be appropriate in your case.
My 40-plus years of experience practicing law in Tennessee have been a time for learning as well as working hard for my clients. Every case, judge, courtroom, opposing counsel and difficult situation has increased my readiness to guide you through this life-changing event. Depending on the particulars of your case, property division may be determined through settlement negotiations, divorce mediation or trial.
Divorce is an emotional process. Do not be surprised if emotions get in the way of attempts to achieve a reasonable, efficient division of property. This is not unusual. It will be my job if you choose me as your divorce lawyer to help you stay focused on the goals of equitable distribution of assets and protection of assets that mean the most to you and to minimize the disruptive effects of the emotion your spouse may bring to the process.