Memphis attorney Vincent Perryman discusses divorce Odds & Ins with Jason Nowlin

Memphis attorney Vince Perryman discusses divorce odds & ins with attorney Jason Nowlin of www.midsouthattorneys.com. There are several nuances discussed that are common practice for attorneys but not a normal occurrence to people going through a divorce. Under Tennessee code annotated 36-4106 there are a number of mandatory injunctions which either prevent or direct certain actions of each party during the process of a divorce. A good example is preventing either party from selling, dispose of or give away marital property without the consent of the other party. Another injunction is one that prevents both parties from harassing, threatening or assaulting one another or from making disparaging remarks in front their children. One specific injunction that is often overlooked prevents either party from concealing or destroying evidence of wrong doing that either party is trying to hide.

Memphis attorney Vince Perryman discusses divorce odds & ins with attorney Jason Nowlin of www.midsouthattorneys.com. The next logical step in divorce hearings is to establish either temporary child or spousal support. A Pendente lite hearing is Latin for “pending the litigation” or simply a motion for temporary support for a lower income spouse.  The kinds of support that can be requested on a temporary basis include child support, alimony and attorney’s fees.  There is also a process for seeking out a temporary parenting plan. Under Tennessee code annotated 36-6403 provides that a temporary parenting plan shall be incorporated into action for divorce, legal separation, annulment or separate maintenance involving a minor child. If both parties can agree to a temporary parenting plan then no written plan is required. In cases of disagreement both parties can request the court to or dispute resolution, which involves mediation before a neutral party to resolve the issue(s).

Memphis attorney Vince Perryman discusses divorce odds & ins with attorney Jason Nowlin of www.midsouthattorneys.com.  Child support is a calculation that is set by a calculator and is sort of an algebraic method of determining the dollar amount of support payment. Temporary alimony is based on the need of the spouse who is requesting it and the ability of the person to pay from whom the support is being requested. At a temporary hearing a judge will look at an affidavit of income and expenses filed by each party. The judge will hear proof and testimony to determine whether the person who is being requested to pay it can financially afford to pay it, and whether the person asking for support has a real need for the amount being requested. It’s very discretionary with the court in terms of the amount that is awarded as there is no formulaic equation to determine the exact amount of support. Post divorce is also another aspect that comes up during a divorce and means a party wants to relocate once a custody order is in place.