At times marriages are doomed to fail. At other times marriages last the lifetime of the couple. If the situation is such that a marriage is about to fail then a Divorce Lawyer in Johnson City TN is required.
A Divorce Lawyer in Johnson City TN cannot represent both parties in the divorce as it will represent a conflict of interest. There are times when the divorce is not contested that a single lawyer can represent one of the parties and do all of the paper work but if during the process the agreement broke down, the lawyer would revert to representing the party he is engaged with. Uncontested divorces are not as expensive as contested divorces. A contested divorce is open ended as to how much work is involved for the lawyer whereas an uncontested divorce is straight forward. All lawyers have their own schedule of fees but generally speaking the difference in cost between contested and non contested divorce may be as much as 10:1.
There are many reasons to seek a divorce; impotence, bigamy, adultery, desertion, confinement in a penitentiary, cruelty etc. The reason most often cited is irreconcilable differences between the two contesting parties. Your Divorce Lawyer in Johnson City TN is called upon to file for the divorce with the court, prepare and have signed the dissolution agreement, develop a permanent plan for parenting if there are minor children and set a date for a hearing in court. If all mandate of Tennessee law has been met and the judge agrees then a divorce decree is issued. If the divorce is contested the Divorce Lawyer in Johnson City TN will follow a different path. First he will file for divorce with the court on behalf of his client, at that time he will give notice of intent to the other party in the divorce case. Once the spouse files his or her answer to the petition for divorce the lawyers will go to discovery which entails the taking of depositions, interrogation, fact find and if necessary, investigation. A court date is set for trial and a final decree of judgment either granting or denying the divorce is handed down.
In determining a property settlement in a contested divorce the court will employ equal distribution of marital property without any regard to fault. Any properties which were acquired prior to the marriage or were given during the marriage as gifts or inheritances are separate and are not considered in the dissolution agreement. In most instances the marital home and the effects will be awarded to the party which has been granted physical custody of the children. In many instances the right is only to live in the home and the home is sold and the proceeds divided when the children are no longer minors.
Divorce is a complex issue; it is fraught with emotions and full of pitfalls. Having a divorce lawyer in Johnson City TN is mandatory and the best solution is to call the law office of Attorney Andrew E. Farmer.
