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Online Divorce?

Written by Angel Kane on . Posted in Kane & Crowell Blog.

I hear you can get an online divorce in Tennessee for $199.00. Apparently, you go online, pay with a credit card, and then download the divorce packet. Of course, you have to fill out the paperwork on your own, figure out where to file it, and hope and pray that when you are done, you are divorced. Do consider if you do it wrong, then when you marry again, you may be committing bigamy due to the fact your first divorce was never finalized.

Why, in a million years, does someone do this?

Please email me why you would trust your divorce, custody of your child, child support calculation, preparation of your Will, Trust, or Corporate Charter to fill in the blank form. Is it because it’s cheap? I get it; lawyers are expensive, and you would if you could afford to hire one.

But before you click on that PayPal service and enter your credit card information, give us a call. We don’t want to be beaten out by online services from other states. We want to handle the legal work for our friends and neighbors in the Tennessee Counties we serve.  Truly, the differences between our office and online services are countless.

We Provide Service You Can’t Get from an Online Divorce

But first and foremost, the most important difference is you meet the attorney preparing the legal documents for you. You come into our office, meet our staff, shake your hand, ask questions, and we prepare all your paperwork based on your answers.  And most importantly, we assure you it is done right! Your divorce will be final. Your child support amount will be accurate. The Last Will & Testament can be probated without technical issues. Your Corporation will be properly filed with the Secretary of State.

You can ask questions, and we will answer them. You can make informed decisions about the legal consequences of your actions. We form a relationship so that in the future, you have my name and number and can call me again.

I understand that there is ease and affordability with online services. But the adage – you get what you pay for – rings true with these services.

Allow us to earn your trust and business.  Contact us today for a consultation: https://www.kane-law.com/contact-us/

legal consequences, legal paperwork, On-line Legal Documents

Types of Divorce in Tennessee

Written by Angel Kane on . Posted in Kane & Crowell Blog.

There are two types of divorce in Tennessee:  Contested and Uncontested.

Uncontested Divorces

Uncontested Divorces are amicable and less expensive divorces. In the best of all worlds, all divorces could be handled in this manner. However, you usually need two reasonable people to have an uncontested divorce. However, even an unreasonable person often agrees to an uncontested divorce once they realize they can’t stop it in Tennessee.  And if they try, it can cost them a lot of money.

With an uncontested divorce, we prepare the Complaint for Divorce, Marital Dissolution Agreement, Permanent Parenting Plan and Child Support Worksheet (if there are children), Qualified Domestic Relations Order (if there are retirements to divide), Quit Claim Deed (if there is real estate to divide) and the Final Decree of Divorce. You can be divorced as soon as 60 days if you do not have children together under 18 or 90 days if you do have children.

Often, I can go to Court on your behalf, and neither of you has to step into the courthouse. During our meetings, I explain the law regarding the division of your marital and separate property.  Then, I will prepare the legal documents based on your agreement with your spouse.

Understanding Both Types of Divorce is Beneficial

Contested Divorces

If one party doesn’t agree to the divorce or refuses to sign an agreement under the terms that are fair to you, then the only other way to get a divorce in Tennessee is to file contested. Filing first in these cases can be very important. That is why it’s important to meet with an attorney and know your rights before you file. Or tell your spouse you are considering filing.

In contested divorces, we prepare a different type of Complaint for Divorce where we will state your grounds for divorce. There are quite a few grounds for divorce in Tennessee, and we can help you determine which of those the Judge will approve on your behalf. Contested divorces are served on the other party by the Sheriff or a private process server. Your spouse has thirty days to answer the Complaint. He files a formal Answer to what we filed on your behalf.

Sometimes, however, we can’t wait thirty days to get into Court. We file the appropriate motions in these cases so the Court can make temporary decisions.   Such decisions on custody, child support, visitation, who will live where, and what will be paid until the final hearing. After the initial hearing, we often find the case will settle. Some people just need to “meet the Judge” and become more reasonable. For those that don’t, we proceed to the final trial once all the assets and debts are determined.

At Trial and After Your Divorce

At trial, the Judge will determine custody, visitation, child support, alimony, and the division of the marital estate.  Also, including your home and personal property.

Divorce is difficult—no doubt about it. It is usually one of the worst days of your life. You are upset and don’t know where to turn. You have no idea your legal rights and are often scared and worried about your future. We know how to protect you during the next few months.  We will ensure you are not left financially and personally devastated when it is over.

Often, I tell my clients that one year from our first meeting – they will be a different person.  And I won’t even recognize them. This happened to me just the other day. I walked into Court to handle a post-divorce matter for a client I had not seen in over a year. I didn’t recognize her.  She had lost weight, cut her hair, dressed in bright colors, and had a huge smile. And looked amazing! Also, she reminded me that I had told her she would be a different person one year from our first meeting.

We can help with both contested and uncontested divorce.  Contact us at https://www.kane-law.com/contact-us/

Contested Divorces, Uncontested Divorces

family law, divorice, paternity, custody, child support & visitation

Mediation: A Cautionary Tale

Written by Angel Kane on . Posted in Kane & Crowell Blog.

I am often asked – can we save money if we go to a mediator? The answer, in Tennessee, is both no and yes.  Please read Mediation: A Cautionary Tale, my yes and no answer, and to understand why I titled it this way.

Going to a mediator – before you file for divorce – before you’ve hired an attorney – before you know your rights – is not anything I’d recommend.

Why? Aren’t Mediators there to help us resolve our differences? And to help us save money so that we don’t have to hire an attorney?

In a perfect world, that may be true. Mediators, however, cannot represent either of you or give any of you advice. They can’t tell you, as you are sitting across from your spouse – that the deal you are about to enter into is a big mistake and a Judge would never order you to pay him or her that much money.

Sure – it makes your and your spouse’s life simpler (at that moment).  And it simplifies the mediator’s life – if you go ahead and sign the papers. And sure, it will save you tons of money (at the moment).  However,  after a few months of living under the terms of this agreement (that is completely unaffordable), you call the mediator to have the papers reworked.  Then you find out the mediator cannot represent you in changing those papers.

Mediation:  A Cautionary Tale, Explained

Now you have to hire an attorney, go back to Court, and fix the legal papers you entered into – and it’s never that easy to get out of these agreements! Most of the time, you can’t get out of them. My advice is to hire your own attorney at the very beginning. Know your rights before you sign anything!!!  If you want an uncontested, affordable divorce – tell your attorney upfront.

Tell your attorney you don’t want to spend thousands of dollars on a divorce. You don’t want to go to court.  And that you don’t want to fight and argue for one year. Explain your top three goals in getting this divorce.  Ask your attorney to explain the law, what the Judge will do, and if your goals are possible. Tell your attorney to negotiate the divorce for you with your spouse.

Ultimately, you will spend as much money as you did on a mediator. But the difference is you will have an attorney representing you in the process, and you will have made a very informed decision about your divorce. Take steps to finalize your divorce without regrets.

When is mediation a good thing? When you are in the middle of a heated battle. Or, you both have attorneys charging you loads of money, and you are headed to Court to fight the battle of a lifetime.  But before you go down this path, take three hours with your attorney present, his attorney present, and a mediator present to see if you can resolve the major issues causing this battle.

Ask your attorney to choose a mediator who knows the attorneys and your Judge’s temperament. One that your attorney knows does a good job. Don’t pick one that your attorney has never heard of or one that has never tried a case in front of your Judge. In my opinion, you are wasting your money if you do this. Then let the mediator be a second sounding board for you, your spouse, and your attorneys. In these instances, mediators do their best work.

To schedule a free consultation, contact us at https://www.kane-law.com/contact-us/

Divorce, Mediation

Avoid Social Media During Divorce

Written by Angel Kane on . Posted in Kane & Crowell Blog.

If you are considering or getting a divorce, don’t use social media such as Facebook or Instagram!  It is a good idea to avoid social media during divorce.

As a practicing attorney in Lebanon, Tennessee, social media, such as Facebook,  has become my personal Private Investigator. It has significantly changed the landscape of divorces more than any other tool in recent years. I am not the only one who relies on social media to build a case.  Everyone is looking on Facebook, Instagram, etc., to gather evidence.  From lawyers themselves to the clerks of the courts to the court officers. And by the way…so is your spouse, his or her family, and about 200 of your spouse’s closest friends!

So, if you have met someone new, the last thing you want to do is announce it on Facebook or any other social media. Much less, post photos of your nights out on the town together. You may think it is okay since your spouse is not your friend on social media.  Everyone knows you are divorcing him or her, right?  Therefore, it does not matter if you are dating someone and sharing it on social media.  However, the problem is you are still married, and that is all the Judge knows and cares about.

Why you should avoid social media during divorce

Additionally, chances are one of your 200 friends is also friends with your spouse and will print out the posts of you and your paramour on the beach.  This will most likely become evidence to help strengthen your spouse’s case. Do consider that Facebook and Instagram posts are presented in Court often.

In addition to NOT posting photos of you and your paramour, don’t post ugly comments about your divorce, the father of your children, or any of his family. These, too, will be printed out and read out loud in Court.  Any of these scenarios will leave you looking less than flattering to a judge.

I have two rules I give my clients when they hire me.

Rule Number 1 – do not lie!  

Rule Number 2 – avoid social media during divorce until it is finalized!

If you have divorce questions or need an attorney to represent you contact us at http://https;//www.kane-law.com/contact-us/

Evidence in Court, Facebook, Private Investigator