Clarksville Divorce Attorney Blog

Military husband allegedly forged divorce decree

2012-05-18T18:15:09Z

Many Tennessee individuals have realized that they want to get a divorced from their former loved ones. However, what if one was not permitted to do so because of a crazy technicality? That is the case in a recent story.

A 48-year-old woman that was married to a man -- an active member of the military for 20 years -- is attempting to finalize her divorce. The thing standing in her way is not her husband but what her husband allegedly did, which was forge a divorce decree. The couple met in 1991, married in 1992 and split in 2008. According to papers, though, the military divorce had occurred in 2006, more than a year before the actual split.

]]> In July 1991, the man had been flying from Fort Knox to Fort Hood on a plane where the 48-year-old woman was a flight attendant. In May 1992, the couple married just outside of Fort Hood. That same year, she became pregnant with their first child. Three children and several assignments later, the couple moved in 2005.

The marriage was on the rocks, and after the two formally separated, another assignment came in 2008 and the man was accompanied by another woman. His estranged wife requested a divorce and he e-mailed her divorce paperwork, which he asked her to sign. According to the man, it would be a quick and uncontested divorce.

Instead of instantly signing, she decided that she should talk to a lawyer -- a wise move that military couples divorcing should heed.

When the man married his second wife in June 2008, no divorce had been made. Despite this, he said that he was divorced on the marriage license. According to reports, he had filed a divorce decree with the Army but officials have said that the document is not valid because it's a fake.

Now, the man has been charged with bigamy, forgery and adultery. A hearing will be held soon to discuss if there is enough evidence for the man to be tried. Ultimately, this alleged blunder has stood in the way of the wife's freedom.

Source: The News Tribune, "Soldier's wife seeks justice in bigamy case," Christian Hill, May 6, 2012

Stressors of foreign wars can affect relationships at home

2012-05-04T18:37:13Z

For more than a decade, the military has been doing battle overseas. The stressors of war are numerous, and many soldiers have been afflicted with injuries, both physical and mental. In addition to injuries that are diagnosable, some relationships have been seriously injured. For those marriages that have at least one spouse away at war, the emotional strain can be intense enough to cause a military divorce.

To get a better look at this issue, U.S. Special Operations Command -- which oversees the Army Rangers, Green Berets, Navy SEALs and Delta Force, among other elite groups -- conducted an internal study last year. Seven thousand troops and 1,000 military spouses were brought in to participate in focus groups at military locations around the world. Researchers found that many married couples were remaining together because soldiers were too busy in combat zones to begin the divorce.

]]> This issue is not specific to Special Operations. Statistics show that divorce in the Army has risen by 25 percent since 2005. The divorce rate, according to the Pentagon, has risen from 3.2 percent to 4 percent. In 2009, federal data showed that the divorce rate was 3.4 percent.

More than a year ago, a member of Delta Force began speaking to groups of veterans from special operations. The 50-year-old man is the recipient of seven Bronze Stars and participated in the street battles in Somalia during the Black Hawk Down incident.

The man and his wife relay the lessons they learned from the near-split of their 22-year marriage. The two recently spoke to 30 veterans on the ability of battle to affect a marriage. Their endeavor is a part of a broad initiative to address the stress that many members of the military experience on daily basis.

Source: USA Today, "Married special-operations troops feel strain of war," Gregg Zoroya, Apr. 24, 2012

Domestic violence bill passed by Tennessee House

2012-04-24T20:09:13Z

The Tennessee House recently passed a measure that will require the incarceration of those convicted of multiple domestic abuse charges. The House passed the measure, proposed by Gov. Bill Haslam, by a vote of 98-1. Concerns over funding for the additional jail time that is likely to occur seemed to be brushed aside.

If passed by the state Senate and signed into law, convicted domestic abusers will be jailed for 30 days after their first offense. The second offense will also have an additional 30-day mandatory jail sentence. Any subsequent offenses will see the person jailed for at least 90 days. These required sentences will give the abuse victims time to find a solution to the circumstances, which may include divorce if the couple is married.

]]> As previously reported on by this blog, the original bill would have seen those twice convicted of domestic violence placed in jail for a minimum of 45 days and those convicted a third time in jail for 120 days. A committee amended the bill.

Many politicians were worried about the additional costs this would bring to the government. The proposal would see that most of the costs were carried by local governments. The singular vote against the measure came from a representative who said that he did not want to created mandates that are passed on to local governments.

An agreement was struck between local governments and Haslam, in which the state will increase its reimbursement to local jails by $2 per day, which will cost the state approximately $4 million per year. The bill's sponsor said that the governor's budget currently covers more than half of the estimated costs for the measure -- approximately $8.1 million. Some believe that the program could have been fully funded by the state.

But it's better to give law enforcement more tools to hold domestic abusers accountable. And while the abuser is spending more time in jail, it could give the victim more time to get their affairs in order to move on, especially if that includes getting a divorce.

Source: Associated Press, "House votes to boost mandatory jail time for domestic abuse despite funding concerns," Erik Schelzig, Apr. 18, 2012

Make sure you have plenty of support during divorce

2012-04-19T13:53:13Z

It is not uncommon for a marriage to end in Tennessee. Unlike several generations ago, divorce is accepted and understood by the public. Though many people have experienced a divorce, few understand that the process does not have to be one filled with conflict. This is where mediation and other pieces of advice can come in handy.

According to some, divorce mediation is the cheapest and most beneficial way to approach a divorce. Meetings between the couple are overseen by the mediator, as he or she facilitates the process of the split. Agreements are struck up concerning marital assets, child custody, alimony and any other priorities that the couple may have.

]]> Many that have successfully used mediation say that this route is the most amicable route for a couple, allowing both spouses to work together on the divorce rather than against each other.

Some other suggestions that may help working toward a healthy divorce rather than an adversarial one include getting emotional support and considering the future.

Emotional instability is common during a divorce; many spouses experience feelings of guilt, grief, anger, betrayal and disappointment. All of these feelings can have negative side effects, so seeking emotional support is a wise choice, especially if you do not want these feelings to become part of the divorce process. By taking a long look at the future, one may realize that they do not want these emotions tied to the divorce process.

A healthy divorce can be the groundwork for the rest of your life. If your divorce does not go well, it could mean that you will have emotional wounds that will be reopened every time the memories are brought to mind. Worse yet, it could mean future visits to court and disputes over support or assets.

Source: Huffington Post, "8 Secrets to a Good Divorce," Eileen Barker, Apr. 11, 2012

Surviving domestic violence is possible

2012-04-10T19:54:47Z

Some families in Clarksville, Tennessee, are dealing with one of the toughest situations a family will ever have to face: domestic violence. Domestic abuse is about control and the abuser's power over the abused. While divorce is an option, many abuse victims are afraid of changing the situation in any way.

While the future and the unknown events associated with it may scare some, it is likely that a life after detaching the abused from the abuser will be better. That is how one woman and her four children survived.

]]> She and her husband met when they were 26 and 28 years old, respectively. The mother was finishing her training as an x-ray technician in Knoxville, Tennessee, while the father was working on an MBA at the University of Tennessee.

When one of their children turned 11, the woman decided she would leave her husband and take the children with her. The children had recently watched their father choking their mother over the kitchen sink.

Many psychologists agree that domestic violence is a learned behavior, and those who are afflicted by it are more likely to commit similar acts in the future.

After filing for divorce, the woman was pleased when it was granted based on the cruel and inhumane treatment she had been subjected to; this divorce occurred when no-fault divorce was not an option in the state. She was ready to start over and was determined to raise her children well. The results of her endeavors have given her a family that loves her. According to her son, she is now 83 years old and remains a very independent woman.

If someone is the victim of domestic violence at the hands of a spouse, it's important to reach out to police and a family law attorney, to begin the process of getting a restraining order and possibly starting divorce proceedings.

Source: La Mesa-Mount Helix Patch, "A Mother's Love: Domestic Violence Survivor Shares His Story," Kimberly Weisz, Mar. 31, 2012

Are family courts biased against fathers?

2012-04-04T17:59:05Z

Fathers in Clarksville, Tennessee, may want to pay attention to how court proceedings go when they are in the midst of a custody case. According to some, fathers do not receive the same rights that mothers do, and they are often dismissed as less-than-ideal parents for the child, simply because of their gender. The rights of the father are being neglected in some courts, and this neglect should be brought to the forefront so that it can be discussed.

One of the major worries that fathers hoping to receive custody of their children have is the kind of man that their child's mother will choose in the future. What if an ex-wife decides to marry a man who is abusive? The amount of physical and emotional harm that could come to the child is immeasurable, and it should worry fathers who trust the court system to rule without bias.

]]> This bias could be allowing mothers to lie about fathers so that they can acquire full custody. Even in a joint custody situation, this bias could leave a father as the noncustodial parent, allowing him to only see his child once every few weeks while forcing him to pay child support for a son or a daughter he rarely sees.

According to some, mediation may be the best place to ensure the rights of the father and the child are protected. If mediation is happening in a timely fashion and neither party is being misled, the mediation may be going properly. Support and custody settlements can be agreed upon here before heading to court, allowing for a much smoother transition.

Fathers who become victims of this gender bias during a custody battle spend longer times without their child or children, which could degrade the bond that was created while the family was together.

Source: Times-Standard, "Court system neglects rights of fathers, children's well-being," Brian Payton, Mar. 23, 2012

Against Women Act to be reauthorized this year

2012-03-28T21:31:31Z

Nearly two decades ago, the U.S. Congress made a move that gave victims of domestic violence in Tennessee and elsewhere a bit of hope that their situation could get better. In 1994, federal legislators passed the Violence Against Women Act, and it gave family law a way to truly begin combating the effects of domestic abuse.

According to at least one expert, the VAWA is the support structure that many efficient programs need to continue. This year, it is time for Congress to reauthorize the act. Supporting it will likely help countless victims throughout the nation.

]]> The legislation that is set to be reauthorized by a bipartisan group aims to enhance the abilities of service providers, law enforcement and state governments so that each of these organizations can work toward a safer environment for victims of domestic abuse. Domestic violence is not the only specific target. Legislators are hoping to give organizations the means to defeat stalking, sexual assault and dating violence, as well.

In addition, the bill aims to streamline the infrastructure on which the process relies by combining 13 different programs into four. Resources will be placed quickly in the hands of victim service providers, law enforcement and prosecutors. At the same time, administrative costs will be lowered.

In previous reaffirmations, Congress supported the VAWA unanimously. These occurred in 2000 and 2005; they likely gave victims and service providers alike the ability to assist those being abused at a much faster rate.

According to statistics, the passing of the VAWA in 1994 has coincided with a 53 percent decrease in the occurrence of nonfatal intimate partner violence. Along with that, a 34 percent decline in the number of women killed by an intimate partner has also been seen. The same statistic for male fatalities is now 57 percent lower than it was before the VAWA was turned into law. For this reason, many advocates push for the reauthorization of this act, hoping that its implementation will continue to bring success to victims of domestic violence.

Source: Chicago Tribune, "Max Baucus: Work is Not Done to Combat Domestic Violence," Max Baucus, Mar. 20, 2012

Mediation could save divorcing couples money and time

2012-03-22T02:43:14Z

Divorcing couples in Tennessee may want to consider an option that many should be aware of, but far too little use. That option is mediation, and it has the ability to make the divorce process much less painful, both emotionally and financially.

Many experts agree that mediation is better for a couple than heading directly to divorce court. While emotions can run high in both situations, conflict is far more likely when a couple is hashing out its agreement in court.

]]> One of the things that make some experts believe that mediation is better is that it is overseen by lawyers who specialize in the process of divorce. This allows them to better understand what can cause conflict to arise. Through this understanding, the situation can be addressed appropriately and another session can be scheduled so that tempers do not flare up.

In an example of mediation, two mediators were sitting with a couple, overseeing the discussion of their finances. They had spent more than an hour addressing the topic but had not agreed with each other for more than 30 minutes. One of the issues with the divorce process -- and the mediation process, for that matter -- is that compromising with a person that you no longer want as a spouse can be exhausting.

Due to this fact, one of the mediators decided that the meeting should end, and the couple agreed. But in mediation the meetings can always resume.

According to some, choosing mediation before court can allow costs to be cut considerably. Instead of having a high-conflict divorce case, most of the decisions are already made and the time spent in court is used for the finalizing of a settlement, rather than creating the agreement from scratch.

Source: The Guardian, "A working life: the divorce mediator," Jill Insley, Mar. 9, 2012

Tennessee man in international custody battle tries to sue judge

2012-03-15T02:21:06Z

An international custody dispute has left a father from Tennessee frustrated and, at one point, behind bars in Japan. The rights of the father have been seemingly taken away by what he believes could be blamed on the presiding judge, who was once a mediator for the couple.

Originally, the man and his wife moved from Japan to Franklin, Tennessee, in June 2008. They separated soon after and filed for divorce. The couple began mandatory mediation, and an attorney was appointed by a judge. This attorney would later become a judge for the district.

]]> A custody agreement allowed the woman to take the couple's children to Japan during summer vacations. Another part of the custody determination said that she would have to maintain a residence in Tennessee within 100 miles of her ex-husband.

In February 2009, the woman sent an e-mail to her ex-husband suggesting that she did not like their children becoming American and did not want them to lose their Japanese identities. A restraining order was put in place banning her from leaving the country, especially with the children.

A hearing was then scheduled to address the restraining order, and the mediator was now their judge. In August 2009, the father was awarded sole custody of the children, and the mother took both children to Japan and did not return. She was charged with felony custodial interference.

In later September, the man traveled to Japan and took the children from their mother while they were walking to school. He was arrested and spent 18 days in jail.

More recently, he attempted to sue the former mediator and current judge, believing that his decisions during regarding the restraining order allowed his ex-wife to legally kidnap. A three-judge panel from the U.S. Circuit Court of Appeals said that the suit was not valid, and the judge was entitled to judicial immunity in this case.

Many parents have had trouble getting back a child taken to Japan, because it used to not honor international child custody conventions. The best course of action is to work with the government and an attorney in attempting to reach a resolution.

Source: News Channel 5, "Court Rejects Suit By Tennessee Dad In Custody Case," Mar. 6, 2012

Military marriages are hard, many end in divorce

2012-03-06T21:08:29Z

In Clarksville, Tennessee, there are many marriages that include someone in the military. In some of those couples, both the bride and groom may be active military members. This can be a strenuous lifestyle, but it can also be rewarding if the couple can make it work.

But the fact of the matter remains, not all marriages succeed. And with such a stressful career, it may not come as a surprise to know that military divorces do happen. According to some, nearly 50 percent of all marriages in America end in divorce. This rate may be seen similarly in studies of military marriages.

]]> Interestingly, some pressures to get married exist in the military that do not exist in civilian life. When both individuals in the relationship are stationed at the same location, the relationship may seem simple, but a permanent change of station order can alter that quickly. In order to ensure their ability to see each other again, a couple may decide to get married.

Some suggest that this impending pressure can cloud the judgment of a couple, getting both to jump into a marriage that they would not have consented to if they were not in the military. Even with the marriage, the couple could still be separated for a considerable length of time due to deployments.

These separation periods can be tough for spouses, especially for those who do not trust one another and cannot communicate.

One couple was married for 17 years before both joined the military. They suggest that before a "mil-to-mil" marriage occurs, the couple should consider the benefits and disadvantages. Faithfulness and honesty are both crucial to the marriage if neither wants it to end in divorce. Lucky for this couple, the trust had already been established before joining the military.

Source: DVIDS, "Before taking the plunge-What you need to know about mil-to-mil marriage," Susan Davis, Feb. 24, 2012

Custody determination may become less biased soon

2012-02-29T15:31:02Z

Some fathers in Clarksville, Tennessee, know how hard it can be to win custody of their child if the relationship with the mother goes sour. The rights of a father can be questioned by a biased system in some states.

According to at least one representative in another state's legislature, the determination of custody is often biased against men. That is why he hopes to see a new bill turned into law, which will eliminate any discrimination against a parent based on age, religion, nationality, race or gender during the custody determination.

]]> A tragic, single-car accident in 2011 that took the life of a 3-year-old girl helped spur a call to action. The driver, the girl's mother, at the time of the crash had both marijuana and Oxycontin in her system.

The girl's grandparents asked the representative spearheading the bill for help. According to some, the court had given the mother custody of the child despite the father's clean record. He was a loving father who owned a home and had a job.

The bill, if passed, will give joint custody arrangements more weight in court proceedings. It presumes that joint custody of children is the second-best situation for the success of a family behind a happy marriage, which as most everyone knows is not always possible.

It wasn't that long ago in Tennessee that fathers only got to see their children two weekends a month. Fortunately many judges are starting to recognize the benefit of joint custody arrangements. Fathers who worry about never being able to see a child should consult with a family law attorney.

Source: KSL, "Fathers' custody rights getting attention in Legislature," Ladd Brubaker, Feb. 20, 2012

Couples should address finances openly

2012-02-22T17:13:23Z

Some couples in Clarksville, Tennessee, have a hard time dealing with finances. When getting married, experts suggest discussing financial details openly rather than keeping things from one another. If the marriage ends, this can make the division of marital assets much smoother.

Interestingly, some believe that couples that speak openly about finances are more likely to stay together. It seems that couples that understand one another financially can work through many different issues without a struggle.

]]> Say one person in a couple is a saver and the other is a spender. When sharing a bank account, this can get extremely frustrating. As one person saves and the other one spends, it may be the case that one person is getting all of the benefits while the other one is taking on the burden of keeping his or her money in case of an emergency. This can lead to arguments quickly.

Some suggest creating a joint account that contains the majority of the couple's money and then having two individual accounts that have allowances deposited into them each week. However the individual accounts are spent is up to the person that it belongs to. This way the saver and the spender can control something on their own.

Without financial communication, a couple may begin spending with the intention of hiding it. This can lead to serious arguments, which could lead to even larger problems for a couple. Those couples with a considerable amount of wealth -- depending on which spouse was the wealthier one heading into the marriage -- could stand to lose a lot.

Similar discussions should be had when discussing investments. Some people are more open to risk so they may be willing to take on more volatile stocks. Others may want to stick with guaranteed investments so they know that their money will still be around when they need it. If investments are part of a retirement plan, that can also be affected by a divorce.

Source: The Spec, "Talk money often to keep up the love interest," Julie Shea, Feb. 15, 2012

Why every engaged couple should discuss a prenup

2012-02-18T16:45:55Z

There is no doubt that having a prenuptial agreement can make property division easier in a divorce. But that is not the only reason to discuss one with your fiancé before tying the knot. As a recent article from Reuters pointed out, taking the time to talk realistically about finances can actually do a couple a lot of good.

Reuters reported that disagreements over money is one of the most common reasons for divorce, so getting financial issues resolved before the marriage begins can end up saving a lot of strife during the marriage, and maybe even the marriage itself.

]]> A prenuptial agreement won't be right for some couples, the Reuters article explained, but at the very least, it opens the door to discuss important financial issues that otherwise could be swept under the rug.

Of course, a prenuptial agreement also allows a couple to exercise more discretion over their assets in the event of divorce, instead of being at the mercy of a judge. Additionally, a prenup can be updated at any time during the marriage.

According to the associate director of education at the American Academy of Estate Planning Attorneys, people are getting married later in life, which makes prenups all the more important. This is because people are entering marriages with careers and assets that they have established on their own.

Another circumstance where prenups are important is in second or third marriages where there are children from past relationships. A prenup can ensure that these children are provided for in the event of divorce or death.

Finally, it's important to remember that a prenup has to be executed properly in order to hold up in court. That is why it's a good idea to consult an experienced family law attorney in your area if you and your fiancé decide that a prenup is right for you.

Source: Reuters, "When Valentines and prenups go together," Kathleen Kingsbury, Feb. 15, 2012

Facts about the Financial Impact of Divorce in Tennessee

2012-02-16T03:02:36Z

Deciding to divorce your spouse can be a difficult decision, in no small part because of the impact it has on yourself, your children and your relationships with family and friends. Of course, it can also greatly impact your finances.

One of the biggest concerns among those facing divorce is how their property is likely to be divided upon the dissolution of the marriage. One option that a divorcing couple has is to come to an agreement about the division of their property.

]]> In cases where a couple cannot agree, however, a court will step in and make decisions about how marital property should be divided. In Tennessee, courts seek an equitable division of marital property. This means that courts will divide all property acquired during the marriage, no matter which spouse purchased it, in a way that is fair, without regard to questions of fault.

Contrary to what many believe, an equitable division does not necessarily mean that each spouse gets 50 percent of the marital property. In making its decision about what sort of division is fair, a court generally considers:

· Length of the marriage

· Earning potential of each spouse

· The age and health of each spouse

· Contributions - both financial and otherwise - of each spouse to the marriage

If you or someone you know is considering a divorce, contact an experienced divorce attorney. A knowledgeable divorce lawyer can assess your case and provide counsel about how a divorce is likely to affect you financially. For more information, contact a divorce attorney today.

Source: Forbes.com, "Legal Separation or Divorce: Which is Better Financially?" Jeff Landers

Smartphone contents used in divorce cases

2012-02-14T17:07:50Z

Tennessee residents pondering divorce should take note: Their smartphone could be used as evidence in court.

A recent survey conducted by a family law association shows an increasing amount of evidence being taken from smartphones is showing up as part of divorce cases. Text messages, according to the head of the American Academy of Matrimonial Lawyers, make for effective evidence because they show in writing what at least one party in the divorce is thinking and doing.

]]> While phone search warrants can provide enough evidence to arrest a suspect, they also can make a valuable contribution to divorce cases, experts said. Cellphone carriers might be forced by search warrant to turn over text messages and other smartphone records, but a divorcing spouse can save and voluntarily share any text messages that might help to prove his or her case.

In divorce cases that use smartphone evidence, 62 percent of the cases involve text messages, according to the survey. Next come e-mails, which represent 23 percent of the evidence, followed by phone numbers and cell records at 13 percent. GPS and Internet search histories combine to make up 1 percent.

And just as divorcing spouses have learned that information gleaned from social media sites like Facebook can contain damning information in a divorce case, so can smartphones. As Americans are slowly starting to learn not to use social media sites to share photos or other content they wouldn't want significant others, law enforcement or employers to see, they should consider transfering that caution to the smartphone.

Source: Huffington Post, "Divorce Evidence: Smart Phones Increasingly Used As Source," Feb. 10, 2012