Divorce: An uncontested divorce in Tennessee is available if the parties have agreed on all aspects of the divorce, including the division of all property, all debts, alimony, child custody and child support. The parties may agree among themselves or utilize attorneys and/or mediators to resolve disputed issues.
A contested divorce is the type of divorce required when the parties cannot agree on the above referenced issues. One party will have to sue for divorce based on one of the statutorily defined fault grounds, including but not limited to adultery, abandonment, cruelty, etc. Tennessee law now requires mediation in all contested divorces.
There is no community property under Tennessee law. There is separate property (property the parties owned prior to marriage or which they obtained by gift or personally inherited during the marriage) and marital property (property acquired during the marriage except by gift or bequest). Marital property is subject to equitable division, and separate property is generally not considered for division.
Child Custody: Where the parents of a child or children do not live together, custody must be determined. This can be done in a divorce hearing or in custody hearing if there is no marriage. When deciding which home to place the child, the law requires the court to consider the “best interest of the child.” Generally, the court’s consideration entails, but is not limited to, the following:
> Wishes of the child and parents
> Relationship with parent
> Relationships with siblings
> Relationships with other people who may substantially affect the child’s best interest
> Comfort in the current home, school and community
> Mental and physical health of the individuals involved in taking care of the child
Child Support is a periodic payment made to a custodial parent from a non-custodial parent to help compensate for child’s living expenses including food, clothes, medical care, and other needs of the child. When one parent is awarded sole or primary physical custody, the non-custodial parent is required to fulfill his or her child support obligation by making set payments, the obligation to support minor children cannot be waived by either parent, as it is a right enjoyed by the child, not the parent. The amount of child support is calculated according to a variety of factors set by state law including each parent’s income, the child’s various needs and the amount of time each parent spends with the child. The courts and this law firm encourages both parents being actively involved in the rearing of the child.
Custody Modifications: Child custody can be modified if there is a substantial and material change in circumstances such as relocation of the parent, a change in the parent’s work schedule or change regarding the best interest of the child. Generally, child support may be modified if there is a 15% variance in the income of either party, based on the last court order. Please contact our firm for a free evaluation.
Wills: Tennessee recognizes three types of Wills: a nuncupative will, a holographic will and an attested will. A nuncupative will is an entirely oral will. It is spoken when the person making the will is in imminent peril and dies of that peril. A holographic will is a handwritten will and “material provisions” must be in the handwriting and signed by testator. An attested will requires 2 witnesses who know that they are witnessing a will being signed and the witnesses must sign the will in the presence of one another and must see the “testator” sign or acknowledge the will.
Power of Attorney: In Tennessee, a power of attorney must specifically authorize the types of decisions the principal is authorizing the agent to make, and must be signed and dated by the principal. The principal’s signature must be notarized in the presence of at least two witnesses. The principal must be mentally competent at the time he signs the document.
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