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Month: February 2007

Helping Children Deal With Divorce

Helping Children Deal With Divorce

Children can have a terrible time dealing with their parent’s divorce. Helping them deal with the emotional consequences can be difficult. There are some wonderful sources for parents to help their children during and after the divorce. The Oklahoma Family Law Blog has 3 excellent posts on resources for helping children of divorce. Helping Your Kids Cope With Divorce, Making Divorce Easier on Your Child, and What About the Kids? While you are there check out some of the amazing…

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The Attorney Client Privilege in Divorce

The Attorney Client Privilege in Divorce

Family law by its very nature involves personal, private, and sometimes embarrassing facts. People are naturally reluctant to reveal these details; especially to someone they just met. The attorney-client privilege is meant to protect confidential communications between you and your attorney when they relate to seeking legal advice or preparing for your case. The idea behind the privilege is that a client has a right not to disclose any confidential communication made to their attorney. The communication must be confidential…

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Where To File For Divorce

Where To File For Divorce

In Tennessee a divorce should be filed in either:• The county where the defendant resides• The county where both parties resided at the time of their separation (or)• The county where the plaintiff resides if the defendant is not a resident of Tennessee. A party must also decide which court in the county they wish to file with. A divorce may be filed in either the Circuit Court or Chancery Court. These courts have concurrent jurisdiction over divorce actions. In…

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Common Law Marriage

Common Law Marriage

Tennessee does not provide for common law marriages if the marriage took place in the state. However, Tennessee will recognize a common law marriage from another state if it was valid in the home state. A common law marriage is one that for some reason does not satisfy the home state’s licensure or solemnization requirements. Generally, there must be a voluntary agreement between the parties to be married and they must take some action in furtherance of the agreement such…

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Divorce and Bankruptcy

Divorce and Bankruptcy

Divorce can have a devastating effect on both parties financial stability. In some cases this can force one or both parties into bankruptcy. Grant Griffiths of the Kansas Family & Divorce Lawyer has a couple of excellent posts on the subject. In Divorce Debts and Bankruptcy, he details how divorce debt is treated in a bankruptcy proceeding. He also has an article on how Spouses can file bankruptcy alone. It’s only fair to share…

Who May Marry in Tennessee

Who May Marry in Tennessee

Tennessee has a few limitations on who may marry. First, a couple must have a valid marriage license and enter into a ceremony. The ceremony must be performed by an officiant that is authorized by statute. Generally, this includes regular preachers, ministers, pastors, priests, and rabbis who are ordained. The ordination requirement is fairly new and was created to prevent mail order ministers from performing ceremonies. Couples cannot be too closely related by blood. This includes: • Lineal ancestors (parent,…

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How Much Life Insurance Do You Need After Divorce?

How Much Life Insurance Do You Need After Divorce?

Thanks to Stephen M. Worrall at his Georgia Family Law Blog for his post on this subject. The issue of life insurance in divorce agreements often comes up. The following information by Ann O Flanagan is helpful in determining how much insurance a spouse shoudl have after a divorce: Experts believe that a surviving spouse with children needs at least $100,000.00 worth of insurance for every $500.00 of pre-tax income. If you require $3,000.00 a month ($36,000.00 per year) to…

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Child Custody Cannot Be Changed Over Parent’s Homosexuality Alone

Child Custody Cannot Be Changed Over Parent’s Homosexuality Alone

In Tennessee, the mere fact that the primary residential parent is a homosexual is not enough to justify a change of custody. In 2005, the Court of Appeals addressed this very issue. The Tennessee Court of Appeals ruled that a mother’s homosexuality alone would not justify a change of custody. (Berry v. Berry) The Court found that there was no proof that the mother’s sexual orientation had affected the child’s well being. The Court stated that the post-divorce homosexuality did…

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New bill would require drug testing of poor people

New bill would require drug testing of poor people

A new bill has been introduced in Tennessee by Senator Burchett that would require drug testing for new welfare recipients. The bill proposes that the Department of Human Services test all new applicants for drug use, before they can be placed on public assistance. The bill does not appear to make any allowances for the children of these "drug users". I suppose they will just have to go hungry. It’s only fair to share…

Do it yourself Divorce

Do it yourself Divorce

There is a rising trend lately in "do it yourself" law. Do it yourself divorces account for a large portion of this trend. The main motivator for this trend is to save money on legal fees. However, in many cases this is actually costing people more money. The California Family Law Blog has an article on how many try to handle a divorce without an attorney and fail. In some cases this costs the parties even more money to fix….

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