Family Law
January is Considered National Divorce Month
Deciding to divorce is difficult enough for couple, especially those with children. For this reason, many couples choose to postpone their divorce until after the holidays have passed, which makes January a month with some of the highest divorce rates in Tennessee, according to ABC News. But getting divorced in January may not be the…
Read MoreThe Uniform Child Custody Jurisdiction and Enforcement Act and Relocation
Families with children face some different legal challenges, especially when one parent no longer resides in the same state. To help make the process easier for parents and for the courts, Tennessee (along with 48 other states) adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which grants exclusive jurisdiction rights to the home…
Read MoreWhat Is Collaborative Law?
Generally speaking, collaborative law is a form of alternative dispute resolution, and is a relatively new way of protecting legal clients’ needs. Instead of fighting a battle in a courtroom, two parties agree not to litigate, and instead allow their lawyers to serve as advocate partners. Its success in resolving conflicts in the areas of…
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…
Read MoreParental Relocation after Divorce in Tennessee — How to Do it Right
Sometimes after a divorce you want to shake off the drama and pain and make a fresh start in a new place. You might have received a promising job offer in another state that requires you to move more than 50 miles away from your ex-spouse or co-parent. Under Tennessee law, you must inform the…
Read MoreOctober is National Domestic Violence Awareness Month
The news has been inundated with stories regarding famous athletes, celebrities and politicians committing acts of domestic violence on their partners, spouses and children. There is no excuse for violence, but acts committed against loved ones seem especially heinous. In the hopes of spreading awareness about the horrific nature of domestic violence, we share with…
Read MoreWhat Does “Contempt of Court” Actually Mean?
If you watch police procedurals or legal-based TV shows, you’ve probably heard a judge say “You’re out of order, Counselor” (or something along those lines) and then fine the attorney or the client for being in “contempt.” As a general rule, however, these types of shows don’t get the nuances of legal proceedings right, so…
Read MoreTennessee Judge Declares Ban on Same-Sex Marriage Constitutional – and Does So through Divorce Ruling
The same-sex marriage ban has been hotly contested not only in Tennessee, but throughout the country. A recent court case brought the constitutionality of the law back into the spotlight when Judge Russell E. Simmons, Jr., of the Roane County Circuit, denied a same-sex couple’s right to get divorced. The couple was married in Iowa…
Read MoreModernizing the Parenting Plan
Are you divorced with children? There’s an app for that. Actually, there are several apps for that. While divorce can be a difficult time for a family, technology makes it a little more simple. Modern technology can help minimize conflict and make it easy to communicate ― critical concepts after a divorce involving children. Establishing…
Read MoreSpousal Support 101: Understanding Alimony in Solido
There are four categories of spousal support in Tennessee; alimony in solido, however, is a bit different from the rest of them. Often called “lump sum” alimony, this form of spousal support is the only one that: Can be paid all at once Can be paired in addition to other forms of alimony Does not…
Read MoreCustodial Interference vs. Denying Visitation Rights
A Tennessee woman made headlines in Arizona recently when she and her daughter were founded at a women’s shelter. The news stories claimed that the daughter was “reunited” with her father, and that he’s pressing charges of custodial interference. Custodial interference falls into the same part of the Tennessee Criminal Code as kidnapping, but they’re…
Read MoreHow Long Will My Divorce Take?
Once you’ve made the difficult decision to divorce, you may wonder just exactly how long the whole divorce process will take from start to finish. That is a good question, but one for which there is no uniform answer. Many different factors can speed up or slow down a divorce. Some of those factors are…
Read MoreTelling Your Children You Are Getting a Divorce
The end of a marriage is always difficult, even when the two parties involved have come to a mutual agreement. For children, however, the news can lead to unexpected responses, so it is understandable that parents may feel nervous or reluctant to speak with them. When the time comes to tell your children, there are…
Read MoreTips for Successful Co-Parenting
When parents separate and divorce they remain connected through their children. Most parents retain a strong desire to remain active in the lives of their children even when the marriage ends. It is not always easy to co-parent with a former spouse, but doing so is in the best interest of your children. Here are…
Read MoreLooks Like Arizona’s Bill Had an Impact on Tennessee Couples, Too
When Jan Brewer vetoed a bill that would allow businesses to deny service to same-sex couples based on the business owner/operator’s beliefs, a lot of people breathed a collective sigh a relief – though not for collective reasons. Now it appears that Tennessee lawmakers have jumped on that bandwagon, postponing the debate over Senate Bill…
Read MoreAnswers To Your Frequently Asked Questions About Child Support
The rules regarding child support in Tennessee are pretty solid – but that doesn’t mean that the laws don’t change. As family lawyers, we know you have questions, and often those questions are the same from family to family. So we thought we should address some of the more common queries you have, to give…
Read MoreEven if You Keep the House, You May Be Able to Split the Mortgage
When a couple divorces in Tennessee, the judge splits the assets of the marriage – property, retirement accounts, cars – in a way that is equitable, though not necessarily equal. This ensures that each party is treated fairly in the eyes of the law. Because the last few years have been a difficult time for…
Read MoreWhat Is the Difference Between Physical and Legal Custody?
Child custody is one of the mostly hotly contested issues in divorce. Even if you and your spouse have mutually agreed to separate and you are both able to cooperate on every other issue, you may disagree about who gets custody of your son or daughter. The court recognizes the importance of both parents in…
Read MoreFactors the Court Considers When Dividing Marital Property
Is your marriage coming to an end? Before you and your spouse can part ways, certain issues must be addressed, including custody, alimony and the division of marital property. If you and your spouse are able to cooperate during your divorce, you can divide your assets however you see fit. However, if you are unable…
Read MoreSocial Media, Detrimental to Your Marriage and Your Divorce
Social media sites are being blamed for breaking up many marriages. A recent study revealed that one-third of all divorce filings in the year 2011 contained the word “Facebook.” While this is a startling statistic, it’s important to keep in mind that social media can have just as big an effect on your divorce as…
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