What is alimony in futuro in Tennessee divorce?

Tennessee has four (4) different types of alimony. Alimony in futuro is also known as "periodic alimony". This type of alimony consists of payments made on a long-term basis, typically until the death or remarriage (or cohabitation) of the recipient spouse. This type of alimony is modifiable by the court, and it can be increased, decreased or terminated upon showing of substantial and material change of circumstances. … [Read more...]

In re: Adoption of Angela E. – Termination of Parental Rights Based on Abandonment

Mother and Father divorced in 2001, and they had three children together. In August 2002, the trial court suspended Father's visitation with the children because evidence indicated the children might suffer irreparable harm while in the Father's care. Therefore, the Court found it was in the children's best interest to suspend his parenting time. Father filed to reinstate his visitation in July 2003, stating he did not know about the prior court hearing and, thus, failed to appear. Father … [Read more...]

Graham v. Vaughn: Relocation and Custody

Mother and Father were unmarried parents to a daughter who was born in 2004. The parties lived together only six (6) months after the child's birth. When the child was eight (8) years old, the Mother notified Father that she intended to move the minor child to Florida with her boyfriend. Father filed immediately to be recognized as the child's legal/biological father (establishing his paternity), to restrain the Mother from removing the child from the state of Tennessee and to be designated the … [Read more...]

Parental Alienation Leads to Change of Custody in Nashville, Tennessee Case: Austin v. Gray

The parents divorced in September 2007. At the time, the parties had one minor child (a son), and the parties entered an Agreed Tennessee Permanent Parenting Plan wherein the Mother was designated the child's primary residential parent. The Father was granted 130 days per year of visitation, and the parents shared joint decision-making. Following the divorce, the parties' communication and interactions became increasingly hostile. This was partly due to the Mother's "overt bitterness" against … [Read more...]

Court Declines to Set Aside Marital Dissolution Agreement and Tennessee Parenting Plan: Owen v. Haas

Husband and Wife married in 1996 and had three children together. While Husband was deployed overseas, Wife had an affair. When Husband returned home, Wife informed him that she wanted a divorce, hired an attorney, and filed for divorce on March 11, 2011. Husband did not have evidence of an affair, but he hired a private investigator. He did not disclose the fact that he knew about Wife's infidelity until the parties' mediation in November 2011. At that time, he confronted the Wife with … [Read more...]

I think I have a will somewhere, but I’m not sure where it is. What should I do?

It is very important that you keep your original will in a safe place - preferably a fire safe box or a safe deposit box at a bank. Make sure someone knows where to locate your original will if something were to happen to you. To properly administer your estate, your personal representative must file the original will with the court upon your death. Therefore, if you do not know where your will is, it is important that you attempt to locate the will or have a new will drafted. … [Read more...]

What is the difference between a will and a living will?

A will is a legal document that allows you to direct how your estate will be handled at your death. With a will, you are able to choose your heirs, rather than leaving that to be decided by the state. For example, if you wish to leave property to a charity, church or other individual with whom you are not related, you need to create a will. With a will, you can also establish what will be done with any assets you own, including real estate, at your death. You may also select who will serve as … [Read more...]

Toyos v. Hammock: Allowed Parental Relocation Reversed

In 2005, a child was born to these unwed parents.  That same year, the Father was established as the child's biological father, and he was granted visitation with the child. The Mother was designated the child's primary residential parent, with 275 days per year with the child. The Father received 90 days per year with the child. Father had visitation every other weekend, certain holidays, four weeks during the summer, and each Wednesday night. Around January 19, 2010, Mother sent a … [Read more...]

Division of Marital Property and Alimony Reversed: Hatfield v. Hatfield

Husband and Wife divorced after 24 years of marriage, with three minor children. The trial court found that the Wife had a financial need of $2,300.00 per month, but the Husband only had an ability to pay $1,500.00 per month. Since there were no assets from which an award of alimony in solido could be paid immediately, the Court awarded the Wife a "larger portion of the marital property in lieu of alimony in solido." The Wife was granted a divorce on the grounds of adultery by the Husband. … [Read more...]

What are the Benefits of Estate Planning?

Estate planning is an important process, and it is not just for those who are elderly. This process allows you to: Exercise control over how your property is distributed at your death; Appoint a guardian of your minor children, if necessary; Designate someone to make medical and healthcare decisions for you if you are ever incapable of making such decisions for yourself; Proper estate planning can also save your loved ones money; Leave property or money to an individual you are not … [Read more...]

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