Category Archives: Family Law

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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Can A Spouse Who Has Committed Adultery Still Get Alimony In A Divorce Case? The Tennessee Court Of Appeals Says, “Yes.”

In Tennessee, when a divorce court decides whether to make an award of alimony, it can give consideration to the fault of the spouse who wants the alimony for the demise of the marriage.  For example, if a spouse has committed adultery, the court can take that into account as a factor against awarding alimony

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Appealing From An Alimony Award: What Can Happen When The Trial Court Does Not Clearly State The Factual Basis For Its Decision

If you are thinking about taking an appeal in a divorce case involving alimony, you may find some help in the Tennessee Court of Appeals’ recent decision in Joyce v. Ellard, 2015 WL 3397050 (May 26, 2013). That case is a good example of what can happen when a trial court does not provide a

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After The Divorce: What Can Happen If You Try To Alienate Your Children’s Affections Toward You Former Spouse, And Talk To Them About The Case

The divorce is finally over.  You have a Parenting Plan Order for your children. It says you are not allowed to make derogatory remarks about your ex to the kids. And, the judge told you not to try to turn the kids against your ex. But, surely, you think, such warnings aren’t really going to

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Modifying The Parenting Plan In Tennessee: When Has There Been A Material Change In Circumstances?

In Tennessee, if you want to modify the court-ordered Parenting Plan for your child, you must prove that there has been “a material change in circumstances” and that a modification is in the child’s “best interests.” In this post, we will look at the first of those two requirements. There are no bright-line rules for

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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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Equal Parenting Time In Tennessee: Can The Courts Refuse?

Parenting time in Tennessee: Can divorce courts refuse to grant equal parenting time even if that’s what both the husband and wife want? If divorcing spouses agree that they want 50/50 parenting time with their children (alternating weeks back and forth), can the court order otherwise?  Can it “split” custody so as to place the

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Alimony: Does Ability To Pay Matter?

You can take anything you think you deserve You can take all the records you said you’d never heard I can’t bring myself to care anymore I will avert my gaze as you walk out the door Please don’t make me pay alimony Please don’t make me pay alimony Oh alimony, Oh alimony ~ From

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Grandparent Visitation Rights In Tennessee: Does Blood Relation Matter?

Our family never shared the same last name But our family was a family the same (And they say) Blood is thicker than water Oh, but love is thicker than blood ~ Thicker Than Blood by Garth Brooks ~ In my last post, I told you about T.C.A. § 36-6-306, which sets forth — that’s

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