Memphis, Tennessee Divorce Lawyer
The complex factors at play in divorce — the money, the children, the emotions and major life changes — make it easy to lose sight of reason. Misty D. Becker is a skilled attorney who will guide you through this difficult process to a fair and practical agreement.
Confidential Consultation at 901.881.8716
Becker Law Offices is located in Memphis, Tennessee. We represent both men and women throughout the Memphis area and across Shelby, Fayette and Tipton counties. Misty Becker has handled every type of dissolution, from low-asset uncontested divorces to multimillion-dollar marital estates with complicated issues of property division. She has favorably resolved messy custody disputes through negotiated agreements or courtroom advocacy.
Fault vs. No-Fault Divorce: What You Need to Know
Tennessee recognizes two types of divorce:
A fault-based divorce, or where the parties cannot agree on any particular issues is a contested divorce. It requires one party to prove grounds for dissolving the marriage. But depending upon your issues, grounds usually have little impact on the outcome other than to provide for means of the divorce and slightly skew the property settlement. Most divorces in Tennessee begin with an "equitable distribution" of assets. (There are a number factors that can skew property division. For example, adultry can skew the settlement, especially if one party spent significant marital assets on a paramour.) However, the vast majority of contested divorces are founded on "inappropriate marital conduct."
A contested divorce does not necessarily mean the case is going to trial or that the parties are fighting and going to trial. A contested divorce means that there is at least one issue the parties cannot agree on that must be either negotiated, mediated, or tried by the Court. Ms. Becker works to resolve as many issues out of court as possible, and litigate only when necessary to protect your interests and assets. Fault-based divorces may take as little as six months or more, depending on the court and the contested issues. However, if the divorce is settled it is usually settled on no-fault grounds or "irreconcilable differences."
In a no-fault divorce, or uncontested divorce, neither party has to show grounds. Uncontested divorces are often misunderstood. One thing is universal - You and your spouse must agree on every single aspect of the Marital Dissolution Agreement (MDA) and the custody and parenting arrangements in the Permanent Parenting Plan (PPP), so there is nothing left for the judge or court to decide. Although it is not always required, You should have your own lawyer for a no-fault divorce to ensure that your interests are protected and there are no errors in the paperwork. An attorney can only represent one (1) client. That means one of you is not represented. Once the MDA and PPP is stamped by the court, there's no revisiting the MDA, or PPP, without a "substantial change in circumstances," or a great hardship and cost to you. Even then, you are not guaranteed it can be fixed.
Please note all divorces have a "cooling off" period. You cannot be divorced in less than 60 days after filing and serving the complaint (or 90 days if children are involved). This is not the time it takes you to get the divorce necessarily, only your inability to be divorced and finalize the divorce if all things are settled prior to filing.
Dividing Marital Assets
A court will split your property equitably, not necessarily equally or what is to your best interest. So, it's better to negotiate a split that makes sense for you. Misty D. Becker looks at your portfolio of assets to help find a creative and workable agreement:
- Equity in the marital home and automobiles
- Retirement funds (pension, IRA, 401(k), stocks, bank accounts)
- Gun collections and other valuables
- Closely held businesses
- Credit card balances and other debts
Again, usually property is divided equitably, which is not always equally. The Court will look at both parties earnings, and whether assets are jointly owned "marital" property versus separately owned to split the property. The Court will take into other considerations for dermining child support. However, if a party is to receive alimony, that is determined with equitable distribution of assets.
Ms. Becker is efficient and effective in negotiating, and strong advocate in the courtroom, with considerable experience in high-asset divorces. She works to maintain the fragile peace to keep your divorce on track and avoid unnecessary litigation, while always protecting your best interests.
In determining child support, the Court will consider the income of both parties, childcare/afterschool care, health insurance costs and overnight stays with each parent to determine child support, along with a few other factors or issues.
Whereas for alimony, the Court considers the party's ability to pay the support and the mire disadvantaged spouse's "need" for the support. The Court may look at marital distribution of assets, support (child), and income of the parties, in additional to ability to work, or habituate (jobs) or disability status and fault. Ms. Becker will help you sort through what is relevant and what is not.
Contact our Memphis, Tennessee divorce lawyer today to arrange a confidential consultation about divorce.
