Irreconcilable Differences Divorce (Part 1 of 3)

Irreconcilable Differences Divorce (Part 1 of 3)

In Tennessee, a divorce based on irreconcilable differences has special requirements that are not used in other types of divorces. Irreconcilable differences is often referred to as a no fault divorce; however, that is not an accurate term. This type of divorce is not truly a no-fault divorce, because it requires agreement by both parties. Under this type of divorce, both parties must agree in writing on the custody and support of the children and for the distribution of property…

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Proposed Law Would Create a Defense to Violation of Protection Order

Proposed Law Would Create a Defense to Violation of Protection Order

Two bills have been proposed in the Tennessee legislature that would create a defense to a violation of a protection order (order of protection). House bill HB1139 and Senate bill SB1882 attempt to fill a gap in the current law by amending Tennessee Code Annotated section 36-3-610. Under the current law a person who violates an order of protection can be held in contempt of court by having contact with the party that took out the order. Being held in…

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Not the Biological Father? No Child Support (Proposed Law)

Not the Biological Father? No Child Support (Proposed Law)

A set of new bills in the Tennessee Legislature would allow men to stop paying child support if a paternity test shows they are not the father. Tennessee House Bill HB1523 and SB1949,  would amend T.C.A. section 36-5-101. If the bills become law, men who could prove they are not the biological father would be exempt from paying child support. This issue has come to be known as Paternity Fraud. In many states even if a man can prove that…

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Single Parenting and Today’s Family

Single Parenting and Today’s Family

Over the past 20 years single-parent families have become even more common than the so-called "nuclear family" consisting of a mother, father and children. Today we see all sorts of single parent families: headed by mothers, headed by fathers, headed by a grandparent raising their grandchildren. Life in a single parent household – though common – can be quite stressful for the adult and the children. Members may unrealistically expect that the family can function like a two-parent family, and…

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Discovery in Divorce

Discovery in Divorce

Discovery is the legal process of fact finding. It is where lawyers try to get information from various sources about the facts of the case. It usually occurs somewhere between filing the divorce complaint and trial. Although there are several forms and methods of discovery, I will attempt to demystify the major ones here. Depositions- This is probably the form of discovery that is most familiar to people. A deposition is where a lawyer asks a party or other person,…

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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…