Division of Marital Property and Alimony in Long Term Marriages: TN Court of Appeals Decision in Pettijohn vs PettiJohn

The Tennessee Court of Appeals today released a new opinion that looks at the division of marital property and alimony for couples who are divorcing after a long term (20+ years) marriage.

My review of this case is for normal, everyday people  who are looking at going through a divorce and not lawyers. This is a very non-legal review and looks at the division of assets and alimony, not upon the procedural and legal aspects of the appeal. If you’re a lawyer looking for detailed insight, this isn’t the place to find it. But if you’re someone who may be going through a divorce and wants to understand more about what happens in divorce cases then keep reading.Memphis Alimony and Divorce

For those of  you want to read the Court’s opinion in it’s entirety you can view the Pettijohn vs. Pettijohn case here.

But for the rest of you, here are the nuts and bolts of the 15 page decision.

Facts:

The couple had been married for 24 years when the wife filed for divorce based on inappropriate marital conduct and irreconcilable differences. The inappropriate marital conduct claimed by the Wife was the fact that her husband consumed too much alcohol and mentally tormented her. She offered proof of this torment and it’s negative affects on her through testimony of her physician.

The divorcing couple had two children. One was a minor (15) and one was an adult (over 18).

The wife had spent much of her prime employment years as a homemaker and caretaker for the children.

Wife had recently started back working making approximately $20,000 per year. She had no education and was approximately 52 years old.

Husband was the primary bread-winner and earned almost $100,000 per year.

The couple had no outstanding debts. The total net worth to be divided between them was valued at roughly $480,000. This included his $210,000 401(k) and the couples fully paid for home valued at $175,000.

Decision of the Divorce Trial Court:

The trial court divided the marital property almost 50/50, with the wife getting only $4,000 more in marital property.

The trial court also found that the husband was to pay $750 per month as alimony in futuro as spousal support to the wife. However, this alimony was to increase to $1,750 in three years when the minor child became an adult.

Here the big kicker in this case. The court also ordered that the husband pay the wife his one half interest in the marital home as alimony in solido (a one time alimony payment). This effectively meant that the wife now received 69% of the assets and the husband only 31%.

The Appeal:

Obviously, the husband wasn’t thrilled with this decision. He appealed and wanted the Tennessee Court of Appeals to make a few changes.

The Husband felt like the 50/50 division was more appropriate. He had no problems giving his (ex)wife the house but wanted the court to allow him to keep $87,500 worth of his 401(k) to offset the value of his half of the house. He did not want her to have half of his retirement plus his half of the house as alimony.

He also wanted the court to only allow the wife monthly alimony payments for 72 months. His argument was that he would then be retiring and she shouldn’t get any monthly payments from him then.

The Decision of the Court of Appeals

The Court of Appeals affirmed (didn’t make any change to) the trial court’s decision.

The Reason

They found that the trial court was correct in ruling that the wife was economically disadvantaged, and at her age she could not be “rehabilitated” by going back to school and learning a skill that would allow her to get a job and reach the income level that was accustomed to during the marriage.

The wife had spent the majority of her marriage looking for and taking care of the house and children to the detriment of seeking an education or a job.

The court felt that it was appropriate for the wife to be given the alimony in solido that came in the form of her (ex)husband’s half of the house. They felt that she would never be able to earn enough income to afford a similar house on her own and it was within the reach of the trial court to give the property to the wife. In the court’s opinion the husband made five times more than the wife and would be able to continue the lifestyle he was used to, even after the divorce. And additionally he would be able to afford to purchase a home or live in a similar home.

The court also determined that the ongoing monthly alimony was appropriate because she would also need it to be able to continue her lifestyle.  And the court found when looking into her projected monthly income needs that this payment would be needed  every month indefinitely and should not be stopped in 72 months.

My Take

I believe that both courts were correct in the decision they made.

Undoubtedly the wife could have pursued her career and further educated herself if it was not for the fact that she took care of the children and the home. It seems that this arrangement was agreed to by both her and her husband.

She was entitled to an equal share of the marital assets. And between her monthly income from her job and the $1,750 of alimony in futuro her monthly income would still only be roughly $3,400 per month. This is still much less than the $10,000 per month she was accustomed to having each month with both her and her husband’s income.

Allowing the wife to have her husband’s interest in the home as alimony in solido was the best way to compensate for the continued disparity between her and her husband.

Jami Ferrell is a Memphis divorce attorney who represents women going through divorce. If you have questions you may contact him at 901-754-1340 or by email at James@MemphisDivorceFirm.com.

“What Happens If I Don’t Attend the Parenting Class Seminar in My Memphis Divorce?”

Some you who are considering divorce and have children under the age of 18 may already know by now that you are required by the court to attend an approved parenting class seminar if you’re going through a divorce here in Memphis, TN.Memphis parenting classes help you during your divorce

But will you even be able to get a divorce if you don’t go to the class?

And have you ever wondered what happens if you don’t attend the class?

Well, here are the answers for you.

First the answer to question number one. Technically a judge or chancellor can not keep you from getting a divorce just because you haven’t attended the parenting seminar class.  (Take a look at T.C.A. § 36-6-408(c) for this rule.)

But if you’re getting a divorce in Memphis you really need to highlight the term “technically”. That’s because pretty much every judge in  Shelby County is going to make it a requirement that you attend the parenting class. And if you refuse to go to this class and let this be known to the court (judge) then you’re likely going to have a long battle on your hands showing the judge why you don’t have to attend the class. That just means paying more money to your divorce lawyer. And most Memphis divorce lawyers do not want to make the judges angry with them by fighting over something such as parenting class attendance.

Now the answer to question number two. You just learned that technically you don’t have to attend the class to get a divorce. But here’s the catch. A judge can (and will) order you attend the parenting class when he grants the final divorce decree. If you do not then attend the parenting class you will be held in contempt of court.

If you’re held in contempt of court you can be made to pay either heavy fines or jailed, or both. And this contempt of court can be ongoing until you eventually take the parenting class.

So, although you don’t have to attend the class to get your divorce, if you want to live life outside of a jail cell it’s highly advisable that you go ahead and attend.

As a Memphis divorce lawyer I highly advise you to go ahead and take the parenting class as soon as possible. The class will last four hours and is geared towards helping you learn more about what to look for in establishing your parenting plan with your soon to be ex-spouse. Because of this it’s best to take the class before you agree to the parenting plan, especially when your looking into an uncontested or irreconcilable differences divorce.

Jami Ferrell is a divorce attorney in Memphis, Tennessee who focuses on helping women. If you would like more information you can contact him at James@MemphisDivorceFirm.com or by calling him at 901-754-1340.

Making the Decision to Seek a Memphis Divorce

Deciding on whether to divorce your husband is always going to be an emotional decision. Even if marital breakdown has occurred to the point where you do not have any romantic feelings left for him, it can still be difficult.

The two of you have built a life together and both of you will face some major changes if you decide to end your marriage. That’s why it vitally important to be as logical about your options as possible when deciding on whether or not you should pursue a Memphis divorce. Every relationship is different and everyone reacts differently to the trials, tribulations, and the arguments that come with being married. Make sure the decision to get a divorce doesn’t come lightly.

Was the breaking of the bond of trust a big factor making you consider a divorce?

For example, did a particular event cause you to want to get divorced? Will you be able to recover from this event? Will you be able to truly move on from this event without reliving it in your mind for the rest of your marriage? And was this a one-time event or was it part of an ongoing series of events?

You also need to look at the overall health of your marriage, and your ability and willingness to continue to pursue the marriage. This means not only do you want to try to make things work, but is your husband also going to make changes and actively work on making the marriage viable.

You need to have a plan for what your post divorce life will be like.

Take a good and honest assessment of how you will be able to manage yourself financially. Where will you live, how will you support yourself, and how will your children handle the effects of your Memphis divorce?

Sometimes it’s easy to decide that you must divorce. These are usually in cases where some type of physical abuse is occurring and you MUST leave the marriage immediately! Under this type of circumstance the decision to divorce is one that must be made and is always in your best interest. However, in some situations it may be best to try to work through the issues causing strife in your marriage. If you do decide that the only solution to your situation is to seek a divorce you should contact a Memphis divorce attorney that you trust to seek advice on the steps to take. It’s important that you don’t make mistakes that could hurt you.

If you have any questions the Memphis divorce attorneys at the Ferrell law firm would be happy to attempt to answer these for you. You can learn more by calling them at 901-754-1340.

It’s January – That means it’s “Divorce Season”

With the beginning of the new year each January there are a lot of changes that couples pledge to make. They want to build muscle, lose weight, and often they want also want to lose their spouse. I know because each and every January the phone calls start pouring in to our law office from people wanting to get divorced.

Is it the desire to change where they are? A resolution to start their life over? Or is it that they simply can’t go on living married to their spouse? Probably a combination of all of these things.

But the two biggest reasons I hear from my Memphis, Tennessee clients for wanting a divorce are created by the Holidays and Uncle Sam.

How so? Well, it seems that many couples will do or overlook almost anything to avoid filing for divorce between Thanksgiving and Christmas. Call it nostalgia, hopefulness, or just wishful thinking, but many couples feel that if they can just hold it together during this period that things will turnaround.

Unfortunately, it’s usually the exact opposite that happens. Spouses begin arguing a lot more when the nights become longer and they are “forced” to spend more time together during the holidays. And if there any tension that may have existed with the “in-laws” is usually exacerbated after having to listen to the same old stories and complaints over and over again. By the time the new year is brought in these couples are usually so ready to bail out of their marriage that they would crawl over barbed wire to get to the nearest divorce lawyer.

One of the biggest obstacles that spouses who want to get divorced face though is the cost of getting a divorce. Although uncontested divorces are relatively inexpensive, these days many couples don’t have a lot of extra cash lying around. And the costs only increase if it looks like the divorce will be contested. But luckily that’s where Uncle Sam comes in.

Our government is nice enough to start processing tax returns right around the end of January each year. And that means that a lot of couples suddenly find themselves not only wanting to get a divorce, but also with a sizable tax refund that allows them to afford the divorce.

The perfect storm combines the “season of change” mixed with disgruntlement and an influx of cash to create the “Divorce Season”. This season will last until mid to late April before it fades away into the “Summer of Hope”.

Jami Ferrell is an attorney practicing law in Memphis, Tennessee. He may be contacted at james@lawferrell.com

Be on the lookout for our new Memphis divorce billboard

I’d like to thank all of you who helped us design our first billboard here at the Ferrell Law Firm. When I decided to create this billboard and advertise our Memphis divorce law firm services to the public I knew that you guys, my clients and friends, were the people who should help me make the decision on what should be on the ad.

Your input, via email and our online survey, told me that you wanted something that wasn’t “old” or “boring” and that didn’t glorify divorce. You wanted something simple, easy to read and had our telephone number and website listed prominently.

I hope you guys like the end result. And again, thanks for your help in creating this billboard and for helping us become one of the best divorce law firms in Memphis.

Jami Ferrell

Updated List of Memphis Parenting Class Providers

If you have minor children and are going through a divorce here in Memphis by law you MUST attend a parenting class or seminar.

Section 36-6-408 of the Tennessee Code requires that any time a parenting plan is entered with the court both parents are required to attend a parent education seminar. You are required to attend this seminar and show proof of your completion of the class by providing the court with certificate of completion from one of the approved providers listed below.

The list of providers here in Memphis was just recently updated. And I would like to thank Memphis divorce counselor and parenting class provider Willie Holcomb of Adult, Child and Family Counseling for notifying me of this.

Here is the list of providers for this service.

Please remember that you need to complete this class within 60 days of your divorce complaint being filed.

Adult, Child and Family Counseling
Willie Holcomb
2964 Ole Bartlett Court, Suite #6
Bartlett, TN  38134
Phone: (901) 237-4969
Fax/Phone: (901) 881-6171
www.acfcounseling.com

The Exchange Club Family Center
2180 Union Avenue
Memphis, TN  38104
Phone: (901) 276-2200
Fax: (901) 276-6828

Paula Honeycutt / Children of Divorce
P O Box 38774
Germantown, TN  38183-0774
Phone:  (901) 755-7747
Fax:  (901) 737-1534

Jewish Family Service
6560 Poplar Avenue
Memphis, TN 38138
(901) 767-8511

Christian Psychological Center
3978 Central Avenue
Memphis, TN  38111
Phone:  (901 458-6291
Fax:  (901) 323-4848

Doyle Family Counseling
Matt Doyle
110 Timbercreek Drive
Cordova, TN 38018-4234
(901) 309-0719

Family Services of the Mid-South
David Frankle
2430 Poplar Avenue
(901) 324-3637

Mind-Steps
6401 Poplar Avenue, Suite 306
Memphis, TN 38119
(901) 869-0520

Turning Point Counseling
Bobby Scott, MA, LMTT
7183 Goodman Rd, Suite D
Olive Branch, MS
(662) 893-6556

Southwest TN Community College
Continuing Education
5983 Macon Road
Memphis, TN 38138
(901) 333-4207 or (901) 333-4208

University of Tennessee
Agricultural Extension Service
5565 Shelby Oaks Drive
Memphis, TN 38134
(901) 544-0243

Video explaining how much it costs for an uncontested divorce without kids in Memphis

In this quick video we show how much the total costs are for a Memphis uncontested divorce without children.  The video is less than three minutes long and will help you completely understanding all the costs, including attorney fees and court costs.

How much does it cost for an uncontested divorce with children in Memphis – Video

Here’s a quick two minute video where we easily break down all the expenses for a Memphis uncontested divorce where children are involved.

New Memphis Divorce Lawyer Search Video

I’ve just put up a brand new little video for the Memphis Divorce lawyer search process.

Here it is, I hope you enjoy.

If you have any questions about either uncontested or contested divorce matters here in Memphis give us a call to speak with one of our Memphis Divorce Attorneys. The first thirty minutes is always free. If that isn’t one of the best Memphis divorce attorney values in town I don’t know what is!

Ferrell Law Firm, 2255 S. Germantown Rd., Germantown, TN 38138 – 901-881-6353.

How to contact the Ferrell Law Firm for your Memphis Divorce

Did you know that we’ve got a new telephone number?

Now not only can you call our Memphis divorce lawyers at 901-881-6353, but you can also reach us by dialing 1-800-DIVORCE if you are calling from the 901 or North Mississippi 662 area codes.

So the next time you have a divorce, child custody, child support or any other type of family law help in the Memphis or North Mississippi area give us a call at 1-800-DIVORCE.

The Ferrell Law Firm is here to help with all of your uncontested and contested divorce needs as well as injury and accident laws needs.