Tennessee Uncontested Divorce Process

If you are looking to handle your divorce by agreement, this is known as an "uncontested divorce" or an "irreconcilable differences divorce." If you handle your divorce by agreement with your spouse, the divorce will be granted to the Plaintiff on the grounds of irreconcilable differences. These divorces are typically much quicker and simpler than a "contested" divorce, or a fault-based divorce where the parties do not reach agreement as to their property, support and parenting issues. If you … [Read more...]

Tennessee Court Rejects Agreement for Equal Parenting Time – Holmes v. Holmes

Mother and Father divorced after 13 years, and they had three children together. At the divorce trial, the parents announced an agreement to continue their equal time, week to week, schedule. The only issues presented for trial were which parent would be designated the primary residential parent and which parent would have ultimate decision-making authority. A psychologist testified that the current equal parenting time arrangement was working and that the children were well-adjusted, … [Read more...]

Court Clarifies Four Month Time Period for Terminating Parental Rights in Tennessee Adoption – In re Jacob C.H.

Mother and Father divorced in 2004 and had two children. Mother was initially the Primary Residential Parent for the children. Father remarried in 2006, and in 2008 the parties' parenting plan was modified to designate Father as the children's Primary Residential Parent. Mother had visitation rights to the children, but restrictions were put into place, including that Mother had to refrain from use of illegal drugs or alcohol. On November 17, 2010, Father and Stepmother filed a petition … [Read more...]

McDaniel v. McDaniel – Phone Call Admitted Into Evidence Overturned – Tennessee Wiretapping Laws

Husband filed for divorce in 2007, and he alleged that the Wife was guilty of inappropriate marital conduct or, in the alternative, that the parties had irreconcilable differences. The parties had three (3) children at the time, and the Wife also had three (3) children from a prior marriage. The Wife denied inappropriate conduct, and she counter-filed, alleging that the Husband was guilty of adultery and cruel and inhuman treatment. During the trial, the Wife was asked a series of questions … [Read more...]

Iman v. Iman: Modification of Parenting Schedule Based on Mother’s Relocation

The Mother and Father had one child and divorced in 2011. While the divorce was pending, the Father moved to Florida due to his military employment, and the Mother was designated as the child's temporary primary residential parent. During their separation, the parties shared parenting time equally, and the court noted that the schedule had worked well. At the final hearing, the trial court designated the Father as the child's Primary Residential Parent, and the child was allowed to move to … [Read more...]

The Attorney-Client Privilege and E-mailing Your Lawyer

The attorney-client privilege is the oldest privilege recognized in Tennessee. It is intended to protect communications between an attorney and his client, relating to the matter for which the client sought legal advice, from being discovered by the opposing party or any other third party. The purpose is to provide for full and frank communications between the attorney and client, without any fear that they will be compelled to disclose those communications to another person. For a client to … [Read more...]

Determining Tennesee Child Custody: What do the courts Consider?

There are a number of factors Tennessee judges consider when determining which parent should be designated the Primary Residential Parent. These factors are set out in Tennessee Code Annotated §36-6-106, which states: (a) In a suit for annulment, divorce, separate maintenance, or in any other proceeding requiring the court to make a custody determination regarding a minor child, the determination shall be made on the basis of the best interest of the child. In taking into account the child's … [Read more...]

In re: Jaiden C.W. and Caiden J.W. – Determining Income for Tennessee Child Support

Mother and Father were the unmarried parents of two minor children, both born in 2006. While the parties were still in a relationship, Father paid Mother $400 per month in child support. However, when the parties broke up in October 2007, the Father stopped all child support payments. The next month, Father filed a petition to establish his paternity, requesting that he be designated the primary residential parent of both children. Mother also filed, seeking child support. The trial court … [Read more...]

Price v. Price: Tennessee Court Declines to Require Child Support from Non-Biological Father

Husband and Wife married in 1989. During the marriage, Husband served in the United States Navy. He was on active duty from 1992 until 2005 and was stationed away from his family with only occasional visits home. While Husband was away, a male roommate lived in the family home. Wife gave birth to two children who are the subjects of this litigation. Both children were born during the parties' marriage. In 2001, Husband had a DNA test performed to determine if the older child was his … [Read more...]

Garrett v. Garrett: Change of School Zone Insufficient for Tennessee Custody Change

Mother and Father divorced in June 2012 in Tennessee. The parties had two children, and they agreed to split parenting time equally. However, the Mother was designated as the children's Primary Residential Parent in the parenting plan. Shortly after the divorce, Mother enrolled the children in a school close to her home, and Father objected. The trial court entered an order on August 13, 2012, requiring the children to stay in their pre-divorce school, Homestead Elementary School ("Homestead") … [Read more...]

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