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Oklahoma Discovery Process

Oklahoma Discovery Process

Written by Joseph E. Cordell on . Posted in Divorce.

What is the Discovery Process in Oklahoma?

Under 2023 Oklahoma Statutes, Title 12. Civil Procedure, §12-3226, the discovery process allows both parties in a divorce to pursue information from the other. Each party has the right to obtain information concerning any matter related to the claim. Under the law, the other party is required to provide the requested information. This information can then be used to prepare for a hearing, trial or negotiation in the divorce process.

The discovery process is critical, as it allows each spouse to gather accurate and comprehensive information relating to the other. It can be applied in most divorce cases and in protective orders, paternity, and guardianship decisions. Without the discovery process, a person would enter a courtroom without valuable information that could impact their decisions, desires, or rights.

Types of Discovery in Oklahoma Divorce

In the discovery process there are several methods available to exchange information. Your divorce attorney will help you determine which divorce discovery method will serve your needs and most benefit your situation. The following are some of the most common discovery requests you may encounter in family law cases.

  • Interrogations: In this method, one party submits written questions to the other party. All questions must be answered and written down. This includes requests to produce documents or specific evidence related to your case.
  • Depositions: A deposition is a type of testimony. A person must provide answers to questions or share information under oath. This is recorded in a meeting, typically outside of the courtroom.
  • Request for admissions: A request for admission is a request from one party to the other to admit that certain, specific facts are accurate.
  • Request for production: A request for production of documents is a request from one party to the next to provide specific records related to the divorce, such as bank statements, which may then be used in divorce proceedings for property division or alimony.

One of the more common methods used in discovery is interrogatories—that can be performed in both oral and written form. Your family law attorney will help prepare you for the discovery phase by reviewing interrogatories.

Requests for additional information or questions related to discovery may also be asked. But before you answer them, confirm with your attorney that you are legally required to do so. Then, with the assistance of your family law attorney, properly respond, in order to minimize any negative impact or fallout on your case.

What Are Interrogatories?

Interrogatories are a list of questions used to gather important information needed for divorce preparation. Often, a standard form of interrogatory will dissolve a marriage while clearing up any confusion for both parties involved. Standard interrogatories will pose a range of questions based on:

  • Finances
  • Residences
  • Employment
  • Marital relationship questions

Before entering into a situation where you could be asked to answer these questions, it is always advisable to work with a law firm for legal advice on your responses and their delivery.

What Are Interrogatories Used for in Divorce in Oklahoma?

This requested information helps with decisions concerning the ending of the marriage. For example, the financial information you share can help determine whether you should be required to pay spousal support. It also helps to formulate decisions in regard to child support or property division.

It is common for both parties to use these discovery tools to gather evidence and information detailing:

  • Marital Property
  • Assets
  • Debts
  • Income
  • Liabilities

and other factors that could influence the decisions made during the divorce.

In some situations, you may be asked non-standard questions. These questions cannot be used to harass the other party, and if determined that they are, your attorney should be notified immediately. It is possible to file an objection to any of the questions you are asked, if you feel they are irrelevant or harassing.

Remember that you must answer all these questions truthfully under the penalty of perjury.

What Types of Questions Are Typically Included in Divorce Interrogatories?

Many times, divorcing spouses believe they know everything about the other person. Yet, there may be hidden details, or you may not be completely aware to the full extent of the answers. The questions asked are meant to disclose the unknown. You can expect questions like the following to be a component of the discovery process:

  • What your full name, address, and date of birth are
  • What are all places of employment in the last three years
  • What is your position, job title, or business ownership status
  • What is your current gross and net income during each pay period
  • Do you own any real estate assets? If so, what did you pay for it, and what is the current market value?
  • Are you a part of any corporation, association, or partnership, or have you been in the last three years?

The questions will extend beyond this list and are likely to include inquiries into your business ownership, finances, debts, or any aspect related to your division of assets in the divorce.

What Questions Can You Not Ask in a Divorce Interrogatories?

The only questions allowed are related to the facts related to the marriage or divorce. For example, you cannot ask the other spouse anything regarding their emotional state or inquire on matters of suspected infidelity during the marriage.

Can You Refuse to Answer Interrogatories?

If you do not want to answer any questions, start by conferring with your divorce attorney about the reason. No matter how much you wish to keep specific information private, it is often detrimental to your situation—since punitive measures can be taken in most cases.

If it is a subject like tax returns or personal property, your attorney will discuss potential ways to supply that information to the opposing party. However, there are situations in which you are not compelled to share information, including information not directly related to the case.

Note that both parties should complete the discovery clearly and thoroughly. If a party does not supply the requested information, a judge may compel them to do so. If the party fails to do so at that point, the court may order sanctions on that individual. Sanctions are a type of punishment that can impose significant hurdles in your case. That may include restricting your ability to present evidence in the case. In some situations, which could mean that the judge prevents use of documents to support your claims, and, additionally, the judge may not allow your testimony to be heard.

Why Work With Cordell & Cordell’s Oklahoma Divorce Lawyers

Regarding life decisions and family law issues, you need an attorney you can count on to represent you. With over 30 years of experience, Cordell & Cordell has helped thousands seek favorable outcomes in divorce and custody cases. You can trust our team to provide comprehensive information and resources around your case.

who claims child on taxes with 50-50 custody

Who Claims Child on Taxes with 50/50 Custody

Written by Joseph E. Cordell on . Posted in Child Custody.

What Are the Common Tax Benefits Available to Divorced Parents?

The two main types of tax benefits available to taxpayers are tax deductions and tax credits. A tax deduction reduces your amount of taxable income. Suppose your total income for the tax year is $75,000, and you can claim $10,000 in deductions. Your total taxable income would be $60,000. (65,000?)

A tax exemption is similar to a deduction. Before 2018, parents could claim a dependency exemption for their children. This is no longer available, at least through the year 2025.

A tax credit reduces the amount of your final tax bill. Suppose you have $60,000 in taxable income. Your tax bill for 2025 would be about $5,200. If you could claim $5,000 in tax credits, your tax bill would only be $200.

The following benefits are often available to divorced parents claiming dependents for tax purposes:

  • Head of household status: This is an alternative to filing a tax return as a single person. It provides better tax rates and a higher standard deduction. Taxpayers who care for a qualifying child may claim this status.
  • Child tax credit: This is a partially refundable tax credit, which means that if the amount of the credit is greater than your tax bill, the IRS will pay you the difference with your tax refund.
  • Child and dependent care credit: This is a nonrefundable credit for taxpayers who care for a qualifying child.
    Earned income tax credit (EITC): This is a refundable credit for low-to moderate-income individuals, especially those with qualifying children.

Who Gets to Claim a Child on Taxes With Joint Custody?

In a joint custody arrangement, the IRS typically allows the custodial parent, meaning the one who has physical custody of the child for more than half of the year, to claim child-related tax benefits. The IRS tiebreaker rule applies when parents have 50/50 equal custody.

Defining Custodial Parent

IRS regulations do not recognize the concept of “dual-custodial parents.” The IRS defines the “custodial parent” as the one who has 183 or more overnights with the child in a year.

What Are the Rules for Claiming a Child on Taxes With Shared Custody?

The IRS has established specific rules to determine which parent with shared custody may claim the child as a dependent.

Understanding IRS Tiebreaker Rules

The IRS tiebreaker rule applies when a child qualifies as a dependent for more than one taxpayer.

  • If one parent has physical custody for more than half the year—at least 183 overnights—that parent can claim the child.
  • If both parents have equal custody—182.5 days each—the parent with the higher adjusted gross income (AGI) can claim the child.

This rule ensures that only one taxpayer can benefit from claiming the child for tax purposes.

Can a Noncustodial Parent Claim a Child on Their Taxes?

The noncustodial parent may claim the child for tax purposes with the custodial parent’s consent. The custodial parent can give consent by signing IRS Form 8332. The noncustodial parent submits the form with their tax return.

What Happens if Both Parents Claim a Child on Their Tax Returns?

The IRS allows one claim per child for each tax year. If two parents file their tax returns independently and claim the same dependent, the IRS will reject one or both returns.

The rejection occurs automatically for electronic filings. For paper returns, the IRS sends a formal notice stating that the return has been flagged.

Can Parents Mutually Agree Who Can Claim a Child on Tax Returns?

Parents can agree on which parent claims a child on their tax returns. IRS guidelines generally favor the custodial parent, but parents with shared custody can establish arrangements like:

  • Alternate years for claiming the child or children; or
  • Each parent claims different children.

What Happens if There is a Disagreement?

Clear communication and written agreements are essential in avoiding disputes over claiming a child on taxes. Parents should seek legal advice and work with the IRS to resolve any disagreements. An experienced family law attorney can offer valuable advice and help set clear guidelines in the custody arrangement—regarding which parent is eligible to claim the child on their taxes. On the other hand, a negotiation can also be reached if both parents can discuss and agree upon who will claim the child on taxes. An attorney can play a vital role in such cases. They can facilitate productive discussions, determine that any agreement reached is legally sound and in the child’s best interest, while also formally documenting the agreement to prevent future misunderstandings.

Why Work With Cordell & Cordell

Cordell & Cordell has years of experience providing legal advice and guidance to individuals and parents dealing with divorce and other family law disputes. The law firm offers educational and online resources relating to parents’ legal and financial rights.

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What is spousal support

What is Spousal Support?

Written by Joseph E. Cordell on . Posted in Alimony.

Understanding Spousal Support or Alimony

One frequently asked question is, “What is spousal support?” Among other questions are, whether you have to pay it and the reasons. Spousal support, which used to be referred to as alimony, is financial support for your spouse during or after a divorce. Several years ago, most states changed the term “alimony” to “spousal support”—since both men and women can request it.

Why Do People Pay Spousal Support?

The courts order one spouse to pay the other for a variety of reasons, including:

  • Compensation for sacrifices made during the marriage, such as putting one’s career on hold to further the career of the other spouse
  • Financial need post-divorce
  • Maintaining a standard of living
  • Fault (in a few states)
  • Length of the marriage

Spousal Support Laws Differ by State

Each state has its own spousal support laws. While many laws are the same, others differ. Some state-specific examples of spousal support laws include:

  • Missouri is phasing out permanent alimony in favor of temporary or short-term alimony.
  • Florida orders alimony based partially on the length of the marriage.
  • Virginia and many other states take into consideration the mental and physical condition of the parties.

Spousal Support and Taxes

In the United States, the tax implications of spousal support have changed significantly due to the Tax Cuts and Jobs Act (TCJA) enacted in 2017. For divorces finalized prior to Jan. 1, 2019, alimony payments are tax-deductible for the payer and taxable income for the recipient. For divorces finalized on or after Jan. 1, 2019, alimony is no longer tax-deductible for the payer, nor is it considered taxable income for the recipient.

Who is Eligible for Spousal Support or Alimony?

In a divorce case, both spouses can ask for alimony. However, the requesting spouse must meet their state’s guidelines, which often includes the financial status of each party, contributions to the marriage, the mental and physical health of the parties, the future earning capacity of each party, and asset division during the divorce.

Classifications of Spousal Support or Alimony

Depending on your state, the court may have several types of spousal support to choose from, including:

  • Temporary alimony: Available in most states and usually ordered during the pendency of the divorce. The court may convert it to another form of alimony or may terminate alimony once the divorce is final.
  • Bridge-the-gap alimony: A form of alimony offered to help a spouse transition from being married to being a single person. It is generally short-term.
  • Rehabilitative alimony: This type of spousal support helps a lower-earning spouse become financially self-sufficient through education, career training or career advancement. This type is generally modified as soon as the payer has proof that the receiver is financially independent.
  • Durational alimony: Financial assistance for spouses for a specific period of time.
  • Permanent alimony: Many states have eliminated permanent alimony. However, if your state still offers it, it does not necessarily mean that it is for life. Instead, it does not have an end date.
  • Lump sum alimony: Available in most states. In lieu of any of the other forms of alimony, a spouse can offer to pay alimony in one lump sum, often via an asset the receiving spouse wants.

What Factors Determine the Amount of Spousal Support or Alimony After a Divorce?

Courts use many factors to determine alimony. However, some states may not consider all the factors listed below.

  • The duration of the marriage
  • The financial resources and earning capacity of the parties
  • Standard of living during the marriage
  • Age and health of the parties
  • Contributions to the marriage
  • Educational needs of the parties
  • Employment potential and future earning capacity
  • Child custody arrangements
  • Fault (where applicable)
  • Financial misconduct
  • Property division
  • The ability to pay spousal support

Can I Change or Modify a Spousal Support Order?

Yes, you can modify a spousal support order. However, in most states, you will have to show a significant change in circumstances. Depending on your circumstances, spousal support payments could change or completely stop. An experienced attorney can guide you through the process to determine whether the change in circumstances is allowed by law in your state.

Why Work With Cordell & Cordell

During divorce proceedings, you should work with an experienced attorney, especially when either party is requesting spousal support. The divorce lawyers at Cordell & Cordell have the experience needed to help protect your rights.

no fault divorce

Why is No-Fault Divorce Bad?

Written by Joseph E. Cordell on . Posted in Divorce.

What is No-Fault Divorce?

No-fault divorce allows you to dissolve your marriage without proving misconduct. Instead of alleging marital misconduct, such as adultery, desertion, or domestic violence, you can simply allege irreconcilable differences. Irreconcilable differences means that you and your spouse do not get along and can no longer live with each other due to your differences being too great to overcome.

History of No-Fault Divorce

Then-Governor Ronald Reagan first legalized no-fault divorce in California in 1969. By 2010, every U.S. state allowed no-fault divorces. Prior to this, states that did not allow no-fault divorce required you to prove marital misconduct in order to obtain a divorce. In many cases, couples did not “fit” into the legal definition of divorce. They had no grounds for divorce, such as abuse, adultery, or desertion—they simply did not want to remain married. Those who wanted to divorce were forced to create a fault-based scenario, such as adultery or abandonment. It was also common for couples to move to a state that offered no-fault divorce.

How Does At-Fault and Fault-Based Divorce Work?

In a no-fault divorce, you only have to allege irreconcilable differences. It is much simpler and creates less discord than fault divorces, where you must allege marital misconduct. Many couples find that they simply cannot live together, but if they sought a divorce prior to a state codifying no-fault divorce, they had to fabricate a reason for divorce.

Reasons for fault-based divorce include:

  • Adultery
  • Abandonment
  • Imprisonment
  • Physical inability to have sexual intercourse if the condition existed prior to the marriage, and the spouse hid it
  • Cruelty
  • Felony conviction

No-Fault Divorce States

States that still permit fault-based divorces, such as New York, Texas, Nebraska, and Louisiana, allow spouses to claim fault grounds. Fault in the divorce can affect alimony, child custody, and legal battles.

As of 2010, all states offer some form of no-fault divorce, however, 16 states only offer no-fault divorce. Those states include:

  • California
  • Colorado
  • Florida
  • Hawaii
  • Illinois
  • Iowa
  • Kentucky
  • Michigan
  • Minnesota
  • Missouri
  • Montana
  • Nebraska
  • Nevada
  • Oregon
  • Washington
  • Wisconsin

Is No-Fault Divorce a Good Thing?

While critics of no-fault divorce wish to end it, believing that it undermines the institution of marriage— you could argue that it has many benefits, including:

  • Divorces are less contentious.
  • Couples who just cannot live together—not because of marital misconduct but, because they are no longer compatible, have the option of divorcing without fabricating a false story about their marriage.
  • No-fault divorce is less stressful on all involved, including the couple, their children, and even family members.
  • The reasons for the breakup of the marriage, which can be embarrassing to some, are kept private.

What Are the Main Criticisms of No-Fault Divorce?

Some of the key criticisms of no-fault divorce include:

  • Potential harm to the dependent spouse
  • Concerns about public policy
  • Many no-fault divorces are unilateral, meaning only one spouse wants the divorce

However, for the spouse who is the victim of marital misconduct, it can negatively affect child custody, spousal support, and domestic violence cases. In a fault-based divorce, the victim may have received more spousal support. The spouse who committed the misconduct, depending on the action, may not have received as much visitation time with their children.

Critics also complain that no-fault divorce proceedings make it much easier to splinter the nuclear family, allowing couples to divorce when they otherwise would have given the decision further thought.

How Does No-Fault Divorce Negatively Impact Families?

Critics of no-fault divorce believe that the process contributes to the breakdown of the marriage and weakens the traditional family structure. They also believe that it affects the child’s emotional well-being.

However, the alternative is living with someone you no longer love or get along with—causing more contention in the home that could lead to abuse or other dysfunction.

Who Benefits Most from No-Fault Divorce?

Many couples benefit from no-fault divorce laws, especially those in toxic relationships, needing to get out of the marriage quickly—or those seeking a quick resolution to their divorce cases.

Who Loses the Most in a No-Fault Divorce?

Some people may suffer more from no-fault divorce, including stay-at-home spouses who will face financial hardship due to the changes in spousal support, alimony, and property division. However, equitable distribution of assets and spousal support laws protect spouses who stay at home.

Additionally, some believe that no-fault divorces have more of an emotional effect on children because it is easier for spouses to navigate the divorce process. However, a no-fault divorce is often less contentious than a fault-based divorce, which may make it easier on the children, especially when a custody dispute is part of the divorce process.

Additionally, courts base child-related decisions, such as custody and visitation, on the best interests of the children. Child support is not a factor of marital misconduct as it is based on the parents’ incomes. Whether a parent is adulterous or not, does not affect how the court orders custody and visitation. However, a parent who drives drunk with the children in the vehicle, inflicts abuse or neglect on the child, may lose some or all visitation and custody rights.

How Can a Divorce Lawyer Help?

An experienced family law attorney can help you navigate the divorce system, whether you choose a no-fault divorce or a fault-based divorce. Family law attorneys can help during:

  • Distribution of assets and liabilities
  • Child custody battles
  • Spousal support awards
  • Defense strategies in contested divorce cases

Why Work with Cordell & Cordell

With decades of experience, the family law attorneys at Cordell & Cordell can guide you through the divorce process, regardless of how complicated the situation is. Contact us to see how we can help with your divorce matters at 866-323-7529 or by filling out our online contact form.

Getting custody of a child

How to Get Custody of a Child?

Written by Joseph E. Cordell on . Posted in Child Custody.

Understanding Child Custody

Child custody refers to the legal arrangement and responsibility for the care and upbringing of a child. Custody matters are typically determined during separation or divorce proceedings. It includes legal custody, which involves the right to make important decisions regarding your child’s welfare, such as education and healthcare, and physical custody, which pertains to the location where the child lives along with which parent provides daily care.

Types of Child Custody Arrangements

The court can order different types of custody based on your family’s circumstances—and your personal circumstances. All states have some form of legal and physical custody, and most states have other types of custody, such as joint custody and sole custody.

  • Legal Custody: The parties can share legal custody—the right to make significant decisions about your child’s upbringing, including education, healthcare, and religious decisions. In some cases, the court may order sole legal custody, which means only one parent can make major decisions on behalf of the child. The court may also order joint legal custody, which entails that both parents have major decision-making rights regarding their child.
  • Physical Custody: The parties can also share physical custody, determining where the child lives. In many cases, the child lives primarily with one parent, while the non-custodial parent has a visitation order outlining his or her rights to spend time with the child. However, many states are throwing the old “standard” away and gravitating toward more equitable joint custody, where the child spends a significant amount of time with both parents—even as much as 50-50.
  • Joint Custody: Full joint custody means both parents have legal and physical custody. Both have parental rights to make important decisions for their child, and the child spends time with both parents.
  • Sole Custody: If the court orders sole custody, one parent has legal and physical custody of the child.
  • Third-Party Custody: In cases where neither parent can adequately care for the child, the court may grant custody to a third party, often a grandparent or another relative.

Who Can File for Child Custody?

Both biological parents can file for custody and should, to avoid inadvertently giving up their rights. However, certain third parties can also file for custody if they believe that neither parent can adequately care for their children.

Depending on state laws, legal guardians and relatives can file for custody if they believe it is in the best interest of the child. Third parties must prove to the court that it is more beneficial for a child that the third party receives full custody of a child who is not theirs.

Generally, the third party is a legal guardian or a relative. However, the state of Missouri set a precedent when courts awarded an ex-boyfriend custody in a situation where the mother and biological father could not adequately care for the child. In this case, the ex-boyfriend initially believed the child was his and cared for the child as if it were his own.

However, in a state like Texas, if a third party wishes to take custody of a child, he or she must file a Suit Affecting the Parent-Child Relationship to request custody. Even a biological parent not married to the other parent must file this lawsuit if he or she wants custody. This order is actually contained in Texas divorce documents. However, these divorce documents do not pertain to those who were never married.

Ways to Get Custody of a Child Without Going to Court

Going to court is not the only way to obtain custody of your child. You have several alternative methods, including:

Mediation

In some states, mediation is mandatory, although it is a good idea to take advantage of the process where it is not mandatory, when possible. If you can resolve your differences in mediation, you can avoid a potentially long and expensive trial. If you cannot reach an agreement during mediation, your case will go to trial. If you are able to agree on all aspects of the divorce, you will have a short hearing to “prove up” your case.

Negotiated Custody Agreement

Mediation is not the only way to reach an agreement. Parents can negotiate a custody agreement amongst themselves or with the assistance of their attorneys. Plans should outline the terms of custody, visitation, and parental responsibilities. The agreement can then be formalized in writing and submitted to the court for approval, where it will be made legally binding.

Informal Custody Arrangements

Parents can also create informal agreements for custody and visitation. For example, you may agree that while the child lives with one parent, the other picks the child up from school and visits with the child each weeknight. You may also agree that the child spends every other weekend and every other major holiday with the other parent. These types of arrangements are generally created by two parents working together to keep the child out of daycare or to avoid hiring a babysitter while one or the other parent is at work. However, because there is no legal order—you do risk the other parent reneging on the agreement.

Process for Filing Child Custody Petition in Court

Generally, child custody is factor in divorce. However, for those who are not married and need to file a child custody petition, there are several steps.

Consult a Lawyer

While hiring an attorney is not mandatory, it is advisable to consult with an experienced family law attorney to understand your rights and the custody laws specific to your state.

Gather Necessary Documentation

You will need some important documents to file your custody case, including:

  • The child’s birth certificate
  • Proof of residence for both parents
  • Relevant medical records
  • Relevant educational records

If you cannot obtain these documents or your spouse refuses to share a copy with you, a family law attorney can help obtain them.

Complete the Custody Forms

Complete the custody forms, which are often available online from your county court’s website. You must fill them out accurately.

File the Petition

File the completed petition and accompanying documents with the clerk of the appropriate court in the county where the child resides. You might be required to pay a filing fee at the time of filing.

Serve Notice to the Other Parent

Serve the other parent with copies of the petition and summons, along with the additional documents you filed. Your state may allow you to use a sheriff or a process server to serve your spouse.

Attend Mediation

If your state requires mediation, you will need to set up a date with a mediator from the court program, or you can choose a private mediator. If your state does not require mediation you can skip this step, but we encourage those who cannot reach an agreement on child custody to attend a mediation, as you may be able to come to terms without having to go to court.

Court Hearing

If you do not attend mediation or if the mediation fails, you will have to take your case to court. It’s there, that you will be able to present your case, along with evidence and witness testimony.

Judgment and Orders

After reviewing all of the evidence in your case, the court will issue a judgment regarding custody arrangements, visitation, and financial obligations related to child support.

What Factors Do Courts Consider When Determining Custody?

Regardless of which state you are in, every state puts the best interest of the child first. Other factors that the court often considers include:

  • Parental wishes
  • The child’s needs and wishes
  • Relationships between the child and each parent and siblings, including emotional bonds
  • Adjustments the child may have to make for school and how well the child would adjust to the changes
  • The physical and mental health of each parent and how it affects the parent’s ability to care for the child
  • The probability of a parent being more cooperative and more likely to encourage a healthy relationship with the other parent and his or her extended family members
  • The history of spousal abuse, child abuse, or neglect
  • Financial stability
  • Criminal record
  • Child support compliance, including whether you are current on any existing child support obligations

How Do I Prepare for a Child Custody Hearing?

You can prepare for a child custody hearing by:

  • Familiarizing yourself with your state’s laws
  • Gathering the necessary documentation like an existing parenting plan, school records, medical records, etc.
  • Seeking legal counsel from a family law attorney
  • Practicing courtroom etiquette
  • Knowing what to expect

Even if you retain a family law attorney, you should always know what to expect during the hearing and adhere to courtroom etiquette to form a favorable impression on the judge.

What Not to Say During a Custody Battle?

You can lose a custody battle, and sometimes, even visitation rights, if you say the wrong things during a custody battle. Things you should not say or do include:

  • Making negative comments about the other parent
  • Engaging in petty arguments or making petty complaints
  • Making derogatory and/or sarcastic remarks
  • Making threats
  • Using aggressive language
  • Criticizing the legal system
  • Making disparaging remarks in front of the child
  • Ignoring the child’s wishes
  • Failing to pay child support

How Can a Child Custody Lawyer Help Me?

A child custody lawyer can help you navigate the complexities of custody disputes and work toward a favorable outcome. The attorney can help by:

  • Providing knowledge of family law
  • Reducing stress
  • Providing skilled negotiation for a potentially better outcome
  • Helping you to avoid costly mistakes
  • Providing courtroom experience in the event of a trial
  • Providing confidentiality and privacy

Why Work With Cordell & Cordell for Your Child Custody Case

An experienced family law attorney at Cordell & Cordell can help you through custody battles by providing knowledge of family laws and helping to negotiate custody cases.

Does It Matter Who Files for Divorce First?

Does It Matter Who Files for Divorce First?

Written by Joseph E. Cordell on . Posted in Divorce.

Why Does It Matter Who Files for Divorce First?

A divorce case begins when one of the spouses files a divorce petition or complaint with the court clerk’s office. The party making the first divorce filing is known as the “petitioner” in most states. The other spouse is the “respondent.”

The spouse filing first may have the upper hand when it comes to the tone of the case. The initial divorce filing can start a difficult litigation process, putting the respondent on defense from the beginning. Depending on the situation, this can lead to the possibility of an uncontested divorce ending in a settlement agreement.

Filing first has some disadvantages, as well. For instance, the petitioner is often responsible for various fees.

Possible Advantages of Filing First

The following are possible advantages when a spouse files for divorce first:

  • Choice of jurisdiction: State family laws have residency requirements for divorce cases. When divorcing spouses live in different counties, the petitioner may choose the county that is most convenient for them.
  • Timing of the case: The petitioner can file when they are able to afford attorney fees and other costs. The respondent may not be in as secure a financial position. The petitioner can also set the pace of the divorce proceedings. For example, litigation will begin quickly if they begin the case with requests for temporary orders.
  • Grounds for divorce: In a no-fault divorce, the parties do not have to prove that either spouse was at fault for the breakup of the marriage. Many states still allow fault-based grounds for divorce, such as adultery or cruel treatment. The petitioner is often in a better position to allege fault-based grounds for divorce.
  • Litigation strategy: A petitioner can ask the court for temporary orders that remain in effect as long as the divorce case is pending. This may include provisions for child support, child custody, and spousal support, as well as restrictions on the use or sale of marital assets and the use of credit cards that could increase the couple’s debt.
  • Protective orders: A petitioner is in a better position to get restraining orders in situations where they allege domestic violence or other misconduct has occurred.

Disadvantages of Filing First

Filing first can also present disadvantages:

  • Expenses: The petitioner bears several significant expenses. The filing fee for the divorce can be several hundred dollars. That party is responsible for serving the respondent with the divorce papers. Unless the respondent agrees in writing to waive service, the petitioner must pay a process server to deliver the paperwork to the respondent in person.
  • Notification to the respondent: The divorce petition lays all of the petitioner’s cards on the table. The respondent knows what that party is seeking and what evidence they probably have, so they have time to prepare a response.
  • Appearance of aggression: The tone of the initial divorce filing could make the petitioner appear vindictive towards the respondent. At times, this choice of tone is warranted, but it can also do harm to the petitioner as much as or more than the respondent.

Things to Consider If You File for Divorce First

While making the first move in a divorce case can have advantages, you should consider how you want to approach the filing divorce papers. Factors that you should evaluate before filing first may include the following:

  • What are the financial implications of filing first? Can you bear the costs involved? Do you plan on making any big purchases soon? If you file for divorce, you might have to postpone anything that significantly affects your marital or community property.
  • Are you emotionally ready? Once you file, the case may move quickly or very slowly. Either can be emotionally difficult.
  • Are you prepared in a practical sense? Do you and your spouse still live together? Do you have access to bank statements and other records that you’ll need? Careful reflection on these questions and advanced preparation are crucial before you decide to file for divorce.
  • Do you believe that you and your spouse can reach a settlement agreement? If so, it may be worth trying to negotiate issues like property division, child custody, or alimony. You can then present an agreed divorce decree to the court. By blindsiding your spouse with court papers, you could turn an uncontested divorce into a long, drawn-out fight.

What Legal Steps Are Involved in Filing for Divorce?

Divorce laws vary from state to state, but many rules and regulations are similar throughout the country. The filing process typically involves these steps:

  • Confirm that you meet the residency requirements: State laws require that one or both of you have lived in the state and county for a minimum period of time. This is often six months in the state and 90 days in the county.
  • Verify your state’s separation requirements: Some states require that you and your spouse live separately before you may file for or finalize a divorce. For example, in Virginia, the period of separation needed before filing for an uncontested divorce is six months with a separation agreement if you do not have minor children and one year if you do.
  • Prepare the divorce papers: A divorce case is essentially a special type of lawsuit. Your state’s divorce laws will cover all of the information you must include in a divorce petition, such as the names of the spouses, the dates of marriage and separation, the grounds for divorce, and the names and birthdates of any minor children.
  • File the divorce petition: You must file the petition with the court clerk and pay a filing fee. They will prepare a citation or summons for your spouse.
  • Serve your spouse: Unless your spouse signs a waiver of their right to receive service, you must have them served with the paperwork—in person. Constables or sheriff’s deputies often perform this function for a fee, or you can hire a private process server.

Once your spouse has received the paperwork, they have a limited amount of time to hire a lawyer and file an answer with the court.

How Can a Law Firm Help with Your Divorce Filing?

A law firm with family law experience can help advise and guide clients through the divorce process. The benefits of an experienced divorce law firm may include:

  • Providing legal advice tailored to a client’s needs
  • Drafting necessary legal documents
  • Negotiating settlement agreements
  • Representing clients in court to protect their rights and interests

Why Work With Cordell & Cordell?

The family law attorneys at Cordell & Cordell have decades of experience providing legal advice and advocacy through all stages of the divorce process. The law firm offers educational opportunities for individuals to learn more about their legal rights in divorce cases through ebooks, podcasts, and other online resources.

Alimony in Florida.

How Long is Alimony in Florida?

Written by Joseph E. Cordell on . Posted in Alimony.

What is Alimony in Florida?

Alimony, often called spousal support or maintenance, is financial support paid from one spouse to the other. It can be temporary alimony during the pendency of the divorce or permanent alimony once the divorce becomes final.
In Florida, the amount and duration of the alimony are at the courts’ discretion. However, courts must follow guidelines in the Florida Statutes to make those determinations. Two of those guidelines include whether the receiving spouse needs financial support from the other spouse and whether the paying spouse has the resources to pay it in addition to their reasonable living expenses.

What Are the Types of Alimony in Florida?

Florida allows for several types of alimony, including:

  • Temporary alimony: Usually ordered during the pendency of the divorce if the receiving spouse needs financial support.
  • Bridge-the-gap alimony: Financial support for a limited time, often to cover living expenses while waiting for the marital home to sell. Florida Statutes limit bridge-the-gap alimony to two years. Once the court determines the award, you cannot modify it.
  • Rehabilitative alimony: This alimony helps divorced spouses obtain training or education for employment. The receiving spouse must submit a plan for how much time and money they require to accomplish these goals.
  • Durational alimony: When other alimony types are insufficient for a spouse’s needs, the court may order durational alimony. It is only for a short or moderate set period. Courts may also order durational alimony even if a spouse doesn’t need financial support permanently if the marriage lasted a certain amount of time but not more than 35 percent of the length of the marriage.
  • Permanent alimony: After the dissolution of marriage, some spouses may not have the financial ability to meet their needs. Florida Statutes allow permanent alimony in these cases. The marriage must usually be moderate in duration, but exceptional circumstances may result from a shorter marriage.

Factors Determining Alimony Duration

Florida Statutes provide several factors to help the court determine the type of alimony and duration of alimony to award to the requesting spouse, including:

  • The duration of the marriage
  • The anticipated needs of each party
  • Age of both parties
  • The health of each spouse
  • The educational levels of both parties
  • The vocational skills and employability of both parties
  • Adultery

How Does the Length of Marriage Affect Alimony?

Florida courts base alimony on the duration of the marriage. Generally, the time frames fall into three categories:

  • Short-term marriages are less than 10 years
  • Moderate-term marriages are from 10 to 20 years
  • Long-term marriages are 20-plus years

These time frames significantly impact the types and duration of the alimony awarded by the court.

What Factors Influence Alimony Awards?

In addition to the above factors that courts use to determine the length of time an alimony award is supposed to last—they also consider the following:

  • The standard of living established by the spouses during the marriage
  • The earning capacities of both parties
  • Each party’s income and financial resources
  • The physical, mental, and emotional condition of both parties
  • The contribution made by each spouse to the marriage, including homemaking services, contributing to the education of the other spouse, child care, and assisting a spouse in building their career
  • The responsibilities of each spouse to their minor children, especially if a child has a mental or physical disability

Can You Modify Alimony in Florida?

Except for bridge-the-gap alimony, you can modify alimony awards. However, you must show a material and substantial change in circumstances in the following:

  • Either party’s income – an increase in the receiving party’s income or a decrease in the paying party’s income
  • The declining health of the paying party
  • The receiving party’s remarriage

What Are the Financial Implications of Alimony?

In 2019, federal laws no longer allow the taxation of most alimony payments as income for the receiving party, nor is it deductible for the paying party. Because of this, the amount paid by the “paying” spouse should be changed to reflect the tax deduction loss.

Additionally, in 2023, Florida’s alimony laws significantly changed to help both parties become financially responsible sooner rather than later. As of 2023, permanent alimony is no longer an option for the courts. However, it only applies to divorces filed after July 1, 2023.

This can affect lump-sum alimony awards since courts usually apply this type to permanent or rehabilitative alimony awards. The issue with lump-sum alimony is that since it is paid in one lump sum, neither party can modify it.

How Can a Divorce Attorney in Florida Help with Alimony Issues?

Divorce can become complex, especially when unknown alimony factors are involved. Obtaining legal advice as soon as you plan to file for divorce or as soon as your spouse serves you with divorce papers is a beneficial, especially when negotiating alimony payments.

Why Work with Cordell & Cordell?

Even with alimony reform in Florida, you can become burdened with too much alimony or may not receive alimony if you need it from your ex. An experienced Florida alimony lawyer can help negotiate fair and reasonable alimony, whether you need alimony, or your soon-to-be ex-spouse is requesting it.

Client Experience

“My attorneys have been great over the 4 years of my case. The support I have received from the firm over the duration of my case has been outstanding. My attorneys treated me as a person and not just as another case. I felt they were concerned about the issues I was personally facing and that meant a lot to me. Thank you! Because of this, I will definitely recommend Cordell & Cordell to anyone I know going through a similar situation.” – Brian H.

“Communication was really, really, really, good. I appreciated how I was kept informed throughout. They were always checking in on me to see if I had any questions or needed anything. Everything was great.” – Benjamin C.

Tennessee community property state.

Tennessee Divorce Property Division: Community vs. Equitable Laws

Written by Joseph E. Cordell on . Posted in Divorce.

Is Tennessee a community property state? During a divorce, many people believe that the division of assets is “50/50.” Tennesee is an equitable distribution state, meaning that while it might start as half, Tennessee law considers several factors, including income and future earning capacity—when dividing property. Equitable may mean, in some cases, one spouse receives a higher percentage of the property than the other. An experienced divorce law attorney at Cordell & Cordell can help negotiate fair and equitable property division and, if necessary, represent your rights during litigation. 

Community Property vs. Equitable Distribution 

As of 2024, only nine states are community property states: 

  • Arizona 
  • California 
  • Idaho 
  • Louisiana 
  • Nevada 
  • New Mexico 
  • Texas 
  • Washington 
  • Wisconsin 

These states generally divide marital property equally between the married couple going through a divorce. The other states are known as “equitable distribution” states. That is, the laws require a fair and equitable – not necessarily equal – distribution of marital property. 

How Property is Divided in a Tennessee Divorce 

Tennessee laws factor in your current income, separate property, and future earning capacity to determine an equitable distribution of assets and liabilities. For example, if the husband earns 40 percent of the income and the wife earns 60 percent of the income, neither party has separate property, and both parties are expected to stay in the same financial position—the husband would receive 60 percent of the marital assets, while the wife would receive 40. 

However, this is not set in stone. If the parties can agree on property distribution, they might also agree to split the property 50/50, or the husband might give the wife a higher percentage for the benefit of the minor children if she agrees to primary custody. This situation can also work in reverse. 

In most circumstances, it is better for the spouses to work out a property settlement between themselves. One drawback of property distribution, whether under community property laws or equitable distribution laws, is that the parties may not be allowed to keep the property they wish. For example, a husband may wish to retain his retirement account, in that case, he may be able to “trade” another asset of equal value with the wife. 

Why Property Division Matters 

Property division can affect a spouse’s financial future after divorce, especially in long-term marriages where the married couple has accumulated significant assets. Before the division of marital property, the spouses must determine the types of property they possess. Certain property in Tennessee is separate property. However, separate property can be commingled or transmuted to become marital property subject to equitable division. 

Separate property includes: 

  • Any property owned prior to the marriage 
  • Property exchanged for separate property, even after marriage, so long as the separate property is not commingled or transmuted 
  • Profits or appreciation from separate property 
  • Damages awarded in a civil lawsuit in your name only 
  • Gifts 
  • Inheritances 

Any of these could become marital property if you commingle them or transmute them – that is, you used marital funds for their upkeep, or you treated the property as marital property. If there is a question of whether property was commingled, financial advisors and forensic accountants can determine whether separate property became marital property. 

Why Work with Cordell & Cordell 

Property division can come with all sorts of unexpected pitfalls. The experienced divorce lawyers of Cordell & Cordell can use their knowledge to guide you through a fair and reasonable property settlement. 

Client Experience 

“My attorney is a standout. He is responsive and attentive. He was good at giving input and feedback. When it comes to men’s divorces, My attorney knows what he is doing and brought his experience to the table.” — Dolphus D. 

“I felt protected and secure with my attorney. She earned my confidence and that is really hard to do. I feel everything went well.” — Jeffrey S. 

“She was amazing. Everything was all around great. The communication by my attorney was fantastic. You guys are top tier.” — Chase P. 

Contact Us for Help with Your Tennessee Property Division 

Blended families have become more common, which could mean the new spouse may receive a portion of the property you were awarded in your first divorce—in the event of a divorce. It’s becoming more common to get married later in life, which means you could have a significant amount of separate property. If you have a significant amount of separate property, you might consider drafting a prenuptial agreement to protect that property if you are considering marriage. 

Cordell & Cordell is a national family law firm that guides individuals through a range of family law issues. Contact our team today at 866-323-7529 or fill out our online contact form to schedule an initial consultation. 

Disclaimer: This page serves as a resource and is not to be taken as legal advice. 

Child support cost in Georgia.

Georgia Child Support Calculator: How Payments Are Determined

Written by Joseph E. Cordell on . Posted in Child Support.

Until 2007, Georgia used to take into account 17 to 23 percent of the non-custodial parent’s income to calculate child support. The current method utilizes the combined income of both parents to determine child support. If both parents earn the same gross monthly wages, their child support obligation will be equal. If one parent earns 60 percent of the income with the other providing 40 percent, the amount dictated by Georgia statutes is allocated the same. Requiring 60 percent by the parent who earns 60 percent and 40 percent by the other parent. 

The experienced child support attorneys of Cordell & Cordell can help you determine how much child support you should pay based on several factors, including gross income, the number of overnights the child spends with each parent, and the number of children you have. 

Georgia Child Support Guidelines 

How is child support calculated in Georgia? Both parties must disclose their monthly gross income when completing the child support worksheet. An income shares model makes it harder for the custodial parent to “cheat” by misrepresenting their income—if one parent claims less income than they have, the amount allocated by statutes drops. If the claim is more income than they have, their share of child support increases while the non-custodial parent’s share decreases. 

If both parents’ combined gross income is $10,000, and one parent makes $4,000 while the other makes $6,000 monthly—the first parent will pay 40 percent of the basic child support obligation dictated by the statutes. 

Using the Georgia Child Support Calculator 

By knowing the other parent’s gross income, you can use the Georgia Child Support Calculator to estimate child support payments. The calculator considers several factors, including parents’ incomes, the number of children you have together, health insurance expenses, etc. 

Factors Affecting Child Support in Georgia 

Several factors affect the amount of child support each parent pays. While the non-custodial parent pays the custodial parent, the custodial parent must also contribute to the child’s financial well-being. When calculating child support, you must also be aware of how many overnights each parent has with the children to obtain an accurate amount. 

The income shares model of determining child support also includes other factors in determining child support: 

  • Deductions, including taxes and mandatory retirement accounts 
  • Work-related child care 
  • Health insurance 
  • Extracurricular activities 
  • Extraordinary medical expenses 
  • Everyday medical expenses, such as deductibles and co-payments 
  • Prescriptions 
  • Medical equipment 
  • The amount of parenting time each parent has with the child 
  • Child care expenses 
  • Each parent’s financial resources and obligations 

Deviations from the Child Support Guidelines 

In some instances, the court might deviate from the standard child support guidelines. In other cases, the parties may agree to one or more deviations. However, the court will not order or agree to any deviations that are not in the child’s best interests. Deviations may differ upward or downward from the guidelines and may include: 

  • The combined income of both parents exceeds $40,000 per month 
  • The combined income of both parents is less than $1,850 per month 
  • Healthcare and medical insurance expenses 
  • Child care expenses 
  • Dependant care tax 
  • Travel expenses (for visitation) 
  • Alimony payments 
  • Education expenses 
  • Other extraordinary expenses for the minor children 

Modifications to Child Support Orders in Georgia 

Child support orders are not permanent. They end when the child turns 18 or graduates high school with a reasonable expectation of graduation by the child’s 20th birthday, marry, or otherwise become emancipated. The support orders can also be modified, though the person requesting the modification must prove a substantial change in circumstances. 

You must file a Petition for Modification of Child Support with the court. You can ask for a modification if your circumstances change, or the other party’s circumstances change—or the other party does not request a modification. 

Reasons for modification can include: 

  • Employment status: You lose your job through no fault, receive a promotion, or retire. 
  • Cost of living: The cost of living significantly increases. For example, your rent or an adjustable-rate mortgage could significantly increase. Your diet or your child’s diet may change for medical reasons, and your diet may require more expensive food items. Inflation might increase significantly. 
  • Unexpected expenses: If a child’s medical or educational needs suddenly increase, it may warrant increased child support. 
  • Change in living arrangements: If you shift from regular visitation to watching your child more than 20 percent of the overnights, you can ask for a modification in child support. 

The Role of a Child Support Attorney 

During a divorce, or if you need to modify child support after a divorce, you should always seek the advice of an experienced child support attorney at a family law firm like Cordell & Cordell. Child support and other financial ramifications of divorce can often become complex. Even child custody disputes can be complex when the parents cannot agree on fair parenting time. 

Why Work with Cordell & Cordell 

Before filing for divorce or if you were served with divorce papers, speaking with an experienced family law attorney about the various issues involved in breaking the marriage contract can help ease some of the fear of the financial ramifications of divorce. Experienced family law attorneys at Cordell & Cordell can also guide you through the process and help protect your rights. 

Client Experience 

“Communication was really, really, really, good. I appreciated how I was kept informed throughout. They were always checking in on me to see if I had any questions or needed anything. Everything was great.”- Benjamin C. 

“First and foremost, Frank was an exceptional person to have worked with me on my case. He not only explained everything regarding strategies and how to proceed in great detail, he let me choose the path I took under his guidance, and I was 100% satisfied with the outcome. He was available to address any concerns at any time they arose. There were times of great concern and difficulty along the way, but he always explained and made sense out of them, which was a very valuable thing to me. Aside from my case, his personality was also outstanding, made me feel like a friend, and my comfort level was great. When I say that everyone from the beginning to the end, from my initial reception, all the paralegals that worked on my case(which was also exceptional), right through to Frank delivering the news I had that my case was finally over, was done extremely well by everyone. I would like to thank them all for their dedicated and very professional work.”- James T. 

“Katie did well. She was quick, efficient and she got me what I wanted so I was very satisfied.”- Michael J. 

Questions or Concerns About Georgia Child Support? Contact Cordell & Cordell. 

Divorce is complicated due to the financial and emotional aspects, including child support. Georgia has child support guidelines that consider several factors. 

Cordell & Cordell is a national family law firm that guides individuals through a range of family law issues, including divorce, child support, child custody issues, division of marital assets, and paying child support after a minor child enters college. Contact our team today at 866-323-7529 or fill out our online contact form to schedule an initial consultation. 

The divorce process in Tennessee.

Tennessee Divorce Process: Step-by-Step Guide for 2024

Written by Joseph E. Cordell on . Posted in Divorce.

How to file for divorce in Tennessee. When you are no longer compatible with each other, you may consider filing for divorce. While spouses can file for divorce on their own, we do not recommend it, especially if they mutually own property or have children together. Divorce laws are complex, and you can easily forfeit some of your rights, or heavy financial costs if you make a mistake. The experienced divorce attorneys at Cordell & Cordell can guide you through the divorce process in Tennessee and help protect your rights. 

Step One: Determining Grounds for Divorce in Tennessee 

Tennessee has 15 statutory grounds for divorce, including irreconcilable differences. If you file a no-fault divorce, you file for irreconcilable differences. Other grounds include: 

  • Impotence 
  • Adultery 
  • Conviction of a felony and imprisonment 
  • Substance abuse or addiction 
  • The wife is pregnant by someone else at the time the husband marries her, and the husband is not aware 
  • Willful desertion for one year 
  • Bigamy 
  • Endangering the life of the spouse 
  • Conviction of an infamous crime 
  • Refusing to move to Tennessee with a spouse and willfully being absent from the new residence for two years 
  • Cruel and inhuman treatment or inappropriate marital conduct 
  • Actions making a spouse’s life intolerable 
  • Abandonment, including neglect or evicting the spouse from the home 
  • Separation for two or more years while not living together as husband and wife 

Because you have to prove grounds, many people find it easier to file a no-fault divorce and simply allege irreconcilable differences. A no-fault divorce also reduces many of the contentions that can take place during a divorce, and in most cases—it’s less stressful for the parties’ minor children. 

Step Two: Filing the Divorce Complaint 

When filing the divorce complaint, you must include all proof and documentation that applies to your situation. Once you file, you cannot go back and add additional information. Even if you sign a marital settlement agreement, you must include: 

  • Personal information pertaining to you and your spouse, including your address 
  • The date of marriage and separation 
  • Grounds for divorce 
  • Request for child custody (if applicable) 
  • Request for child support (if applicable) 
  • Request for alimony (if applicable) 

You must include a filing fee when filing the initial complaint. In the case the divorce is contested, you will also need to file a summons, spouse’s personal information, civil cover sheet, and in some circumstances, a Title IV-D information form. 

Step Three: Serving the Divorce Papers 

You must formally serve your spouse with divorce papers – including the complaint and other legal documents, along with the summons. If you do not follow the proper service of process, your spouse can request to have the case dismissed. A sheriff or a process server must serve your divorce documents. You can also serve your spouse by mail, but we do not recommend this method, as your spouse must sign an acknowledgment of service. If the divorce is contentious or your spouse does not agree to divorce, you may never receive that signature. 

Step Four: The Response and Counterclaim 

Once served, your spouse has a specific number of days to file an answer and countercomplaint. If they do not, the spouse risks defaulting. A countercomplaint includes the same information as your complaint, except these are your spouse’s requests. For example, your complaint may not request alimony if you do not want your spouse to pay it, but they might request alimony from you. 

Step Five: Temporary Orders 

Since some divorce cases are complex, and may take a longer period of time—the parties can request temporary orders to protect their rights—for support or visitation. These orders remain only in effect until the court signs the final judgment for the dissolution of the marriage or until the court issues another temporary order. 

Common temporary orders might include: 

  • Motion for temporary spousal support 
  • Motion for temporary child support 
  • Motion for temporary custody or visitation or a motion for a temporary parenting plan 
  • Motion to stop wasting assets 
  • Motion for the sole use and occupancy of the marital home 

Step Six: Discovery During a Tennessee Divorce 

Once a complaint for divorce has been filed, the next step is the discovery process. In some states, this process can be referred to as mandatory disclosure. Both parties must mutually supply to each other: 

  • A family law financial affidavit 
  • Home and vehicle titles 
  • Credit card statements 
  • Bank account statements 
  • Retirement plan and retirement account statements 
  • Documents related to business ownership 

This is just a partial list of required documents. The discovery process may also include: 

  • Interrogatories, which must be answered under oath 
  • Depositions 
  • Requests for admissions 
  • Subpoenas 

If you ignore requests for documents, interrogatories, requests for admissions, your spouse can serve you with a subpoena to compel production. 

Step Seven: Settlement Negotiations or Trial 

Many divorce cases in Tennessee are settled out of court. An experienced divorce lawyer can guide you through the process and draft a marital dissolution agreement that protects your rights. The settlement agreement includes the division of marital property, a permanent parenting plan, and other financial factors. 

You can also acquire a partial settlement agreement, though the divorce will still be considered a contested divorce. The court incorporates the partial settlement agreement into the final judgment and rules on the issues the parties could not agree upon. 

If the divorce is contested, an experienced family law attorney can help protect your rights and represent you at the trial, where the court will decide all contested issues. 

Step Eight: Final Decree of Divorce 

Once the court signs the final decree of divorce, your divorce is final—whether it is an agreed divorce or contested divorce. The order includes all the points you agreed to in a settlement agreement—or, if the divorce was contested, whatever the court ordered during the trial. 

Why Work with Cordell & Cordell 

When filing for divorce, work with an experienced attorney instead of trying to file the divorce forms on your own. An experienced attorney can guide you through the process and help protect your rights while helping explain the complex Tennessee divorce laws. 

Client Experience 

“All around he did exceptionally well for me. He got everything I was fighting for, he communicated with me well, and it was just all around a great experience.” — Dale D. 

​”She does a great job of analyzing your situation. Communication was good throughout the process.” — Ronnie C. 

“​My attorney did a fantastic job and twice now this firm has helped me very much. My attorney a few years ago was also amazing. This firm has taken great care of me and is worth the money. Everything was exceptional.” — Christopher K. 

Getting Divorced in Tennessee? We Are Here to Help 

Cordell & Cordell is a national family law firm that guides individuals through a range of family law issues. Contact our team today at 866-323-7529 or fill out our online contact form to schedule an initial consultation. 

Disclaimer: This page serves as a resource and is not to be taken as legal advice.