Divorce
Virtual Visitation: How Technology Helps Divorced Parents Stay Close to Their Kids
One of the most difficult and emotionally fraught parts of a divorce is the issue of child custody. Working through the details of custody, visitation, and parenting plans can be some of the most frustrating and intense parts of your divorce agreement. However, it is important to remember that everything is for the benefit of…
Read MoreTennessee Has the 10th Highest Divorce Rate in the Nation
“Until death do us part” is a lovely sentiment, but in today’s world, not a realistic one. More people are getting divorced than they did several decades ago, for myriad reasons—we are living longer, more women are financially independent, and divorce is no longer as taboo as it once was. It is likely you knew…
Read MoreUnderstanding Father’s Rights in Your Tennessee Divorce
Fathers may feel guilty when seeking a divorce in Tennessee if they have children they want to remain actively involved with raising. It’s important to understand your rights as a father in your divorce, especially because a marital split does not in any way mean you are foregoing your paternity rights. If you want to…
Read MoreThe Benefits of Establishing Paternity in Tennessee
Establishing paternity doesn’t always mean that you are the biological father of a child. Paternity, as a term, does mean fatherhood; but in the family law of Tennessee’s legal sense, establishing paternity is actually the act of determining a child’s “legal” father. Fathers, whether they are biological parents or not, have both rights and obligations…
Read MoreParental Kidnapping and Family Law in Tennessee
This past May, a woman from Memphis temporarily lost custody of her young toddler son during a difficult divorce. In June, the woman was arrested in Michigan for kidnapping. But it gets worse. When she was found in a Dearborn, Michigan hotel room, not only was her son kidnapped, but so was the boy’s 30-year-old…
Read MoreIs Your Former Spouse Padding Their Expenses to Get Higher Alimony?
Divorce is a difficult time emotionally and can also be financially complex. When one spouse is ordered to pay the divorcing spouse alimony, financial documents and evidence must be prepared, and expenses are considered by the court. When expenses reported are disingenuous however, it presents a problem under Tennessee law, as well as for the…
Read MoreWho Pays an Attorney’s Fees in Tennessee Divorce?
When you and your spouse are seeking a divorce in Tennessee, you may be worried that it will be prohibitively expensive. Realistically, some couples can seek a frugal divorce, but there must not be much legally contested property, complicated child custody battles, or other adversarial actions. The average divorce in Tennessee costs $12,600, with almost…
Read MoreCommon Reasons for Contested Divorce in Tennessee
Divorce can be the hardest thing you’ll ever go through, or a blessing in disguise. Some divorces are completely amicable, with each spouse going their own way, able to co-parent and enjoy their life after marriage. Others, however, can be more difficult. When two spouses cannot arrive at a consensus, during mediation or otherwise, about…
Read MorePrenuptial Agreements in Tennessee: Smart Idea, or Unnecessary Paperwork?
Prenuptial or antenuptial agreements are quite common in marriages and are, at their core, a negotiated document signed by both members of a couple prior to marriage. These documents typically lay out ownership of property, monies, and assets. In Tennessee, these agreements are binding in court. Under Tenn. Code Ann. § 36-3-501, the law stipulates…
Read MoreSubstance Abuse & Your Kids: Child Custody Options in Tennessee
If you are the non-custodial parent in a Tennessee divorce case, you do have rights when it comes to the welfare of your kids. At the outset of your divorce, Tennessee Code Annotated Section 36-6-106 governs which parents will play what role. A parenting plan written and agreed to in good faith should be established…
Read MoreAfter the Fact: Modifying Your Divorce Decree in Tennessee
Once you’ve finalized your divorce in Tennessee, you will have the final order from the court that governs the terms of your separation from your former husband or wife. Crucial to this process is a credible and experienced Columbia divorce attorney that will advocate on your behalf to ensure your divorce decree is the most…
Read MoreWho Gets the Dog When People Divorce in Tennessee?
If tears rush to your eyes at the thought of being forced to part with the family pet, you are indeed a pet lover. You will have trouble with the idea of your pet as property that will get divided among the furniture, the jewelry and the vacation house. In Tennessee, the court uses the…
Read MorePendente Lite Temporary Spousal Support in Tennessee Divorce
Marriage is typically a partnership where each partner does their part to support the other. In some situations, one spouse is the higher earning spouse and they support the receiving spouse who may be maintaining the home and caring for the children. The days of one spouse taking care of the other spouse are quickly…
Read MoreWhat to Do When Your Child Fights Visitation with Your Co-Parent
Your young child has not handled the separation and the ensuing divorce very well. Now that you and your ex are living in separate homes, your four-year-old daughter does not want to spend time at her father’s home. When it is time to get ready to spend the weekend with her father, she creates a…
Read More5 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 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 MoreGifts and Asset Division in Divorce—It’s Complicated
Depending on how long a couple has been married, they will likely accumulate various different kinds of property during the marriage. From homes and cars to boats and vacation properties, jewelry and investments. Property and assets that the couple acquires after the wedding and to which they are joint owners is marital property. Marital property…
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 MoreCollege Funds and Divorce: The 529 Investment Plan
Divorce can often be hardest on your children. When you are drafting your divorce settlement, it is a good idea to provide for your children’s educational future in order to avoid conflict and confusion further down the road. In Tennessee, contributions to a college fund must be specified by a court order and voluntarily agreed…
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