Clarksville Property Division Lawyer

Clarksville Property Division Attorney

The division of a marital estate during a divorce doesn’t have to be contentious. Tennessee provides guidelines but no strict formulas for determining how to split marital property. If you are preparing for a divorce, you can rely on a Clarksville property division lawyer to guide you through the process and ensure your rights are protected.

If you are looking for a legal team that is easily accessible and always reliable, consider partnering with Mathis, Bates & Klinghard PLLC. We have attorneys available on Saturdays to meet with you, and we return communications within 24 hours.

Why Choose Mathis, Bates & Klinghard PLLC

When it comes to your most prized possessions, you can’t afford to work with a legal team that doesn’t fully have your back during a divorce. We understand that estate division matters can be deeply personal and complex.

Our Clarksville attorneys bring a wealth of experience to the table, treating each case with the diligence and care it deserves. Whether you’re navigating asset division, custody agreements, or other family law issues, we are committed to achieving favorable outcomes for you.

How Property Division Works During a Divorce

Tennessee follows equitable division in divorce cases. This means marital property is divided fairly, but not equally, between spouses. The court considers various factors, such as the length of the marriage, each spouse’s financial situation, contributions to the marriage, and future earning potential when determining a fair distribution of assets.

All debts and assets owned by the spouses are divided into marital and separate property. Marital property refers to anything acquired during the marriage, while separate property is owned outright by either spouse. One example of marital property would be a home’s equity that was largely or entirely paid for during the marriage.

It does not matter which spouse earned the money to pay for marital property. In the eyes of the state, both spouses equally “owned” anything bought during the marriage, regardless of which partner earned more.

Separate property includes inheritance and anything gifted to either spouse during the marriage. It also includes assets and debts owned before the marriage and anything acquired after the divorce process begins. Separate property is not subject to division through the courts.

The legal framework of separate and marital property guides how spouses divide their marital estate, but both parties are free to agree to the terms of property division on their own. As long as the agreement does not deprive either party of a fair and equitable portion of the estate, the specific arrangement of which assets are given to whom is left up to the two parties.

In cases where both parties cannot agree on how to divide the estate, a judge may ultimately make that decision for the two spouses by considering what division would be the most fair and equitable.

How an Attorney Can Save You Time and Money During a Divorce

Although Tennessee’s divorce laws aim to provide a framework for fair and equitable estate divisions during a divorce, one party can experience an unfavorable outcome if they do not have strong legal representation. Many protections in our court system are not automatic and require legal counsel to assert their client’s rights actively.

Legal representation can save you considerable time and money by ensuring that the estate division process does not become unnecessarily delayed or bogged down over disagreements between the parties. An experienced family law lawyer brings years of experience in finding creative ways to resolve parties’ disputes.

An attorney can also make sure that the other party is transparent about financial matters. If one party has exclusive access to certain bank accounts and retirement funds, they could conceal those assets to prevent them from being disclosed. Such actions could ultimately backfire, especially if you are represented by an attorney who understands how to ensure the other party discloses all of their assets and properties.

FAQs

Q: What Is the Process for the Division of Assets in a Divorce in Tennessee?

A: In Tennessee, dividing assets in divorce involves identifying and valuing marital property, including assets acquired during the marriage. The court follows equitable distribution, meaning the property is divided fairly but not always equally. Factors like the length of the marriage, each spouse’s financial contributions, and future needs are considered to determine a fair division.

Q: Does Tennessee Have a Community Property Law?

A: Tennessee is not a community property state. Tennessee works under the legal framework of equitable distribution. The courts may allow the division of a marital estate not to be completely equal. Fairness plays a role in determining how an estate should be divided, and the judge’s role is to ensure the final agreement is equitable but not necessarily equal.

Q: Are Separate Bank Accounts Marital Property in Tennessee?

A: Yes. Separate bank accounts are generally considered marital property, even when the accounts are under separate names. What matters more than the name of the account is whether the assets in the accounts were acquired during the marriage or before the marriage. Any property, assets, or debt acquired before the marriage or after a divorce was filed could be considered separate property.

Q: Is Inheritance Considered Marital Property in Tennessee?

A: Inheritance is generally considered separate property. Anything someone inherited during a marriage would likely not be subject to division during a divorce because the separate property belongs outright to one spouse and not the other. Having legal representation can help you distinguish between separate and marital property.

Q: Does Getting an Uncontested Divorce Make Dividing Assets Easier?

A: Yes. Getting an uncontested divorce in Tennessee can make dividing assets easier. When both parties agree on the terms, including asset division, it simplifies the process and reduces disputes and time spent in court. An uncontested divorce allows couples to negotiate fairly and avoid the lengthy, contentious proceedings often seen in contested divorces.

Schedule Your Property Division Consultation Today

Property division during a divorce can be complicated, but it does not have to be contentious. By working with Mathis, Bates, & Klinghard PLLC, you can rely on our many years of experience and dedication to client-focused representation. We believe open and consistent communication with our clients builds trust and yields better outcomes in family court.

Whether you seek legal counsel for a divorce, child custody dispute, or domestic relations-related matter, you can count on Mathis, Bates, & Klinghard PLLC to deliver results. To schedule your property division consultation, contact our office today.