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Dividing Assets During a Divorce

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...

How is Custody Decided in TN?

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...

Creating a Pandemic-Proof Child Custody Agreement

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...

Custody Battles Continue to Rise with Pandemic and Vaccine

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...

Divorcing an Addict in 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...

Do Family Courts in TN Rule in Favor of the Mother?

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...

Judy A. Oxford Chosen as a Super Lawyer!

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....

­Legal Separation in TN

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...

I Cannot Find My Spouse for a Divorce

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...

How Long Do I Pay Alimony in TN?

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...

How are Divorces Affected by Domestic Violence?

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...

New TN Bill Introduces Deadly Force for Property Crimes

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...

The Rights of Unmarried Fathers

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...

TN Families Now Being Asked to Quarantine for Almost a Month

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...

Wear a Mask, Carry a Gun, No Problem

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...

How Many Years Do You Have to be Married to Get Spousal Support?

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...

Does a Trust Protect Assets in a Divorce?

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...

What Does ‘Parental Alienation’ Mean?

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...

What Assets Can Go Through Probate?

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...

Could You Lose Child Custody in TN if Infected With COVID-19?

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...

Is There a Benefit to Filing for Divorce First in Tennessee?

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...

Dealing with Parenting Time During the Pandemic

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...

Common Myths About Tennessee Divorce

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...

How Long is the Probate Process in Tennessee Without a Will?

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...

Why is My Marriage Failing? Top Reasons

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...

How Much Does an Affair Cost in Tennessee?

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...

Can Grandparents be Banned from Seeing Grandchildren After Divorce?   

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,...

Strategies for Divorce Success

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...

What are Grounds for Divorce in Tennessee?

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...

Child Support Wage Assignment in Tennessee

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...

Protecting Your Privacy During Divorce

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...

What Happens to Support Payments After Remarriage?

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...

Know Tennessee Law on Parental Relocation Before You Move

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...

Why Hiring a Divorce Attorney Will Save You Time and Money

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...

How Marriage and Divorce Affects Your Estate Plan

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...

Considering divorce? Critical first steps to take

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...

Why You May Need Legal Guidance After Divorce

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,...

Is My Spouse Hiding Assets?

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...

Why You Need a Skilled Divorce Attorney

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...

What are the Tax Implications of Divorce?

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...

Adultery in Tennessee - Does Cheating Affect Alimony?

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...

Common Divorce Mistakes You Should Avoid

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...

The Tennessee Divorce Process from Start to Finish

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...

How Long Does it Take to Get Divorced in Tennessee?

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...

Is Tennessee a No-Fault State When it Comes to Divorce?

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...

What Should I Do if My Teenager Gets a DUI?

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...

Should You Date While Legally Separated in Tennessee?

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...

If I File for Divorce First, Does it Help My Case?

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 –...

Does a Criminal Charge Affect My Driving Record?

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...

Can You Sue for Adultery in Tennessee?

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...

Digital spying on the rise in divorce cases, but is it legal?

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...

What do you do if your spouse dies in the middle of a divorce?

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...

Is Property Split 50-50 in a TN Divorce?

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...

Avoiding These Key Mistakes Means an Easier Divorce

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...

How Does Divorce Later in Life Affect Retirement?

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...

Is There a Current Trend of Divorce after Decades of Marriage?

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...

How is Divorce Handled for Parents of Special Needs Children?

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...

Does Cheating Impact a Divorce Settlement in Tennessee?

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....

What Business Owners Need to Know When Filing for Divorce in Tennessee

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...

The Difference between Annulment and Divorce

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...

What to Do Before Telling Your Spouse You’re Filing for Divorce

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...

Should Unmarried Couples Get a Lawyer When They Separate in Tennessee?

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...

Increasing Crime on Campus Highlights Risk of Assault, Fraud

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...

Things to Consider When Divorcing a Business Partner in Tennessee

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...

Uncovering Hidden Assets in a High Net-Worth Divorce can be Tricky

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,...

Navigating Co-Parenting Disputes During the Holidays

  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...

Tennessee DUI Laws Impose Serious Penalties

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...

Why You Need a Tennessee Divorce Attorney

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...

TN Law Clarifies Rights Parents Have When Sharing Custody

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...

What Happens to Debt in Divorce?

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...

Why a Prenuptial Agreement Makes Sense

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...

Unmarried Parents Face Unique Obstacles in Tennessee

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...

Understanding custodial interference in Tennessee

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...

Tennessee Mom Gets Children Baptized, Could Go to Jail

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 Family Law: Custody In the Child’s Best Interest

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?...

“Strict” law for underage DUI drivers in Tennessee

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...

Prenups and Enforceability

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...

Mitigating the Stress of a Divorce Through Mediation, Collaboration

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...

Making Visitation Work After Divorce

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...

How Property and Debt are Divided in a Tennessee Divorce

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...

Five Ways Tennessee Residents Can Protect Retirement During Divorce

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...

Divorce Rate On the Rise for Those Over 50

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...

Contentious Alimony Case Overturned by Tennessee Supreme Court

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...

What happens to retirement plans in a divorce?

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...

Nashville looks for ways to help domestic violence victims

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...

Having the right lawyer can help prevent divorce fraud

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...

Mother threatened by child’s father after buying necessities

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...

Location of divorce may affect property division

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...

Dividing a 401(k) plan in a Tennessee divorce

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...

Music producer Tony Brown charged with domestic violence

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...

Bill would strengthen grandparents’ visitation rights

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...

Valuing a professional practice in a divorce

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,...

Study shows homicides persist despite domestic violence gun laws

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...

Mediating property division in a divorce

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...

Understanding domestic violence in Tennessee

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...

Challenging a prenuptial agreement in Tennessee

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,...

Dividing property in a Tennessee divorce

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...

Baby’s death ends complex, difficult custody dispute

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...

Enforcement of custody orders in other states

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....

Grandparents’ visitation rights in Tennessee

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 leads to alleged death threat

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...

The rights of non-custodial parents under Tennessee law

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...

Miscellaneous tax questions concerning divorces

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...

Handling high asset divorces in Williamson County

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...

How QDROs divide retirement plan benefits in Tennessee divorces

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...