ANGEL KANE has been practicing law since 1995. Angel was a member of the University of Memphis Law Review and served as a judicial law clerk while in law school. A graduate of the University of Memphis Law School, Angel has practiced in Memphis and Lebanon, Tennessee.
Everyone going through a divorce in Tennessee has to take a court-approved parenting class if you have minor children at the time of your divorce. According to www.tn.gov, this class provides parents with the essential information to handle interactions with their children and each other during and after the divorce process. These seminars aim to assist divorcing families in navigating the traumas of divorce without adding more stress.
Blended families are sometimes hard to navigate. The goal of the courts is to keep families intact. However, that is not always possible or the best scenario and times Step-Parent Adoption is a good option. Some biological parents decide to have their child adopted by the step-parent. In Tennessee, a step-parent can adopt a child in a couple of ways.
It’s a situation that we see too often: Parents cannot agree on a visitation schedule for a child and the father cannot see the child because he has no legal rights. A mother may move away with the child and the father disagrees but has no grounds to contest the move because he has no legal rights.
On July 1, 2017, the state of Tennessee enacted several new laws. Do any of the new laws affect you?
The state increased penalties for convicted felons in possession of a gun. The offense can be increased, depending on their previous felony.
Retroactive child support is now limited to the past five years of child support. Unless the court finds good cause to make an exception.
The illegal use of a telecommunication device is a new offense. Watch what you do on your cell phone!
Don’t publicly release the residential address of a police officer. It’s a Class B Misdemeanor if negligent and a Class A Misdemeanor if intentional.
Property owners can put purple paint on their trees to serve as a no trespassing sign.
Understanding and staying informed about the state law is essential for every citizen of Tennessee. Keeping up to date on Tennessee law ensures you can navigate the complexities of the legal system and make informed decisions.
Here are some ways you can stay informed about new TN laws.
Local Bar Associations: Connect with local bar associations like the Tennessee Bar Association (https://www.tba.org/) to access legal resources and stay informed about recent developments. Bar associations often host events, seminars, and conferences that provide insights into changes in Tennessee law.
Official State Resources: The Tennessee state government provides information through official websites. The Tennessee General Assembly’s website (https://www.capitol.tn.gov/) is an excellent resource for finding the state’s constitution, statutes, and other legislative information.
Legal Blogs and News Outlets: Stay current with legal news and analysis through reputable legal blogs and news outlets. Websites like the Tennessee Bar Journal (https://www.tba.org/journal) and local newspapers cover legal developments and provide insights into how laws impact the community. Subscribe to newsletters or RSS feeds to receive regular updates.
Community Legal Clinics: Community legal clinics and workshops organized by legal aid organizations, law schools, or local bar associations. These events provide an opportunity to learn about specific legal issues, ask questions, and receive guidance. Check local event listings and community centers for information on upcoming legal clinics.
Social Media and Online Forums: Follow legal professionals, organizations, and government agencies on social media platforms. Many legal experts share insights, articles, and updates on these platforms. Online forums and discussion groups can also be valuable resources for asking questions and engaging in conversations.
Staying Informed
Staying informed about Tennessee law is a continuous process requiring a multifaceted approach. Utilizing official state resources, legal databases, local bar associations, news outlets, educational programs, community events, a trusted attorney, and online platforms will help you build a comprehensive understanding of the legal landscape. By staying informed, you empower yourself to make informed decisions, advocate for your rights, and contribute positively to your community.
After a Last Will and Testament, the most important legal document is a Living Will. I think it is of the utmost importance.
A Last Will and Testament is the document that is most familiar. This document states how your assets will be devised upon your passing. On the other hand, a Living Will determines how you will live at the end of your life.
We often receive calls from people whose spouse has presented them with legal documents asking for a divorce. The divorce, however, is something they both want; all they have to do on their end is sign the papers they are presented with.
Is signing uncontested divorce papers without consulting with an attorney a good idea? That’s a tough call.
We are often asked about grandparents’ rights in Tennessee, and yes, grandparents do have the right to file for visitation in our state. They can also file for custody.
However, the standard for both is very high.
Regarding custody, a grandparent can’t just show they can better care for their grandchildren. They must show both parents are unfit to parent. While difficult to prove, in this day and age where addictions are becoming rampant, we are successfully representing many more grandparents who are having to step in and raise their grandchildren.
I’m often asked if we are a state that requires joint custody in Tennessee. The answer is we are not.
However, we are a state that requires our courts to maximize parenting time between both parents. And in doing that, our courts must look at several factors, including those that affect the parents and children.
In Tennessee, our Courts will enforce Pre-Nuptial Agreements only if they meet certain legal criteria.
As a divorce attorney, I see many battles fought over bank accounts, retirement accounts, and real estate owned before marriage. If you and your spouse’s names are on your bank account or real estate, it will be marital property.
One of the most asked questions we are asked is, What is considered marital property? And What is considered separate property in Tennessee? Identifying marital and separate property is important in protecting your assets and finances.
Marital Property
Most anything you and/or your spouse accumulated during the marriage is marital. It doesn’t matter whether or not you kept it in a separate account. Or you didn’t put her name on the Deed, or his name is not on your Company 401k account. For the most part, if it was earned during the marriage (by either of you) – it is marital. And therefore, the Court can and will divide it.
