Marriage/Divorce

    Marriage/Divorce

    Issues concerning family law are incredibly difficult, emotionally and financially. Our goal is to provide you with caring and competent advice that will keep you informed and protect your legal interests. Whether you are facing a divorce, a custody battle, or child support claim, we will be by your side every step of the way. 

    Marriage

    • Prenuptial Agreements
    • Postnuptial Agreements



    Prenuptial Agreements

    If you are married or are considering marriage, postnuptial and prenuptial agreements are important to your financial future. These Agreements will protect your assets in the event of divorce and/or secure additional assets for you.

    If you are contemplating marriage and feel that you might need to be protected by a prenuptial agreement, it is important to consult with a knowledgeable attorney who can ensure that you enter into a valid agreement that will protect your interests and be enforced in Tennessee. 

    A prenuptial agreement should disclose very specifically what assets and debts each party owns prior to the marriage, as well as the rights and responsibilities of each party in the event of divorce.

    Because such agreements can be complex and frequently litigated, it is important that you consult an attorney from the beginning for this type of agreement. You will spend less time in court deciding how to divide your assets and liabilities which can also reduce your attorney fees in the event of a divorce. 

    Postnuptial Agreements

    If you are already married but feel that an agreement with your spouse is necessary to specify the division of assets and liabilities, or as part of a reconciliation, you may consider entering into a postnuptial agreement.

    These agreements are important when one party's financial circumstances have changed through inheritance, promotion, stock options, etc., when a couple desires to amend an existing prenuptial agreement, or there is a separation or filing of divorce and then a reconciliation. 

    When properly prepared and executed, a postnuptial agreement can relieve stress on a marriage and create a harmonious resolution to existing financial issues.

    Divorce

    If at all possible, couples should attempt marital counseling before consulting an attorney regarding a divorce, particularly if there are minor children involved. 

    However, if you feel that there are issues that cannot be reconciled, it may be time to consult us about your legal rights. 

    Uncontested Divorce

    In an uncontested divorce, both parties agree to the divorce and the division of assets, liabilities, and alimony. If there are children involved, they agree to a Permanent Parenting Plan, which includes child support. If both parties approve the terms, they execute a Marital Dissolution Agreement.

    Such a divorce is based on irreconcilable differences and no legal fault is placed on either party. Uncontested divorces may be granted after 60 days, or, if there are minor children, after 90 days. 

    Contested Divorce

    In a contested divorce, spouses do not agree on each other’s terms. In this case, fault must be alleged against one or both spouses. If there are children under 18 involved, you and your spouse/partner must attend a parenting seminar and attempt to work out a parenting plan for your children. 

    A contested divorce cannot go to court until the parties have attended mediation. In the case of a contested divorce, it is wise to consult an attorney to discuss your rights when it comes to parenting, division of property, alimony and other issues. 

    Issues concerning family law are incredibly difficult, emotionally and financially. Our goal is to allow you to focus on the wellbeing of your family, while we pursue and protect your legal interests. Whether you’re facing a divorce, a custody battle, or child support claim, we will be by your side every step of the way, guiding you through the process and advocating for your rights

    Child Custody & 
    Parenting Plans

    If you have children under the age of 18, you must attend a parenting seminar, negotiate a parenting plan, establish child support, living arrangements, etc. Parenting plans include several major elements including which parent will be the primary residential parent and which will be the alternate residential parent, and who has the right to make decisions concerning the child’s education, medical care, and other issues. 

    The parenting plan will designate a Primary Residential Parent (PRP), the one the child will live with most of the time. The child may live primarily with one parent, or live with each parent for an equal amount of time. Parenting plans establish terms and amounts for child support.
     
    If parents cannot come to an agreement concerning a parenting plan, the court will make one for them. The court considers many different factors when deciding a parenting plan including financial stability, living standards, and the overall relationship of the parent and child. Children 12 years or older may also express a preference as to which parent they would like to live with. Regardless of the circumstances, the ultimate goal of the parenting plan is always the best interests of the child. 

    Child Support

    The amount of child support a parent pays is determined by the Tennessee Child Support Worksheet which is available at www.tn.gov/humanservices/for-families/child-support-services/child-support-guidelines-downloads.html. 

    The amount of child support will be stated in the parenting plan and the Court requires that a copy of the Child Support Worksheet be attached to the Permanent Parenting Plan. If there is a drastic change in income or circumstances, either party may file a Petition to Modify child support to decrease or increase child support payments.

    Parenting Plan Modification

    Similar requirements apply if you want to change your parenting plan. If one parent neglects the child’s wellbeing or does not comply with the plan, a Petition to Modify and for Contempt may be necessary. You cannot modify child support or the parenting plan without an Order from the Court.

    The standard for modifying a Court's prior order regarding custody or parenting schedule is whether a material change of circumstances, affecting the child's best interest, has occurred. A material change can include significant changes to the need of the child or children, significant changes in the parents’ living or work conditions, failure to adhere to the parenting plan, or other circumstances making a change in the residential parenting time in the best interest of the child or children. 

    If you are experiencing difficulties with your parenting time or feel that it is in the best interest of your child to modify your existing parenting plan or if you need to modify child support, you should contact us concerning your legal rights.


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