Category Archives: Article

Divorce Based On Inappropriate Marital Conduct: What to Claim When A Spouse Will Not Concede That There are Irreconcilable Differences

In Tennessee, the only type of divorce that can be characterized as  “no fault” is one based on “irreconcilable differences” between the parties.  You cannot get such a divorce, however, unless you and your spouse agree on all of the terms of the divorce, including property division, spousal support and parenting issues if children are

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Alimony and Retirement: Do You Have to Work for Your “Ex” Until You Die?

Earlier this year, the Tennessee Court of Appeals addressed this issue in Malkin v. Malkin. And, as is so often the case, the answer to the question is “not necessarily,” and “it depends.” While retirement usually results in a significant reduction in your income, that faxt, standing alone, may not be enough to get you

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Parental Relocation After Divorce: Can You Stop Your Former Spouse From Moving Away with Your Children?

Here’s the scenario Let’s say you’ve been divorced for a couple of years, and you have three children who live with you 50% of the time.  Things have been going reasonably well, but now your dear old ex has remarried or found a new, better job, and wants to move somewhere far away.  Such a

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Changing A Parenting Plan Post-Divorce: Changing Custody Is Different Form Changing The Parenting Schedule

After a divorce, it is not unusual for one or both parties to want to make modifications to the Permanent Parenting Plan Order for their children.  The proof required to support a modification will depend on whether the requested change would involve a change of “custody” (i.e., a change of the primary residential parent, namely,

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Parental Relocation: Is Remarriage To A New Spouse, Without More, Enough For You To Be Able To Move Your Children Out Of Tennessee?

Under Tennessee law, if a former spouse wants to relocate with minor children to a place more than 50 miles away from the other parent, she must give him 60 days advance written notice by certified mail.  If he objects to the relocation, a court will determine whether to approve the proposed relocation. If a

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Evidence Of Prior Convictions: Can You Be Asked About Your Past Criminal Record If You Testify In Your Own Defense?

A thorny problem for a defendant in a criminal case concerns the question whether the prosecutor can ask him about his prior criminal record if he takes the stand in his own defense. Obviously, the prosecutor wants the jury to know about that prior record because she thinks it may help her get a conviction.

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