Divorce, Separation and Pre-Nuptial Planning

Divorce
A divorce on irreconcilable differences is also known as an ID, agreed divorce or non-contested divorce. The parties sign an agreed marital dissolution agreement, and if there are children, an agreed parenting plan. Each party has the opportunity to have a say in the outcome and to fashion a parenting plan optimizing the parenting time for each party. This is the most cost-effective divorce method and usually the most amicable. Diana Bradford strongly believes the parties should work out their differences in many cases rather than going to trial. Contact Ms. Bradford to find out why. 

When the parties are unable to agree on the terms of divorce the parties will proceed with a contested divorce. Grounds for a contested divorce must be alleged in the complaint. Contested divorces will include discovery prior to setting for trial, and certain courts may require a judicial settlement conference after mediation but prior to the trial. A contested divorce with a trial is expensive to both parties and attorney fees may only be awarded at the discretion of the court. The courts are charged with making an equitable division of assets and liabilities of the marriage. Each party should be aware that they may not receive what they want, as the division of marital assets and debts and parenting time is now in the hands of the judge. 

Statutory Waiting Periods
Tennessee Law provides statutory waiting periods for all divorcing spouses. The statutory waiting period begins the day a complaint for divorce is filed. If the parties do not have children, the waiting period is sixty days. If the parties have one or more children, the waiting period is ninety days. During the waiting period, the court may hear motions on the case but is unable to grant the divorce. 

Visitation and Child Support

Child Support
Parents living apart may not determine how much child support they are “willing” to pay or “can” pay. Child support is set through the Tennessee Child Support Guidelines based on each parent’s visitation time, gross income, coverage of health insurance for the child and day care costs. The child support calculator used to determine support is found here. The parents may agree to an upward or downward deviation in support for special circumstances which must be approved by the courts. Learn more about child support by contacting D. Bradford Law. 

Visitation
Divorcing parents are required to have a permanent parenting plan filed with the courts. The parenting plan outlines visitation times with each parent, as well as responsibilities for transportation, decision making, health care and child support. Unmarried parents must petition the court for a parenting plan. A parenting plan is not automatically entered when a parent petitions for child support. A parenting plan protects the rights of both parties and works to ensure the best interests of each child is addressed, including any financial support obligations.  Each parent is entitled to specific rights under the Parent’s Bill of Rights, including telephone calls, access to educational and medical information and notification about out of state travel with the other parent. D. Bradford Law will work with you to formulate a fair parenting plan and file any necessary petitions or motions. 

Mediation 
The courts will do everything in their power to assist the parties in resolving their differences without a trial. If the parties are unable to agree on the terms of marital dissolution agreement and/or parenting plan, the courts will order the parties to mediation prior to setting the matter for trial. Mediation is confidential with a third-party neutral acting as an intermediary between the parties. Your attorney should accompany you to mediation as a Rule 31 mediator is unable to provide legal advice on your case. Diana Bradford is always present with her clients at mediation. 

Wills and Estate Planning

Wills become effective upon the death of the person writing the will, known as the Testator. Prior to the death of the Testator, estate planning documents direct medical care and provide for the appointment of attorneys-in-fact should you be unable to handle your affairs. D. Bradford Law is a trusted resource you can rely upon when planning for your future. 

A Durable Power of Attorney names an attorney-in-fact to address your day to day personal and business issues should you become unable to handle these or are incapacitated. This document provides authoritative proof that your named attorney-in-fact may handle issues enumerated in your durable power of attorney. A power of attorney may be broad in its scope or it may be limited to a specific purpose. Examples include the authority to pay bills, suspend or discontinue utilities, purchase or sell a residence or vehicle, invest or reinvest money and to make advance funeral arrangements. 

The Power of Attorney for Healthcare gives your attorney-in-fact the ability to access your medical records, provide admissions information to a hospital, employ and discharge healthcare personnel, consent to treatment and the power to authorize relief from pain. The Health Insurance Portability and Accountability Act (HIPAA) regulates the privacy, use and disclosure of your healthcare information. The power of attorney for healthcare allows your attorney-in-fact to discuss your prognosis and outcome with your healthcare team and provide informed decision-making for your medical care. 

Living Wills, also known as Advance Directives for Healthcare, communicate your specific wishes to your medical team if you are unable to speak for yourself. This form addresses difficult trauma or end-of-life decisions your medical team request from your closest relatives if an advance directive is not in your medical chart. Because families may be unable to let go of their loved ones during critical times, they may make well-intentioned decisions that do not match your wishes. The State of Tennessee has an advanced directive form available here. You may complete the form with the assistance of your healthcare provider, or as part of your estate planning package with D. Bradford Law.