It appears there has been a big push in recent years to encourage people to get their affairs in order. After all, many people — even celebrities with millions of dollars in assets — fail to have an estate plan in place. They die with no will, leaving family members...
You have probably heard some horror stories about the probate process. Probate is the court-supervised process of settling a deceased person’s estate and distributing property to heirs. Probate gets a lot of bad press with complaints about the time and money it can take to complete. In some cases, the...
A revocable trust is a type of trust that can be changed or terminated by the settlor, who is the person who created or contributed property to the trust. The settlor transfers ownership of assets into the trust and designates a trustee to manage those assets for the benefit of...
Preparing for what will happen at the end of one’s life is overwhelming, but necessary. An experienced attorney can assist you in this process and make it easier to navigate. What is a Living Will? A living will is a written document that states your end-of-life medical treatment preferences. For...
Evidence is critical when it comes to deciding civil and criminal cases. Judges and juries rely on evidence in determining whether someone is innocent or guilty, and the parties rely on evidence to support their case in a trial before the judge. For this reason, tampering with evidence is a...
You and your spouse are divorcing with one child. You want custody of the child. So does your spouse. But the main concern might be: who does the child want to live with? This is something you may have to keep in mind if your child is older. In any...
If you are the primary-residential parent in Tennessee, you are usually owed child support payments from the non-residential parent. These child support payments should be ordered by a court and are not voluntary or flexible. This means that once the court order is in place, if the non-residential parent has...
The time after a child loses both parents is a confusing one. However, there is law about who should become guardian of the child in Tennessee in these situations. Most adults are aware that they should have a will outlining how their estate will be distributed after they pass away....
Tennessee law requires the equitable division of assets during a divorce. Getting a divorce is one of the most challenging things you may ever go through. Not only does a divorce mean emotional trouble, but it can be logistically difficult, too. Before a couple’s divorce can be finalized, the couple...
When you are getting a divorce as a parent, it is important that you know the law and are represented by an attorney. For parents who are unmarried, separated from their child’s other parent, or are seeking a divorce from their spouse, the most heart-wrenching issue is usually the child...
Child custody agreements may not be the same since the COVID-19 crisis hit, but parents can follow certain tips to make theirs pandemic-proof. Parenting during the best of times is the hardest job in the world but parenting during a public health crisis poses its own set of challenges. For...
Parents involved in child custody disputes during the pandemic are finding they are continuing with the vaccine rollout. The COVID-19 pandemic has brought a number of challenges to families in Tennessee, and throughout the country. For parents who have gotten a divorce, it has presented even more difficulties. While Tennessee...
Addiction places an incredible strain on a marriage and there are some important considerations if it leads to divorce. An addiction to drugs or alcohol does not only affect the person suffering from it, but the entire family. For many, the problem may become so difficult that it results in...
Tennessee has a new law on the books that will no longer require handgun owners to obtain a permit, but it is not without controversy. It was in early April when Governor Bill Lee signed a new law that allows adults over the age of 21 to carry a firearm,...
While mothers are not always automatically granted child custody during a divorce, there are circumstances in which a judge may still favor a mom over a dad. Historically, mothers were often awarded child custody during a divorce, even though there is nothing in the Tennessee Code that states that mothers...
I am so pleased to announce that I have been chosen as a Super Lawyer for 2020. I am so proud to announce that I have been selected to the 2020 Tennessee Super Lawyers list. Super Lawyers is a service that rates only a few select attorneys in each state....
For some couples, legal separation is an alternative to divorce, but there are still legal requirements. When one or both spouses in a marriage know that their marriage has come to end, they do not always want to get a divorce. Sometimes, this is due to religious reasons while in...
Filing for divorce in Tennessee is relatively simple, but you will have to take additional steps if you cannot find your spouse. Not all married couples are living together when they seek a divorce. Sometimes, one spouse has already left the home before the divorce process begins. A spouse may...
If you are ordered to pay alimony in Tennessee, it is natural to wonder how long you will have to pay it. The answer will depend on several factors. Alimony is a very real part of many divorces in Tennessee, but not everyone receives it. There has to be an...
If there is a history of domestic violence in your marriage, consult with your attorney about how this may impact your divorce. If you are a victim of domestic violence, the most important thing is making sure that you are safe. After you are in a safe location and have...
A new bill was introduced that would allow property owners to shoot and kill those committing certain crimes on their property. A new, controversial bill was filed in the Tennessee legislature to try to change the way that those in our state can legally use deadly force. While under the...
Do you know your rights if you are unmarried at the time of your child’s birth? As a father in Tennessee, you may think that you have certain rights based merely on the fact that you know that you are a child’s father. However, if you are unmarried to your...
In August, the state of Tennessee issued clarity around how long families need to quarantine after testing positive for COVID-19 If you think that wearing a mask and having to work from home is unpleasant, you will not like the recommendation that families who are exposed to and contract the...
Make sure you understand that wearing a mask is not a crime, even if you are carrying a gun in Tennessee Have you heard rumors that if you are a lawful, rule-abiding citizen who has a permit to carry a gun, you will be arrested and charged if you carry...
At the time that a couple divorces, there are usually a number of issues that will need to be resolved before the divorce can be finalized. For example, couples will need to make determinations about how to divide property and pay debts, where shared children will live, and whether or...
At the time of a divorce, couples who are parting ways must work together to make a decision about the division of marital property. While this may be simple and straightforward for some couples, for others, it can be very complicated. Making a determination about property division is complicated even...
Getting a divorce is always difficult, but it is a challenge that is made even more emotional if you have children. It is possible for the couple to experience such extreme conflict that the negative emotions start to manifest themselves in various interactions with their children. For example, a crying...
Probate is the process of proving a person’s will and distributing their estate to beneficiaries. Learn which assets will pass through probate and which will not. The probate process is often a lengthy one, and when planning for their estate, many people want to do it in a way that...
Among all the worries people have during COVID-19, divorced parents are adding child custody to the list. The coronavirus pandemic has changed the lives of so many in just about every way imaginable. Perhaps one issue certain individuals did not see coming was child custody.Divorced parents throughout Tennessee are worried...
Individuals considering divorce may find a benefit when they file first. Individuals sometimes consider divorce for a long time before they actually file. Sometimes, while they are still considering the situation, their spouse files for divorce first, which could in certain situations give the spouse an advantage during the divorce...
COVID-19 has touched everyone in the country in some way. And it is even affecting child custody and parenting time issues. All good parents want to keep their children safe. That is sometimes difficult under the best circumstances, but it becomes even more of a challenge during a pandemic such...
Franklin divorce lawyer explains some realities Divorce can be such a contentious and emotionally heightened process, and a lot of misinformation can easily be spread. You or your spouse might spread misinformation to the other, and well-meaning friends and family can share misinformation with you, about what to expect from...
Divorce affects nearly every aspect of your life, and it is understandable if tax matters are not the most pressing on your mind. However, divorce can have some tax implications, and it is important that you know what they are so that you comply with the laws and file your...
Drafting a will can make the probate process simpler, but how long does probate last when there is no will in place? No one wants to go through a long complicated process of probate, nor do they want their family members to go through it after they pass away. This...
Franklin divorce lawyer discusses the leading causes of divorce and the legal impact I’m Judy A. Oxford, and from handling divorce cases for many years, I’ve seen most everything. I’ve heard from people who decided they wanted a divorce because their spouse became too religious, as well as people who...
Franklin divorce lawyer provides guidance on this little-known point of law When you get divorced, tensions are high, and you may not be thinking most kindly about your spouse. Depending on the circumstances of your marriage and divorce, you may outright hate your spouse – and have good reason to...
If you have had an extramarital affair and are now in the process of divorce, will you pay a higher price for your actions? Does the act of adultery come into play in divorce proceedings? In short, how much does an affair cost in Tennessee? Adultery serves as grounds for...
Franklin divorce lawyer helps grandparents protect their rights In a typical divorce, only the two spouses would be likely to go to the mat over issues like child custody or child support. But there are many more people involved in a child’s life, including their grandparents, aunts and uncles, cousins,...
When you are served with divorce papers – or if you are the one filing for divorce — it is common to feel overwhelmed, confused, upset, and completely unsure of what to do first. But by taking a few key steps, and implementing some strategies for divorce success, you can...
Divorce can be a complicated process. It touches on many aspects of our lives, from financial implications to issues concerning child custody. For those serving in the United States military seeking a divorce, this process can be even more challenging. Divorce for military persons can have a few different rules,...
Franklin divorce lawyer helps clients prove cause in contested divorces As in many other states, you can get a divorce in Tennessee just because you and your spouse agree that things just aren’t working out anymore. Provided you come to an agreement on all the terms of the divorce. In...
Perhaps you have heard the term “wage assignment” but don’t know exactly what it means. It means that under the law, your employer can be directed to withhold a portion of your wages and send that money to pay your child support and alimony. This can be done even if...
Marriage is personal and divorce is, too. Many couples – or at least some spouses – don’t want to “air their dirty laundry” in a public arena. You may feel like the details of your divorce are nobody’s business except yours and your spouse’s. But how can you protect your...
So your ex-spouse is marrying again and you are excited. Not because you are eager to wish them a “happily ever after” life with their new spouse, but because you think that you will no longer have to provide support payments. But does alimony and child support end if the...
Franklin family law attorney explains your options when you want to move Parenting becomes a lot more complicated after divorce, or after a custody or parenting plan order has been entered if you were not ever married to the other parent of your children. Though you may have decided to...
Franklin divorce lawyer explains the perils of online and DIY services Divorce is notoriously expensive. You may have seen that old bumper sticker that says, “Marriage is grand, but divorce is Fifty Grand.” Not only is it hard to drop from two incomes down to one, and take on the...
Franklin divorce lawyer explains the legal issues; you may need updates to protect your assets Hopefully, you have an estate plan in place, no matter how old you are or how many assets you think you have. Even a simple will can help to ensure that your money, home, and...
Skilled Franklin divorce lawyer explains how to prioritize the process and why it matters Divorce usually blindsides you. Even if you were the one who made the decision to divorce after months or even years of deliberation, it’s still an emotionally devastating decision. You may be reeling from the decision...
Franklin divorce lawyer explains why it might not be over when the divorce decree is signed Divorce can be a long and grueling process – emotionally if not logistically – and when it’s over, you just want it to be over. You don’t want to have to revisit that fight,...
Franklin divorce lawyer shares some signs, explains how you can prevail in court I’ve been a practicingdivorce lawyer in Franklinfor many years. In my practice, I have talked with many clients who feel like something just isn’t right when they review their finances with their spouses. It’s usually a wife...
Franklin divorce lawyer explains how representation can make or break your case There is a lot of information online letting you know how to file for your own divorce in Tennessee. There are even forms available that you can fill in, print out, and file yourself. Because divorce can be...
Experienced Franklin divorce attorney outlines what’s at stake? By the time you start the divorce process, you may have thought about a lot of things in detail, such as who will keep the house or how you will split the profits if you decide to sell it, how you will...
Work with an experienced Franklin real estate lawyer to protect your rights When you buy a home, you are making a major investment. If you are buying the home for yourself, you likely plan to live in it for a long time. But even if you aren’t buying the house...
Franklin real estate attorney explains what you need to know about the law You may be surprised to learn that the neighbor who has planted a flower bed on part of your property and who keeps mowing part of your lawn every week may actually have a claim to your...
Murfreesboro family lawyer explains how these agreements may benefit you Prenuptial agreements are becoming more common. More people are recognizing the benefits such agreements can have, and they are losing some of their stigma. Many people who consider getting a prenup are focused on the division of assets in case...
In Tennessee, you can file for an irreconcilable differences divorce so long as you and your spouse both agree that you simply can’t work out your differences and you no longer want to be married. But you can also file for divorce on the grounds of fault, and one of...
Franklin Tennessee divorce attorney explains how to protect your rights and get the most from your divorce You are not a divorce expert. Why would you be? Unless you went to law school and focused on divorce for your practice area, you have no reason to know the ins and...
Franklin divorce attorney explains why you need a savvy legal advocate on your side After making the decision to file for divorce, many people want to get on with it as quickly as possible. However, most are unclear about exactly what must happen to divorce, so they don’t understand how...
Franklin divorce attorney explains the rules and what to expect Once you decide you decide to divorce, you may want it to be final as soon as possible. You may want to cut ties and move on with your new life quickly. Even if your split was amicable, you may...
Franklin divorce attorney explains the unique laws in the state Some states are called “no-fault” states when it comes to divorce because they do not require that you prove there was some reason for the divorce, such as that your spouse committed adultery or abused you. All you have to...
Franklin underage DUI attorney explains Getting caught driving under the influence of alcohol or drugs can result in serious penalties for any driver. But if a teenager is caught, the criteria for prosecution is lower and the penalties can have long-lasting consequences. Anyone under the age of 21 can be...
Franklin divorce attorney explains the dangers of dating before divorce is final Divorce can drag on for a long time – sometimes even years. Often, the marriage is over long before divorce proceedings even begin. So many people are ready to start dating again before the divorce is final. Since...
Experienced Franklin divorce attorney explains how it can have an advantage Divorce can often feel like a battle. Just like in a battle, whoever strikes first can sometimes have a strategic advantage. In a divorce, that first strike is filing for divorce. You both already know that it’s coming –...
Franklin criminal attorney explains how criminal traffic offenses can follow you Most times, when you are pulled over by the police, it’s for speeding or another minor offense and you may get a ticket, possibly resulting in a fine and maybe a point or two on your driver’s license. You’ll...
Franklin divorce attorney explains how infidelity can affect your divorce Adultery can devastate a marriage, and in Tennessee, it can have an impact on the divorce. In Tennessee, the law says that the court may divide the assets equitably without regard to marital fault in proportions as the court deems...
Franklin divorce attorney explains how to stay out of legal hot water and protect your rights A recent NPR story looked at the rise of digital spying among divorcing spouses and talked to a panel of experts about what the law allows. All the experts agreed that they are seeing...
Divorce is complicated enough as it is. But what happens when your spouse suddenly dies before the divorce has been finalized? Not only do you deal with the social confusion about how to behave – are you the grieving widow? what if your spouse was already in a new, committed...
Franklin divorce attorney explains nuances of equitable division of assets In Tennessee, marital property must be divided equitably. That means that if you buy a house while you’re married, you and your spouse are both entitled to the equity in that home. But that doesn’t necessarily mean that you will...
Most people aren’t experienced at divorce. Even if you have been divorced before, the process is so emotionally-charged and at times, frustrating. As an experienced Franklin divorce lawyer, I have helped hundreds of individuals weather the storm of divorce. With my experience and legal savvy, I help clients learn what...
You likely got married with the idea that it would be for good. You worked together to build for your future, perhaps buying a home, investing in rental properties, and investing in retirement accounts. But things change, and the marriage that may have made you so happy before may now...
With the start of every New Year, people start thinking about what they did wrong the year before, or what they wish had gone better. Then they make plans to make big changes. Typical resolutions include things like losing weight or saving money. Interestingly, many married couples make the resolution...
We celebrate when couples celebrate a 50th wedding anniversary. We look to these couples for clues on how to make a marriage work. We see them as examples of the staying power of love. But, it turns out, some of these couples may just be counting down the time to...
Franklin divorce attorney explains special considerations in these cases Children with special needs get special consideration in a divorce. These children may need to get many types of services or medical care, ranging from “simple” services like speech therapy and tutoring to intensive care like full-time, in-home care from a...
Coming up with a schedule for who gets the kids on Thanksgiving and Christmas can seem really hard. This is especially true when the children are really young. Many parents can’t imagine their children waking up on Christmas morning without them. Nor can they imagine having Thanksgiving dinner without them...
People used to get married when they were in their early 20s, or even their teens. Now, the thought of getting married so young seems unthinkable to many millennials, who are getting married later than ever. Many are waiting to get married in their 30s, and some are even waiting...
Franklin divorce attorney helps clients affected by adultery get what they deserve Finding out that your spouse is cheating on you can be devastating. Some couples try to work through the crisis and save their marriage, but many call it quits after they learn that a spouse has been unfaithful....
Franklin divorce lawyer helps business clients protect themselves after marriage ends Everything you acquire while you are married becomes subject to division when you get divorced. (If you have a prenuptial agreement, then this article most likely does not apply to you). Even if you owned property or a business...
Franklin divorce lawyer explains what you need to know to protect your interests Divorce is such a complex and emotionally draining process. You have to sort through everything you own and determine who gets what. You have to dissolve all your joint accounts and change over all your beneficiaries. You...
Helping you understand Tennessee alimony laws and how certain life changes can impact your eligibility for spousal support Alimony, also known as spousal support, is one of the primary areas of contention during the divorce process. Disputes regarding who has to pay, how much must be paid and the duration...
How to protect your best interests and reduce stress during an already emotional and challenging time The decision to end a marriage is rarely an easy one and often comes after significant soul-searching and introspection. The divorce process can be both emotionally and financially stressful and may also involve time-consuming...
An experienced family lawyer makes the process easier Tim Robbins and Susan Sarandon were together for more than 20 years, but they were never married. Goldie Hawn and Kurt Russell have been together for more than 34 years, but they have never married. These two couples aren’t just Hollywood anomalies...
College campuses in Tennessee aren’t just places where a lot of learning takes place; according to new data from the Tennessee Bureau of Investigation, they are also hotbeds for criminal activity, including assaults, fraud, larceny, and theft. The TBI issued its “Crime on Campus” report, which showed that overall crime...
Experienced Franklin TN business lawyer explains legal issues involved Divorce is complicated even when you have just a home between you. Throw in a business, and things can get very contentious and very sticky fast. One partner may not want to give up the business, or one partner may not...
The laws are complex, and an experienced Franklin business lawyer is needed Anyone who works in a position in which a client works with them under special trust or confidence is considered a fiduciary. Doctors can be fiduciaries because they must keep their patients’ confidence and because patients rely on...
An experienced Franklin divorce lawyer explains what’s involved To achieve fair and equitable division of property and other assets during your Tennessee divorce, you must first know exactly how much you and your spouse have together. This can include real estate such as your marital home or rental properties, vehicles,...
Ideally, every person will design an iron-clad estate plan before they die so that there is no question about who will inherit those assets. Unfortunately, we don’t live in an ideal world, and plenty of people die without so much as a will. Others create estate plans that leave room...
Your Franklin family law attorney can guide mediation if you can’t reach an agreement Like many other states, Tennessee prefers to give children regular time with both parents to ensure their healthy development and emotional and mental well-being – assuming that doing so is in the best interests of...
Franklin DUI attorney helps you understand your legal options and protect your rights Driving under the influence is very serious. Not only are you putting yourself and other drivers at risk, but you are also putting yourself in legal jeopardy if you are caught. Tennessee has some serious penalties for...
Experienced Franklin divorce lawyer helps you understand what’s at stake in these cases There are plenty of kits that promise to help you file your own divorce, as well as plenty of information online to tell you how to do it yourself. However, no kit can help you negotiate for...
Experienced Franklin child custody attorney explains the highlights of the law and how they may affect you How you will split custody of your children is one of your primary concerns when negotiating your divorce or separation. When deciding on child custody agreements, the court will be concerned with what...
An experienced Franklin divorce attorney explains your legal rights and obligations You have marital property in marriage, but you also have marital debt. Just as you have the right to a share of any assets acquired during your marriage, such as your home and your investments, you also have the...
Tennessee couples who are planning to get married should learn the many ways that a prenuptial agreement can help them. When considering plans for a wedding and future together, a prenuptial agreement may not be the first thing that comes to the minds of Tennessee residents. However, it really should...
Compared to married couples, unmarried parents often face a unique set of legal obstacles when they decide to part ways, owing to the fact that their relationships with one another and their children are not always clearly defined in the eyes of the law. Establishing paternity One of the most...
The intense level of emotion that often accompanies a divorce can drive one or both parties to make unwise and harmful decisions about each other or their children. One of the most destructive such choices is the involuntary removal of a child from the custody of the parent who has...
In a case that created a debate about the role of courts in families’ private religious decisions, a Tennessee woman faces jail time for having her kids baptized. The mother had her two children baptized without her former husband’s knowledge or consent despite a provision in a court order requiring...
Tennessee child custody law requires that arrangements be made in the best interest of the child. When a Tennessee parent faces divorce and has a minor child, one of the most stressful aspects is the uncertainty of future child custody arrangements. Where will the child live and go to school?...
The law Driving while intoxicated, also known as driving under the influence, is always a serious criminal offense to be charged with. A DUI offense for a juvenile is even more serious in Tennessee. That is because, if you are under 21 years of age and are stopped while driving...
On sitcoms and soap operas, when the day before the big wedding arrives, a high-powered male will whip out a piece of paper – usually at the urging of his over-bearing mother – and demand that his wife-to-be sign a prenuptial agreement that will leave her penniless if she divorces...
Divorcing couples often don’t realize that the law allows other avenues to resolve a divorce than just traditional litigation. Mediation and collaboration can be much less stressful and expensive. Married couples who decide to divorce often believe that what’s ahead is a stressful, costly experience that will leave them exhausted...
Whether or not a divorce has been contentious, ultimately families must continue with their day-to-day lives. However, if children are part of the equation, post-divorce complications can erupt with regard to visitation; but fostering beneficial parent-child relationships does not have to evolve into a new battlefield for estranged couples. Continuity...
Tennessee law about property and debt division in divorce is complex and based on fairness. Anyone facing divorce is concerned about how property will be divided and who will be responsible for debts. Tennessee divorce law governing property and debt division is fairly complicated as compared to that of other...
The deeply emotional nature of a divorce can make it difficult for Tennessee couples to keep a clear head and eye on all of the things that need to be accounted for or divided without making errors that leave one in an unnecessary bad situation. Whether retirement is decades or...
Recent celebrity divorces – such as the split between Danny DeVito and Rhea Perlman, after 30 years of marriage – have once again focused attention on the increasing number of so-called gray divorces in the United States. The term “gray divorce” is used to refer to splits between couples over...
A recent decision by the Tennessee Supreme Court overturned an earlier Court of Appeals decision to award lifetime and lump sum alimony to a Hendersonville woman. Johanna and Craig Gonsewski divorced in 2009 after 21 years of marriage. Both were college educated and held stable and well-paying jobs. In the...
When couples in Tennessee decide to end their marriage, one of the first questions they ask is what happens to our retirement plan (or plans, if both spouses have one)? As with all questions of property division, the parties themselves can resolve the question by entering into an antenuptial agreement...
Domestic violence can be one of the costliest by-products of a divorce. The anxiety and stress that often accompany divorce proceedings can lead to hurtful and sometimes deadly assaults by one spouse on the other. While most such incidents involve men assaulting women, men are occasionally victims as well. The...
Almost all divorces in Tennessee involve some degree of stress, and some involve a very high degree of stress. For some couples, solving issues regarding parenting, such as physical custody and visitation, can be especially difficult. For others, alimony can be problematic. Couples with a high net worth will spend...
Domestic violence has many causes, but buying groceries and other necessities for a couple’s child would seem to be far down the list. Unfortunately, a recent case in Nashville shows that even this mundane act can lead to domestic violence. According to allegations in the victim’s statement to police, her...
For most couples living in Tennessee who are seeking a divorce, the issues in the divorce – child support and custody, alimony and property division – will be decided by the courts in this state. But some wealthy couples have more than one residence, and this fact can complicate a...
For many Tennessee couples, a retirement plan is their most valuable asset. Some couples will forego other forms of retirement investment or savings and instead invest in an employer-sponsored plan that also draws employer contributions. If a couple has been married for many years and has been contributing to the...
Domestic violence can have many causes, from a minor disagreement to spousal infidelity. In a recent case in Nashville, an argument over poses for a photo shoot recently erupted into domestic violence in the home of country music producer Tony Brown, one of the most prolific record producers in the...
Grandparents can become the forgotten parties in Tennessee divorces, even though they may have close and enduring relationships with their grandchildren. A bill recently by the Tennessee House of Representatives aims to protect the grandchild-grandparent relationships of both sets of grandparents by expanding the authority of judges to make specific...
Dividing assets in a Tennessee divorce can be relatively simply if the value of the assets can be readily ascertained. For example, real property can be appraised. The value of stock in a publicly held corporation will depend almost entirely on the price at which the stock trades. In contrast,...
Tennessee has enacted stringent laws to control domestic violence. It has also enacted several laws to sever the link between domestic violence and firearms. Despite these laws, recent data shows an increase in homicides caused by handguns in cases of domestic violence. An analysis recently published by the Associated Press...
Dividing property can be one of the most difficult issues in a divorce, especially in those cases where the parties have accumulated significant assets during the marriage. Tennessee law requires the divorce court to order the parties to participate in mediation to resolve their differences, including the division of marital...
In Tennessee and elsewhere, acts of domestic violence are rarely premeditated; rather, they most often arise from spur-of-the-moment arguments about any number of life issues. A false allegation of domestic violence can also be spawned by the same incident or by a wish to gain revenge for imagined abuse. In...
This blog has written before about the use of prenuptial agreements in Tennessee to protect a person’s assets from an unfavorable distribution in the event of a divorce. Tennessee’s divorce code expressly states that such agreements are enforceable and binding upon the courts if certain conditions are met. What happens,...
A divorce in Tennessee can involve many emotionally and financially difficult issues, including custody of minor children, payment of spousal maintenance (alimony) and property division of the couple’s assets. If a couple cannot agree on the resolution of these issues, the court will impose its own solution based upon the pertinent...
When most people in Tennessee hear the phrase “child custody fight,” they assume that the dispute is limited to the child’s parents, but some custody disputes may involve other parties, including grandparents, the state of Tennessee and one or both natural parents. A year-long child custody fight involving all of...
As most divorcing couples in Tennessee realize, the entry of the divorce decree by the court does not always end disputes about child custody or the payment of alimony and support. A common cause of such disputes is the decision by one or both spouses to relocate to another state....
Disputes concerning child custody between divorcing spouses are common features ofdivorces in Tennessee. A less-noticed type of custody dispute is the desire of biological grandparents to obtain and enforce a legal right to visit a child after the divorce becomes final. When the Tennessee legislature adopted the Uniform Child Custody...
Domestic violence can take many different forms. Sometimes it involves the use of a weapon; in other instances, physical force is used. As demonstrated by a recent arrest for domestic violence crimes in Murfreesboro, many cases also involve a threat of greater violence used to intimidate the victim. A 22-year-old...
On behalf of Judy A. Oxford, Attorney at Law posted in Child Custody on Thursday, December 10, 2015. The custody of minor children can be one of the most painful and contentious issues in many Tennessee divorces. The argument usually focuses on which parent will have physical custody of the...
In our last post, we reviewed the income tax consequences for persons in Tennessee of an order for dissolution of the marriage that requires one spouse to pay alimony to the other. In this post, we want to cover several miscellaneous tax topics regarding divorce that do not by themselves...
If a divorcing couple cannot decide between themselves on how to divide their assets, Tennessee law requires that those assets be divided “fairly,” that is, in a manner that the judge finds best serves the post-divorce interests of each parent. If the couple has minor children, the best interests of...
One of the most complex property division issues in a divorces is allocating benefits from the retirement plan of one or both spouses. The question becomes especially difficult if both spouses have been employed and have contributed to their respective retirement plans or if one spouse has an especially lucrative...
judy@judyoxfordlaw.com
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