Petition for Dependency and Neglect in Tennessee There are unfortunate circumstances surrounding minor children that may require their removal from custodial parents or guardians. Any party with knowledge of the facts or the Tennessee Department of Children’s services may petition a juvenile court where which the minor children are residents or are located at time of filing the petition. In Tennessee, the Juvenile Court will have exclusive original jurisdiction in proceedings in which a … [Read more...]
What is difference between separate property and marital property?
April 3, 2013 by
In making its division of property, the trial court must first classify the property as either separate or marital property, pursuant to Tenn. Code Ann. § 36-4-121(b). Kinard v. Kinard, 986 S.W.2d 220, 230 (Tenn. Ct. App. 1998). This distinction is important because Tenn. Code Ann. § 36-4-121(a) provides for the distribution of marital property only. The character of whether the asset or debt is separate or marital is crucial in the proper equitable division of the same. Separate property or … [Read more...]
Divorce mediation required in Tennessee?
March 29, 2013 by
In Tennessee, adjudication of a divorce can occur in two ways. You and your spouse and enter into a marital dissolution agreement whereby division of debts and assets are agreed to. If a marital dissolution agreement cannot be accomplished then a trial must occur before the circuit or chancery court. However, prior to having a final trial a mediation between you and your spouse must occur by a "rule 31" mediator. The Tennessee legislature enacted T.C.A. 36-4-131(a) where each party of a … [Read more...]
Welcome to my family law blog.
March 29, 2013 by
Welcome to my family law blog where I plan to post interesting points of law and fact patterns that may assist you in your research of a particular issue or question you may have. Family law is an emotional arena where emotional issues of relationships and welfare of children are fought for and adjudicated. If I may be of assistance to you with a personal consultation, please feel free to contact our office. … [Read more...]
