Category Archives: Family Law

Does Tennessee Give Grandparents Rights?

Oh, play me some mountain music, like Grandma and Grandpa used to play. Then I’ll float on down the river to a Cajun hideaway. ~ Mountain Music by Alabama ~ Memories like that of your grandparents can be wonderful….. that is, if your grandparents got to see you when you were a kid.  Unfortunately, with all

Continue Reading →

Child Support: The Case Of The Underemployed Spouse

They say times are hard, if you don’t believe it You can just follow your nose It don’t bother me—times are hard everywhere We’ll just have to see how it goes. ~ Floater (Too Much to Ask) by Bob Dylan ~ Well, yes, Bob, we all know times have been hard, and you don’t need to

Continue Reading →

Can A Prenuptial Agreement Be Invalidated? The “Public Charge” Exception

High asset divorces often involve determinations concerning the enforceability of prenuptial agreements. While such agreements can be an effective way for parties to decide the financial consequences of a divorce prior to getting married, there are limits to how far courts will allow them to go. O’Daniel v. O’Daniel, 2013 WL 3282920 (Tenn.Ct.App June 26,

Continue Reading →

The Statutory Injunction : Mind Your Behavior When Divorce is Filed

What is “Statutory Injunction” and how does it affect your divorce? If you have filed for divorce, chances are you are already at the end of your patience. You’ve had it! You’ve tried marriage counseling. You’ve searched your soul. You’ve prayed on it. And, you’ve reached your conclusion. You have to get out of this

Continue Reading →

Tennessee Moves Toward Equal Parenting Time…But Not So Fast!

Whether you live in Nashville, Franklin, Brentwood, Murfreesboro, or Hendersonville, going through a divorce is not fun, especially when minor children are involved, and a determination must be made about how much parenting time each spouse will have after the smoke clears. In theory, Tennessee has moved closer to equal or shared custody arrangements and

Continue Reading →

The Dollars and Sense of Child Support Payments

Child Support Payments:  Dollars? Yes.  Sense? Maybe not. A troublesome and mystifying area of the law for many clients concerns the determination of child support payments.  Tennessee follows the “income shares” method, which entails a mathematical calculation based on each parent’s gross income and the number of days the child spends per year with each

Continue Reading →

Your Cheating Heart: The Consequences of “Fault Divorce” in Tennessee

Does “fault divorce” have consequences? Remember the Hank Williams’ song, Your Cheatin’ Heart?  The unfaithful lover is told: Your cheatin’ heart, Will make you weep, You’ll cry and cry, And try to sleep, But sleep won’t come, The whole night through, Your cheatin heart, will tell on you… Well, what may make the cheater weep,

Continue Reading →

Grounds for Divorce: Untying the Knot in Tennessee

Sadly, about half of all first marriages end in divorce, and the statistics for second marriages are even bleaker.  As Eric Clapton put it, “Why does love have to be so sad?” Well, I can’t answer that one.  It’s above my pay grade and, fortunately, clients don’t ask me.  What they do ask, however, is this: “I want

Continue Reading →