You are entitled to alimony if you need support, and your spouse can pay it. A Court can order alimony for several reasons. Alimony may be required to help a spouse earn more or get a job. Or it could be awarded to help a spouse return to school so they have a higher earning capacity. In Tennessee, a Court may order temporary, short-term, or long-term alimony.
Going to Court can seem scary to those who have never been. These tips teach you how to prepare for court and, hopefully, alleviate some of your fears.
What to Wear?
This is one of our clients’ biggest questions if they have never been to Court. When thinking about what to wear to Court, think of it as if you are going to a job interview. You want to show the Judge you respect the Courtroom and think this process is important.
Along with a new year comes new changes in the law. Many new laws for 2019 will take effect, including the following:
Many clients who come to us for advice during a divorce are going through it for the first time and have many questions. Although the process can be complicated, knowing the basic information can help put a client at ease.
Divorce can be a difficult situation for every party involved. It is the legal undoing of two people’s assets, liabilities, and everything in between. Knowing what to expect and being prepared for the inevitable changes are essential during a divorce.
The first decision to be made is whether the divorce will be contested or uncontested. If you can agree, the divorce is uncontested, and the process is more straightforward. If you cannot agree, the divorce is contested and requires negotiation, mediation, and, in some cases, a trial.
In an uncontested divorce, the parties or their attorneys complete the necessary paperwork and file it with the Court. If children are involved, parents must take a parenting class and file the certificate of completion with the Court.
In a contested divorce, one party will begin the process by filing a complaint. The other party will then file their answer to that complaint and, possibly, a counter-complaint. The parties or their attorneys will then enter the negotiation phase. If negotiation is unsuccessful, the parties must attend mediation with a third party. In most cases, an agreement can be reached in either of these two phases. In some cases, mediation is not successful and the parties must have a trial to allow a judge to decide the issues, which can be lengthy.
In Tennessee, the mandatory waiting period for a divorce from the time of filing is 60 days if the parties have no minor children and 90 days if the parties have minor children. This means the divorce cannot be finalized until the time period runs.
If you or someone you know is contemplating divorce or have been served with a complaint for divorce, contact us to get answers to your questions and let us assist you in making the best decisions. Call Kane and Crowell at (615) 784-4800 or request a consultation to discuss your specific case.
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.