Divorce

IF YOU HAVE QUESTIONS ABOUT ANY OF THE FOLLOWING PLEASE CONTACT WILTON MARBLE AT (423) 303-8469 OR  wilmarble@gmail.com.

Divorce  

If you are getting divorced or thinking about it you need to know your rights. Divorce and child custody matters are stressful. In the heat of the moment mistakes can be made that will cost you later.

A divorce usually starts with the filing of a complaint for divorce. There are numerous grounds for divorce and if you are thinking about filing a complaint you should consult with an attorney. If you have been served a complaint you should consult with an attorney immediately as usually you have thirty (30) days to answer and if you do not then the other side can get a “default” judgment which basically says that they were right. Also you need to consult with an attorney before closing bank accounts or cancelling/modifying insurance policies as typically there is an injunction against such things that goes into effect with the filing of the complaint.

One of the most common grounds is called “irreconcilable differences” which simply means that both parties agree the marriage is broken and they want a divorce. If both parties agree on everything this ground can be used and can save the time, expense and stress of a trial.

Typically a divorce can be thought of as involving child custody issues and property issues. Child custody refers to the amount of time each parent will be spending with the children and what each parent is responsible for. Property issues included how to divide the property (who gets what) as well as issues of support (alimony etc.).

If the parties cannot agree on everything then typically they must attend mediation prior to going to trial. At mediation the parties, their attorneys and a mediator will meet to try to work out an agreement. If successful this saves the time, stress and expense of a trial because the court can incorporate the agreement into the final decree of divorce. Even if it is only partially successful (for example the parties agree on property but disagree on child custody) it can save time, stress and expense by limiting the issues that have to be tried.

Once the parties agree or there is a trial the divorce is usually concluded by the entry of a final decree of divorce. The final decree will usually include a “marital dissolution agreement” which details the property issues and a “permanent parenting plan” which details child custody.

If there are children involved you should not discuss the case with them or talk badly about the other party in the presence of the children. You may have good reason to hate your spouse but the court will take a dim view of you talking bad about your spouse in front of the spouse’s children.

DISCLAIMER: The above is generalized advice and given for informational purposes only. The above is no substitute for the services of a qualified attorney. Every case is fact dependent and there are exceptions to every statement above.
Therefore, rather than relying on the above alone, you should seek the services of a qualified attorney.
 

You should not talk about your case to anyone other than your lawyer and you should be very extremely careful about what you say on Facebook and other social media. Divorce lawyers love Facebook because of some of the incredibly stupid things people will say on Facebook. And even if you do not say something stupid someone else can say it on your page and you can be harmed by it. For example, if one of your Facebook “friends” posts a picture of you and that hot blonde from the club the other night that could come back to haunt you. You should not be talking about the case at all on Facebook.

IF YOU HAVE QUESTIONS ABOUT ANY OF THE ABOVE PLEASE CONTACT WILTON MARBLE AT (423) 303-8469 OR  wilmarble@gmail.com. 

DISCLAIMER: The above is generalized advice and given for informational purposes only. The above is no substitute for the services of a qualified attorney. Every case is fact dependent and there are exceptions to every statement above.
Therefore, rather than relying on the above alone, you should seek the services of a qualified attorney.