Family Law
5 Benefits of Divorce Mediation in Tennessee
As we have said so many times, divorce is basically the breaking of a contract. If there were a way to separate the high level of emotion that the divorce transaction stirs up, it would probably be a faster, easier process to work through. But divorce is not just about breaking a contract. Marriage represents…
Read MoreChild Support Enforcement in Tennessee: Liens for Child Support Arrears
There are many ways in which the payment of child support can be enforced, and federal law has created some uniform guidelines for enforcing child support payments. Tennessee’s statutes for child support enforcement can be found here: T.C.A. § 36-5-901, and the Department of Human Services (DHS) is the state agency that is responsible for…
Read MoreCo-Parenting Amid the Chaos: Navigating Life and Kids’ Schedules with Grace
Your divorce may have ended your marriage, but it did not end your relationship with your former spouse if you have young children together. The nature of your relationship will change, of course because now you are only partners in parenting your children. Family courts use the, “best interests of the child” rule to guide…
Read MoreShared Parenting in Tennessee Child Custody Cases
Family law evolves and changes as families in the United States evolve and change – albeit at a much slower pace. In the past, judges leaned more toward granting sole custody of the child to the mother and visitation to the father. As times change and the way families are structured with regard to…
Read MoreHaving a Conversation with Your Child’s Teacher about Your Divorce
Telling your child’s teacher that you are going through a divorce might not be high on your list of priorities, but it should be. Whatever happens in your home has an impact on your child. If your family is going through a rough patch, your child may display behavior at school that is inconsistent with…
Read MoreHow to Prepare for Divorce
Couples who marry today have a roughly 40 to 50 percent chance of getting divorced, (for first marriages) so while divorce seems like something that happens to other people, many who are married may face it at some point. While going through a divorce is usually more traumatic than you think it will be and…
Read More5 Difficult Things to Accept about Divorce
There will come a time when divorce gets real for you and things might be a bit more challenging than you had bargained for. Divorce can be adversarial and it will bring out aspects of your spouse’s character that you may not have seen before. When you agree to divorce and you set off on…
Read MoreHow Vacations and Summer Travel Impact Parenting Plans
This is the time of year when parents start planning vacations and make plans for the summer months. When you are going through a divorce, or after the divorce is finalized, the parenting plan agreement is an important document that will govern the communications between the two co-parents. Even when the co-parents have a relatively…
Read MoreIs Your Former Spouse Unemployed or Under-employed to Avoid Paying Child Support?
The adversarial divorce is over and your former spouse has been ordered to pay child support for the child you have together; however, you believe that they are not making an effort to find a job because they want to avoid paying child support. What can a primary residential parent do when the alternate residential…
Read MoreDating During Divorce is Dangerous in Tennessee
Although you might think your marriage is over when you and your spouse decide to divorce, it is not over in the eyes of the law until the final divorce decree has been signed by the judge. A divorce can be an emotionally tumultuous experience, and once you have decided in your mind that you…
Read MoreDrugs, Alcohol & Violence: How to Lose Child Custody and Visitation in Three Easy Steps
When it comes to making decisions about child custody in Tennessee, as in every state in the United States, the best interests of the child is the prevailing consideration. When a couple who have a child is divorcing, the court must decide which parent will be the primary residential parent, and which parent will have…
Read MoreDivorce and the Rising Cost of College
Paying for college tuition can be a controversial topic. Depending on the child’s age when their parents get a divorce, the question of how parents will cover their child’s college expenses or even if they will help their child pay for their college tuition is an issue that should be included in divorce negotiations regardless…
Read MoreWhat to do When Your Ex Denies Your Visitation Rights
During the divorce process you and your former spouse sat down and ironed out a parenting plan agreement, which contains a schedule for visitation for the parent who did not get primary residential custody. The Court reviews this document and refers to it when it issues the final custody order. The Tennessee Court as with…
Read MoreWhat Happens to My Inheritance in Tennessee Divorce?
You are the favorite nephew of your beloved aunt Thelma, who left you a nice inheritance when she passed away a few months ago. Now you have been served with divorce papers quite out of the blue and you are wondering what happens next. You and your soon-to-be-ex-wife were married when you received the sizable…
Read MoreAlcohol and Drug Abuse Can Affect Alimony Payments in Tennessee
Alimony, sometimes called spousal support, is awarded to a spouse by a judge. Unless you and your spouse have worked out a plan in your Marital Dissolution Agreement, the process of awarding alimony is an entirely subjective one: a judge is not forced to award alimony to anyone. However, if you file under certain grounds,…
Read MoreSubsidized Permanent Guardianship of a Minor in Tennessee
The foster care system can be a challenging and heartbreaking way for a child to grow up. Every day, young people age out of the system – that is, they grow up to the age of majority and are then left to function on their own without a family to support them, nurture them or…
Read More7 Questions Smart People Must Ask Before Getting a Divorce
When you go into a divorce fully informed about the process and the challenges you might face, you will feel more empowered. Taking the time to learn about how the divorce will affect you financially can help you plan for your future. There are seven questions you should ask yourself and your lawyer before starting…
Read MoreWhat are the Advantages of Collaborative Law?
It seems as if divorce is always associated with a lot of drama – fighting about who cheated, disagreements about money, who will get the children, and who will get the house – even when there is no drama to be found. What if there was a way that you, your attorney, your spouse and…
Read MoreWhy Don’t More Men Get Alimony?
Although matrimonial laws are not gender specific, the general trend is that if spousal support is paid after divorce, it’s a man who pays it and a woman who receives it. But that scenario does not seem to coincide with the trend of more and more women serving as the higher income earner in their…
Read MoreThe Supreme Court Will Hear Same-Sex Marriage Arguments on April 28
Tennessee has had a ban on same-sex marriage since 1996, and voters approved a constitutional ban in 2006 – but the future of this ban might be in question. On April 28th, the U.S. Supreme Court will hear 2.5 hours of arguments on same-sex marriage in four cases from Ohio, Kentucky, Michigan, and Tennessee. The…
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