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Blog Posts - Family law

What is a POA and Who is Entitled to One?

A power of attorney can be an important part of an estate plan, but there are specific things to know when creating one. A power of attorney (POA) is a very important tool that is included in many estate plans. A POA will allow another person to assist with your...

How Often Should I Update My Will or Trust?

A will is an essential legal document that allows you to plan for the distribution of your assets and property after you pass away. However, many people make the mistake of assuming that once they create a will or trust, it is set in stone and does not need to...

What if I Die Without a Will in Tennessee?

Death is an inevitable part of life, and while it is not something that most people like to think about, it is important to be prepared for what happens when it occurs. One of the most important ways to prepare for your passing is to have a will in place....

Who Needs a Will?

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...

What is a Revocable Trust?

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...

What is a Living Will or Other Advance Directive, and Do I Need One?

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...

­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...

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...

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...

Frequently Asked Questions About Divorce for Military Persons in Tennessee

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,...

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...

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...

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...

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...

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...

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,...

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...

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...