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Author: Scott Justice

5 Tips to Save Money On Your Divorce

5 Tips to Save Money On Your Divorce

Here are a few quick tips that can save you money on your divorce if you contracted for an hourly rate. 1. Wait until you have several questions before you call your attorney. Because hourly rates are billed in increments it will save you money to ask several questions at once. You should write down your questions before you call your lawyer and be clear about what information you want to know. This makes the telephone call more efficient and…

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Can You Date During Divorce?

Can You Date During Divorce?

Can you date while you are getting a divorce? Sure. Should you? No! During the divorce process you are still married. If you date during divorce your spouse may sue you for divorce based on adultery. This can cause you problems with child custody and alimony. If you have filed for divorce based on adultery, dating may destroy your grounds for divorce. Your spouse may raise your adultery as a defense. This is called recrimination. This could force you to…

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Paternity Fraud Bill Has Proposed Amendments

Paternity Fraud Bill Has Proposed Amendments

The controversial paternity fraud bill in the Tennessee Legislature might be undergoing a change next week. House bill HB1523 sponsor representative Campfield proposed an amendment to his bill in the Domestic Relations subcommittee on March 20th. The proposed law would allow men to stop paying child support if they can prove that they are not the biological father. To learn more about the original bill, read my article Not The Biological Father? No Child Support (Proposed Law). The amendment that…

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How to Prepare for Divorce

How to Prepare for Divorce

Al Nye of the Maine Divorce Law Blog, has a great article entitled A Dozen Things To Consider Before Filing For Divorce. The article covers many of things that you should consider before filing divorce papers on your spouse. He also gives steps that you can follow that will lead to a more favorable outcome. If you are considering a divorce check out the link above. It’s only fair to share…

How Can You Collect Child Support If Your Ex Stops Paying?

How Can You Collect Child Support If Your Ex Stops Paying?

A petition for civil contempt is one of the most effective ways to force a parent to pay child support if they simply have stopped paying. A petition for contempt is a document that asks the court to hold the parent in contempt for failing to pay child support. The court is given the power to hold the parent in contempt under Tenn. Code Ann. 29-9-104. You may start the process by having your Tennessee lawyer draft the petition and…

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Proposed Law Would Make Couples Wait One Year to Divorce

Proposed Law Would Make Couples Wait One Year to Divorce

A bill has been introduced in the Tennessee Legislature that would require parties seeking a divorce based on irreconcilable differences to wait one year to divorce. House bill HB0438 and senate bill SB0428 were filed by Representative DuBois and Senator Stanley. Under the current law there is a waiting period of 60 days for a divorce based on irreconcilable differences if there are no unmarried minor children. If there are minor children the waiting period is 90 days from the…

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Parenting Plan

Parenting Plan

The parenting plan is a document that divides custody, visitation, and decision making between the parents. This post will go over the more common items that are included in a Tennessee Parenting plan. One of the main items in the parenting plan is the residential schedule. The residential schedule defines who the children will reside with during the school year, vacations, holidays, special occasions, and any limitations when visiting with a parent. The plan can award holidays such as Thanksgiving…

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When Can I Get Remarried After My Divorce?

When Can I Get Remarried After My Divorce?

After an absolute divorce is final the parties are free to remarry under Tenn. Code Ann. § 36-4-124. A divorce is final after the court issues the final decree granting the divorce and the period for appeal has passed. The appeal period for a divorce in Tennessee is usually about 30 days. After the period has passed the parties are free to remarry. It is best to contact the court after the period has passed just to make sure a…

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The Divorce Process

The Divorce Process

The divorce process starts with the filing of a complaint (sometimes called a petition for divorce). The divorce complaint will identify the parties, state grounds for divorce, and request the court to grant a divorce. Under Tennessee law certain statistical information must be included in the complaint. This information includes: the full names of the parties, social security numbers, date of separation, information about any children, where the parties are employed, and the number of previous marriages. The complaint must…

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When may a child decide which parent they want to live with?

When may a child decide which parent they want to live with?

I am asked quite frequently “at what age may a child decide whom to live with after a divorce”. The answer is 18 (the age of majority). Until a child becomes an adult they may not decide on their own which parent to live with after divorce. In Tennessee, if a child is 12 years of age or older the judge must hear testimony from the child (either in court or in chambers) as to the preference of the child….

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