Many couples frequently inquire about the possibility of obtaining an annulment within the first few days or weeks of their marriage. They do not want to go through the divorce process. And they want to have their marriage annulled instead.
Amanda Crowell Attorney, Marriage Annulment, Married for Short Period
This explains the court process for an order of protection hearing in Tennessee. To provide some context, I’ve been hired to advocate for clients seeking an order of protection and to defend clients against a petition for protection. The petitioner, the person seeking the order of protection, is distinct from the respondent, the individual against whom the order of protection is being sought.
Domestic Abuse Victim, Orders of protection in Tennessee, Temporary Order of Protection
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.
Document is for your family, What is a Living Will?, Will you be on life support?
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.
Do you need a Laywer?, If your spouse has as laywer?, Uncontested Divorces
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.
A We A Joint Custody State?, Maximize parenting time between both parents, Tennessee is not a joint custody state
I often have a parent contact me to say the child’s other parent wants to give up rights to their child. Typically, it is because this parent wishes to stop having obligations to that child. Can a parent give up parental rights to a child? The answer is not a simple one. If a parent has established themselves as a child’s biological or legal parent, they cannot simply relinquish parental rights. Not wanting to support your child is not a valid reason.
Can a parent give up right to their child?, Termination of parental rights and adoption go hand in hand, Will giving up rights relinquish support & duty?
Recent revisions to the divorce laws in Tennessee require the courts to maximize each parent’s time with their minor children. Sometimes, the judge will determine a 50-50 parenting time division will accomplish this goal. However, there are many factors a judge must consider in determining a parenting schedule. The most important is that the plan is always in the child’s best interests.
A good divorce attorney can help you, Do I have to agree to divide parenting time?, Recent revisions to the divorce laws in Tennessee
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.
Divorce is to late, Pre-Nuptial Agreements, Well-drafter Pre-Nuptial saves you $1000s
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.
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.
Marital Property, Pre-nuptial and Post-nuptial agreements, Separate Property