Upon drafting of a complaint for divorce, a party must assert a certain fault as grounds. There a number of grounds for fault enumerated in the statute. A common ground for fault in a divorce action is adultery. This is often asserted where a spouse is seeking alimony or seeks to have the cheating spouse adjudicated as having committed adultery. Upon service of the summons and complaint alleging adultery, the defendant spouse must admit or deny the allegation and assert an affirmative … [Read more...]
Child custody factors in divorce proceedings in Tennessee
April 17, 2019 by
In a complaint for divorce filed in Tennessee where a party is seeking full custody of their children, the court's determination is based on the "best interest" of the children. Several years ago, the term custody was changed in favor of "parenting time" to diffuse the conflict between parents. The custodial parent having majority "parenting time" is deemed the "primary residential parent." Parenting time was the preferred term over full custody as parents can agree to any arrangement where … [Read more...]
What are the types of alimony and factors for awarding alimony in Tennessee
April 16, 2019 by
The common issue of contention and acrimony in a divorce matter is the claim for alimony by a spouse. For example, "I will work at McDonald's before I pay her alimony." (actual quote from a divorce we have handled) It often frustrates an open dialogue on an amicable resolution of other issues such as dividing up the marital estate or setting forth parenting time. The court in the award of alimony evaluates certain facts that are applied to a set of enumerated statutory factors. There are a … [Read more...]
Dissipation of marital assets in Tennessee
April 12, 2019 by
Contemplating whether to proceed with a divorce is an arduous process both mentally, emotionally, and financially. A common inquiry is a concern over whether a spouse will liquidate marital assets, close bank accounts, cancel insurance policies, or hide money. Upon filing a complaint for divorce, the following statute and its enumerated temporary injunctions apply upon proper service of process of the complaint and court order listing the injunctions. Tennessee Code Annotated § 36-4-106(d) … [Read more...]
A gift to spouse is separate property in Tennessee
April 10, 2019 by
In Tennessee, funds or assets received by a spouse from a third party or entity in the form of a gift constitutes separate property meaning a Court cannot distribute any portion of it to the other spouse in a divorce proceeding. The statute defines “separate property” to include “[p]roperty acquired by a spouse at any time by gift[.]” Tenn. Code Ann. § 36-4-121(b)(2)(D) Classification of particular property as either separate or marital is a question of fact to be determined in light of all … [Read more...]
Spouse is not entitled to inheritance as separate property in Tennessee
April 9, 2019 by
In Tennessee, funds or assets inherited constitutes separate property meaning a Court cannot distribute any portion of it to your spouse in a divorce proceeding. This is in contrast to marital property which is any asset acquired during the course of the marriage regardless of how it appears on any title of interest. If you have received an inheritance and wish for it remain separate property, then it is important that you segregate those funds or assets from any joint account or application … [Read more...]
Transmutation of marital property in Tennessee
April 4, 2019 by
What is Transmutation of marital property in Tennessee? Simply put, assume John and Jane are a happy couple looking forward to their wedding day with lofty bliss that forever means forever. John has inherited $100,000.00 from the death of his father and deposited into John's sole checking account. Jane has been successful at her company and participated in a 401k and her pre-marital balance is $50,000.00. John's inheritance and Jane's 401k balance are each separate property that is theirs … [Read more...]
Averaging fluctuating or variable income for child support calculation
April 2, 2019 by
The Tennessee Child Support Guidelines provides the proverbial rules of the road for a Court's discretion in imputing income gross income for purposes of calculating child support. A parent's income may be "variable" fluctuate in the sense that it may be based on commission, bonuses, side-income, or inconsistent hours of overtime. The Court may average different amounts incomes over a specific period time. However,“averaging is usually correct for calculating a party’s fluctuating income, but … [Read more...]
Elements of burglary in Tennessee
February 18, 2019 by
If you have arrested and charged with any of the graduated levels of burglary, it is important that you are aware of the elements so that you have not been improperly charged with wrong level of burglary. It is necessary to evaluate the facts involved and determine which elements are met to constitute the appropriate level and charge of burglary. The following constitutes the elements of burglary in Tennessee that a prosecutor would have to prove beyond a reasonable doubt: Pursuant to … [Read more...]
Classifications of Theft in Tennessee
February 12, 2019 by
In Tennessee, a person commits "theft of property if, with intent to deprive the owner of property, the person knowingly obtains or exercises control over the property without the owner's effective consent." T.C.A. 39-14-103 Theft of services is another classification of theft not involving tangible property. A person commits theft of services who: (1) Intentionally obtains services by deception, fraud, coercion, forgery, false statement, false pretense or any other means to avoid … [Read more...]
