Divorce basicS from a KNOXVILLE family law attorney

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In a divorce, the division of marital property is a critical aspect that requires careful consideration. Marital property, broadly defined, includes any assets acquired by either spouse during the marriage, while separate property remains with the individual who owned it prior to the marriage.

However, it's essential to recognize that this explanation serves as a starting point, and the classification of property in your divorce may vary depending on the specifics of your case. Factors such as asset commingling and contributions to marital property can further complicate the division process.

While dividing marital property may often resemble a straightforward math problem, determination is actually a far more nuanced matter. By way of example, the Tennessee Court's use the following factors below to help determine what is "equitable."

1. The duration of the marriage;
2. The age, physical and mental health, vocational skills, employability, earning capacity, estate, financial liabilities and financial needs of each of the parties;
3. The tangible or intangible contribution by one (1) party to the education, training or increased earning power of the other party;
4. The relative ability of each party for future acquisitions of capital assets and income;
5. 
   
   1. The contribution of each party to the acquisition, preservation, appreciation, depreciation or dissipation of the marital or separate property, including the contribution of a party to the marriage as homemaker, wage earner or parent, with the contribution of a party as homemaker or wage earner to be given the same weight if each party has fulfilled its role;
   2. For purposes of this subdivision (c)(5), dissipation of assets means wasteful expenditures which reduce the marital property available for equitable distributions and which are made for a purpose contrary to the marriage either before or after a complaint for divorce or legal separation has been filed.
6. The value of the separate property of each party;
7. The estate of each party at the time of the marriage;
8. The economic circumstances of each party at the time the division of property is to become effective;
9. The tax consequences to each party, costs associated with the reasonably foreseeable sale of the asset, and other reasonably foreseeable expenses associated with the asset;
10. In determining the value of an interest in a closely held business or similar asset, all relevant evidence, including valuation methods typically used with regard to such assets without regard to whether the sale of the asset is reasonably foreseeable. Depending on the characteristics of the asset, such considerations could include, but would not be limited to, a lack of marketability discount, a discount for lack of control, and a control premium, if any should be relevant and supported by the evidence;
11. The amount of social security benefits available to each spouse; and
12. Such other factors as are necessary to consider the equities between the parties.

All Tennessee divorces involving minor children conclude with the establishment of a permanent parenting plan or some sort of residential schedule. This essential document outlines the annual number of days each child will spend with each parent, the day-to-day co-parenting schedule, holiday divisions, and child support amounts. Couples must attempt to create this parenting plan through mediation during the divorce process. If mediation fails, a judge will determine the residential schedule based on several key factors.

The judge considers the following factors when determining the parenting plan:

1. Child-Parent Relationship: The strength, nature, and stability of the child's relationship with each parent, including whether one parent has primarily handled the child's daily needs.
2. Parenting Responsibilities: Each parent's past and potential future performance of parenting responsibilities, including their willingness and ability to foster a close and continuous parent-child relationship. This includes the likelihood of each parent to honor court-ordered parenting arrangements and any history of denying parenting time in violation of a court order.
3. Parent Education Seminar: Refusal to attend a court-ordered parent education seminar may be viewed as a lack of good faith effort in the proceedings.
4. Provision of Necessities: Each parent's willingness to provide the child with essential needs such as food, clothing, medical care, education, and other necessary care.
5. Primary Caregiver Role: The extent to which each parent has been the primary caregiver, meaning the parent who has taken greater responsibility for the child’s daily care.
6. Emotional Ties: The love, affection, and emotional bonds between each parent and the child.
7. Child’s Needs: The emotional needs and developmental level of the child.
8. Parental Fitness: The moral, physical, mental, and emotional fitness of each parent as it relates to their ability to parent. This may include court-ordered mental health evaluations and considerations of any relevant mental health information.
9. Child’s Relationships: The child’s interactions and relationships with siblings, other relatives, step-relatives, and mentors, as well as their involvement in their physical surroundings, school, and other significant activities.
10. Continuity and Stability: The importance of continuity in the child’s life and the length of time the child has lived in a stable, satisfactory environment.
11. Evidence of Abuse: Any evidence of physical or emotional abuse to the child, the other parent, or any other person. Relevant issues of abuse may be referred to juvenile court.
12. Influence of Others: The character and behavior of anyone residing in or frequently visiting the home of a parent and their interactions with the child.
13. Child’s Preference: The reasonable preference of a child who is twelve years or older, with preferences of older children typically given more weight.
14. Employment Schedules: Each parent’s employment schedule, with potential accommodations made accordingly.
15. Other Relevant Factors: Any other factors deemed relevant by the court.

Because the idea of being told when to see their own children is generally undesirable, many couples, even those initially at odds, often resolve their differences to agree on a parenting plan during mediation.