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…

Read More Read More

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….

Read More Read More

New Family Law Blog in Colorado

New Family Law Blog in Colorado

There is a new family law information source on the web in Colorado. Peter Mullison has created a blog called My Colorado Divorce Lawyer. Mr. Mullison has over a decade of legal experience and is sure to have some insightful information on family law. His blog already has a great deal of information that is specific to Colorado law and some general information that is relevant to all states. I would like to welcome Mr. Mullison to family law blogging…

Read More Read More

How is Child Custody Determined in Tennessee?

How is Child Custody Determined in Tennessee?

Tennessee courts use several factors to determine who gets custody of the children. The guiding factor in all TN custody decisions is the best interests of the child. Courts are prohibited from considering the gender of the parent in their child custody determinations. In making initial custody determinations the court will consider all relevant factors in the case including: The Willingness and ability of the parent to facilitate and encourage a close relationship between the child and the other parent….

Read More Read More

Automatic Injunctions in Divorce

Automatic Injunctions in Divorce

In all divorces except those based only on irreconcilable differences, Tennessee law places automatic injunctions against the parties. Injunctions are things that the parties cannot do, such as transferring assets or hiding property. When a divorce is filed in Tennessee, T.C.A. § 36-4-106(d) requires the following notice of injunctions to be attached to the complaint: Upon the filing of a petition for divorce or legal separation except on the sole ground of irreconcilable differences and upon personal service of the…

Read More Read More

What if I Change My Mind About Divorce?

What if I Change My Mind About Divorce?

If you change your mind about divorce once you have filed a complaint there are certain steps that you should take. First you should contact your divorce attorney. It is important to contact your divorce lawyer so that they will stop working on the case. Most divorce lawyers charge by the hour, so the sooner you contact them, the more money you will save. Sometimes clients think that their divorce lawyer will get mad at them if they change their…

Read More Read More

Tennessee Alimony: Factors Courts Consider in Making Awards

Tennessee Alimony: Factors Courts Consider in Making Awards

Tennessee Courts will consider the following factors when awarding alimony: • The relative earning capacity, obligations and resources of each party, and income from all sources• The education and training of each party• The duration of the marriage• The age and condition of each party• The need for the custodial parent to stay home• The assets of each party• The marital property division• The standard of living during the marriage• The relative fault of the parties, if the court deems…

Read More Read More

Who Can Be Awarded Alimony in Tennessee?

Who Can Be Awarded Alimony in Tennessee?

Traditionally, alimony was only available to the innocent or wronged spouse in a divorce. Tennessee now allows either party to be awarded alimony, regardless of which party is awarded a divorce. Alimony may be awarded to either the man or woman, and the gender of the party may not be considered in awarding spousal support. Alimony is appropriate when one party is found to be economically disadvantaged relative to the other party. The legislative preference in Tennessee is to award…

Read More Read More

Irreconcilable Differences Divorce: The Marital Dissolution Agreement (Part 3 of 3)

Irreconcilable Differences Divorce: The Marital Dissolution Agreement (Part 3 of 3)

A divorce based on irreconcilable differences in Tennessee (TN), must have a marital dissolution agreement (MDA). An MDA is a written agreement between the parties that divides the property and debts equitably. The MDA must be signed by both parties and notarized to show that they are agreeing to a divorce and the division of assets. The marital dissolution agreement will divide up the property between the spouses. It should tell who gets the house, the cars, the furniture, the…

Read More Read More

Irreconcilable Differences Divorce: The Waiting Period (Part 2 of 3)

Irreconcilable Differences Divorce: The Waiting Period (Part 2 of 3)

One question that frequently comes up with couples thinking about divorce is: How long does it take to get divorced? Under Tennessee law, a divorce based on irreconcilable differences must wait for a minimum statutory period before a final decree is granted. If there are minor children (under 18) the waiting period is 90 days. If there are no unmarried minor children, then the period is 60 days. The time period starts when the complaint for divorce is filed with…

Read More Read More