Family Law Basics: Divorce, Child Custody, and Support – Guest Post

Navigating family law can be so overwhelming when you are experiencing a huge life transition. Whether split-up means divorce or simply working out where your child lives, or how to manage it financially, it is a lot to handle, both emotionally and legally. In Knoxville, Tennessee, family law entails certain laws that help guide how people treat issues like divorce and separation, co-parenting and the division of assets and financial responsibilities when the end of a partnership approaches.

If you’re going through this right now, it’d be really helpful to have an understanding of the basics. Knowing what you’re in for can definitely help you make better decisions. Here’s all that you need to know about the basics of family law in Knoxville, TN.

What Happens When You File for Divorce in Knoxville?

Divorce is, in plain and simple terms, the legal dissolution of?a marriage. In Tennessee, there’s a fundamental rule you have to follow before you even file for it: At least one person in the marriage has to be a state resident?for six months.

Here are the two kinds of divorce cases that lawyers come across:

Uncontested Divorce:

This happens when both parties are in agreement on all the key issues — like how to split the property, whether one spouse is going to have to pay alimony, and, if there are kids and how to handle their custody. This route is usually:

• Faster
• Less expensive
• A lot less stressful

Contested Divorce:

This one is trickier. If the spouses can’t agree on any one of those things — who gets the house, who pays what, how parenting time is allocated— they’re likely to head to court. This means:

• Legal hearings
• More paperwork
• Perhaps a longer and tougher court battle

In such a case, people hire experienced attorneys in Knoxville Tennessee. That’s because a good lawyer can be the difference between a good outcome and a bad one that would waste your time and money.

Child Custody: The Basics You Need to Know

Dissolving a marriage feels more delicate when kids are a part of the equation. The court’s main goal is to ensure that the child’s life is as secure and healthy as possible. When deciding custody, they’ll consider a few key things like:

• Who is the child more emotionally attached to?
• Which parent can offer the kid the safest home?
• Who meets the child’s basic needs—including food, school, or doctor’s visits—properly?

Types of Custody

There are two primary forms of custody to be aware of:

• Physical custody: The home where the child resides.
• Legal custody: Who has control over important decisions like schooling, health, etc.

These are split between both parents. Sometimes one parent has sole custody of their child, while in some cases, they may settle on joint custody. It depends on the best interests of the child.

Can Parents Work This Out Between Themselves?

Yes, they can —?and in fact courts encourage it. Mediation is commonly the step parents take initially. That’s where a neutral third party helps both sides talk things out and (hopefully) agree to a settlement without taking the matter to trial.

If that doesn’t work, then a judge decides what’s best for the child. In any event, most parents?wind up producing what is known as a parenting plan, usually including:

• A detailed weekly schedule
• Holiday and vacation plans
• How parents will resolve bigger issues together
• Communication and future dispute resolution rules

A stable parenting plan can minimize disputes and make it easier for each parent to know where the other stands.

Child Support Explained: Who Pays What

Child support is intended to ensure that a child’s needs are met when the parents break up. Food isn’t the only thing it can help pay for. The money from child support can go toward:

• Housing
• School supplies
• Clothes
• Healthcare
• Other everyday expenses

In Knoxville, the courts will use certain guidelines to determine how much one parent is required to?pay. They look at:

• Each parent’s income
• What parenting time schedule will look like. There will be a description of when the child will be with each parent.
• How many kids are involved
• Added costs (such as?medical needs)

Typically, the noncustodial parent pays child support, and the custodial parent does not. But life can change in an instant. So,?if someone loses a job or suddenly has more time to parent and is working the same number of hours, they can ask the court to modify this amount.

Do You Really Need a Lawyer?

Honestly, not always. If everything is completely straightforward, and if?the two people completely agree about the terms, you might get by without one. But that’s rare.

In general — and especially if there are children or property and/or some?kind of major disagreement — it’s wise to at least consult with a family law attorney. A lawyer can:

• Explain your rights
• Help with legal documents
• Present your case in court
• Keep things fair and focused

A good family lawyer will actually listen to your concerns, answer your questions, and offer advice based on your circumstances.

So before you bring anyone on, inquire about:

• Their past experience with any such cases.
• The kind of?results they’ve achieved for clients.
• How they communicate with their clients.

Many of?these lawyers offer free or low-cost consultations, which could be a great way to figure out whether or not you want to hire them.

Divorce, custody and child support are not just legal issues; they involve emotions too. And in many?cases, they can be deeply personal. While it might be more convenient to skip hiring a lawyer or the paperwork in the beginning, clear, honest advice from a legal professional can absolutely save you time, money and heartache in the long run.

Here’s a brief overview of what we talked about:

• How divorce works: It’s either uncontested or contested.
• The custody issue: The court considers what’s best for the child, with shared or sole custody available.
• Legal help: Sometimes it’s necessary, at least when things get really complicated.
• Mediation: A process for resolving differences before trial.

So if you are just starting the process of divorce?or are in the thick of it, take a breath, educate yourself and get help if you need to.