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Adapting to New Realities: Modifying Divorce Court Orders

July 23, 2024

by admin Post - divorce Modification

Divorce proceedings are often complex and emotionally challenging, extending their influence well beyond the final judgment. In Tennessee, as in many states, court orders related to divorce settlements can be modified under specific legal standards. These modifications are crucial as they can accommodate changes in circumstances for either party involved. Understanding the legal framework for modifying divorce court orders in Tennessee is essential for navigating post-divorce adjustments effectively.

Types of Divorce Court Orders

In Tennessee, divorce court orders typically cover various aspects of the divorce settlement, including:

Child Custody and Visitation: Determining parental responsibilities and visitation schedules.
Child Support: Establishing financial support obligations for the care of minor children.
Alimony (Spousal Support): Specifying financial support from one spouse to another.
Division of Property and Debts: Allocating marital assets and liabilities.

Each of these orders reflects the specific circumstances and agreements reached during the divorce proceedings. However, life circumstances can change after the divorce is finalized, necessitating modifications to these court orders.

Legal Standards for Modification

To modify a divorce court order in Tennessee, the party seeking the modification must demonstrate a significant change in circumstances. The legal standards for modification vary depending on the type of order:

Child Custody and Visitation: The court will modify custody or visitation orders if there has been a substantial and material change in circumstances affecting the child’s best interests. This could include changes in the parent’s living situation, relocation, or issues related to the child’s well-being.
Child Support: Modifications to child support orders are based on a substantial change in circumstances, such as changes in income, employment status, or the child’s needs. Tennessee follows child support guidelines to determine the amount of support, which can be adjusted based on these changes.
Alimony: Alimony orders may be modified if there has been a significant change in the financial circumstances of either party, such as loss of income, remarriage, or medical emergencies. The court will consider the original agreement and the circumstances necessitating the modification.
Division of Property and Debts: Changes to property division orders are generally not allowed after the divorce is final, except in cases of fraud, mistake, or newly discovered assets. It’s crucial to consult with a legal professional to understand the specific circumstances under which property division orders may be revisited.

Process for Modification

There are two ways to initiate a modification of a divorce court order in Tennessee. The first and easier way is to make a mutually agreeable adjustment of the previous court order, which will be presented in court by both parties and can be approved, or if it is in the best interests of minor children involved. The other way, if one party objects to such changes, the party seeking the change must file a petition with the court that issued the original order. The court will then schedule a hearing where both parties can present evidence supporting their positions. It’s advisable to seek legal representation during this process to ensure all legal standards are met and to effectively argue for or against the modification.

Navigating divorce court orders in Tennessee requires a clear understanding of the legal standards for modification. Whether it involves child custody, support, alimony, or property division, modifications are only granted under specific circumstances that demonstrate a significant change since the original order was issued. Consulting with a knowledgeable family law attorney is crucial to effectively navigate the complexities of post-divorce modifications and ensure that your rights and responsibilities are protected under Tennessee law. So contact our office today and schedule a consultation with one of our skilled attorneys who can take care of your needs.

DISCLAIMER: The purpose of this article is to provide the general public with general information related to legal issues. None of the information provided within this article is intended to be construed or relied upon by any person(s) as legal advice. Further, reading this article does not create an attorney/client relationship between the reader and the author. If you need legal advice, it is recommended that you speak with an attorney who is licensed to practice law in your jurisdiction and practices the subject matter for which you are seeking legal advice.

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“What’s Up with All These Requests?” – Navigating the Discovery Process in Divorce Cases

July 23, 2024

by admin Divorce

In the context of divorce proceedings, the discovery process refers to the formal process where both parties exchange information and evidence relevant to a case. This process is crucial for each party to understand the other’s claims and defenses fully. It also helps in preparing for negotiations or trials.

Discovery Methods

Outlined in Rule 26 of the Tennessee Rules of Civil Procedure, the discovery methods include:

1.) Interrogatories: Written questions that must be answered under oath

2.) Requests for production: Requests for documents or other tangible items

3.) Requests for admission: Request for a party to admit the truth to any matter related to the case, allowing to eliminate the need to prove those specific facts in trial.

4.) Physical/Mental examinations: The physical or mental examinations of a party whose condition is in controversy, and provided there is good cause. This is typically conducted where the condition of a spouse impacts child custody, child support, and alimony decisions.

5.) Depositions: Oral questions under oath, typically conducted in person.

6.) Subpoenas: A legal document that compels an individual to provide testimony in court, produce documents, or other tangible evidence that’s relevant to the case.

7.) Inspections: The Court can grant a party permission to enter upon land or other property owned by the parties for inspection and other purposes

Purpose

The purpose of discovery is to ensure that both sides have all the necessary information to make an educated decision and reach a fair settlement or prepare for trial if necessary.

Scope

Discovery can cover a wide range of information including financial records, property ownership, employment history, and any other relevant factors affecting the divorce proceedings. A party and/or their attorney may choose to object to certain requests if they are not relevant or unduly burdensome.

Timeline

The timing of discovery varies depending on the jurisdiction and complexity of the case. It usually occurs after the initial filing and before trial, but specific deadlines may be set by the court. Typically, in a divorce case, initial responses to discovery requests are due within 30 days of receipt.

Compelling Compliance

According to Rule 37 under the Tennessee Rules of Civil Procedure, if one party fails to comply with discovery requests without valid reasons, then the opposing party can file a motion to compel, in which the court can intervene and force compliance with the discovery request.

Consequences

Once a discovery request is sent, the opposing party typically has 30 days to respond with the required information. If a party or attorney fails to participate in good faith in the discovery process, the court may direct them to pay the expenses including attorneys fees, incurred by the other party. In some circumstances, failure to comply with discovery requests can lead to the entry of a default judgment against the non-compliant party which means that the non-compliant party will not be able to present information at the final hearing.

Benefits of Having Counsel Assist You with Discovery

It is common for individuals going through a divorce to work closely with their attorneys during the discovery process. Attorneys help edit/proofread a client’s responses to discovery requests in order to protect their client’s rights, and ensure compliance with legal requirements.

Overall, the discovery process is essential for divorce cases to promote transparency, fairness, and informed decision-making, ultimately aiding in reaching a resolution that considers the interests and rights of both parties involved or preparing for a contested hearing.

If you are looking into a divorce and are curious regarding the discovery process, contact our firm today and schedule a consultation to speak with a well experienced attorney that can answer your questions regarding this topic and more.

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The 15 Grounds for Divorce in Tennessee

July 23, 2024

by admin Divorce

Divorce is a challenging journey and understanding the legal grounds for divorce is essential for anyone embarking on this path in Tennessee. There are various reasons or grounds upon which a person can seek to dissolve their marriage. In this guide, the 15 legal grounds for divorce in Tennessee, as listed in Tennessee Code Annotated §36-4-101, will be explored, looking into each and its significance.

1. Irreconcilable Differences (No- Fault)

In Tennessee, a couple can file a divorce based on irreconcilable differences, where neither party is deemed at fault. This no-fault option allows the couple to have a smooth dissolution process based on their mutual assertion that their marriage is irretrievably broken rather than assigning blame to one spouse or the other.

2. Inappropriate Marital Conduct

Inappropriate Marital Conduct is the most commonly relied upon ground for contested divorces. It can involve one spouse inflicting physical, emotional, or psychological abuse onto the other spouse. This is rather a broad topic and it can include matters as little as being unable to provide basic needs in a marriage to matters as specific as excessive or unwanted sexual intercourse. Tennessee recognizes this as grounds for divorce, prioritizing the safety and well-being of the abused spouse.

3. Adultery

Adultery is a common ground for divorce in Tennessee, involving a spouse engaging in extramarital affairs. Proving adultery can be difficult to do however and it does not impact the division of assets in a marriage. Adultery will be considered in any alimony determinations the court makes including whether or not to award attorney’s fees to the prevailing spouse.

4. Prior or Existing Marriage

If either spouse has knowingly entered a second marriage while still legally married, the innocent spouse can rely on that as a ground for divorce.

5. Desertion

Willful desertion occurs when one spouse voluntarily leaves the marital home and refuses to return with no justification. This can serve as a legal ground for divorce, especially if it persists for at least one year.

6. Infamy

If one spouse has been convicted of an infamous crime that is outlined in Tennessee Code Annotated §40-20-112 (e.g. burglary, forgery, incest, rape), this renders the spouse infamous. This can be used as a ground for divorce.

7. Indignities

Actions done by a spouse that undermine the other spouse’s sense of self worth and value. Neglect, isolation, hurtful and abusive language towards a spouse rendering their position in the marital relationship intolerable. This serves as grounds of divorce for the spouse receiving hatred or pain from the other spouse.

8. Conviction of a Felony

If one spouse gets convicted of a felony and sentenced to imprisonment, such a conviction can serve as grounds for divorce. The incarceration and resulting strain on the marital relationship justifies the dissolution of the marriage.

9. Attempt on the Life of a Spouse

If either spouse attempts the life of the other spouse by poison or any other means of malice, that serves as a ground for divorce.

10. Habitual Drunkenness or Drug Abuse

Habitual drunkenness or drug addiction that causes marital discord or dysfunction, can serve as grounds for divorce. Substance abuse significantly impairs the marital relationship. An interesting caveat is that the drug addiction must have begun after the marriage, if the spouse was aware of the drug addiction prior to marriage then it cannot serve as a ground for divorce.

11. Impotency

Impotence refers to one spouse’s inability to engage in procreation at the time of the marriage. If undisclosed before marriage or discovered only at the time of marriage, impotence can justify divorce proceedings in Tennessee.

12. Pregnancy Prior to Marriage

If one spouse was pregnant by another person at the time of marriage, the other spouse may seek divorce in Tennessee. This ground recognizes the significance of honesty and transparency in marital relationships.

13. Abandonment

Abandonment refers to when one spouse kicks out the other spouse from the marital home without a just cause, and refuses to provide for the spouse while having the ability to do so.

14. Refusal to Follow One’s Spouse to TN

If one spouse refuses to move to Tennessee with intent to establish residence, it can serve as grounds for divorce if the spouse was willfully absent from the other spouse residing in the State of Tennessee for over two years.

15. Separation for 2 years and No Minor Kids

A two-year separation can be grounds for a divorce if both spouses have lived in separate residences and have not cohabited as man and wife during this time and do not have any minor children.

Understanding these 15 legal grounds for divorce is crucial for seeking the dissolution of a marriage. Consulting with an experienced family law attorney is recommended for beneficial and accurate information regarding this topic. Contact our firm today and schedule a consultation to speak to one of our well-rounded attorneys that can help you through the process of divorce.

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What are the Steps in a Tennessee Divorce?

July 23, 2024

by admin Divorce

The process of obtaining a divorce in Tennessee can be filled with twists and turns, but there are certain steps in the process that are very common. Having a grasp on what to expect can be comforting as you embark on this arduous journey.

Initiating a Divorce

A divorce case begins when an individual, called the “Plaintiff”, files a complaint for divorce. In reference to T.C.A. §36-4-105, The complaint must be filed: 1.) in the county where the parties last resided together; 2.) in the county where the Defendant resides or 3.) in the county where the Plaintiff resides if the Defendant lives out of state or is incarcerated. Additionally, T.C.A. §36-4-104 establishes that the Plaintiff must be a resident of Tennessee for six months prior to the filing of the Complaint unless the Defendant has lived in Tennessee for at least six months and the acts complained of were committed out of this state and the plaintiff resided out of the state at the time.

Grounds for Divorce

In the state of Tennessee, both fault-based and no-fault-based divorces are granted. Tennessee Code Annotated §36-4-101 establishes that fault-based grounds include, but are not limited to, adultery, cruelty, abandonment, substance abuse, infamy, etc, while no-fault-based divorces involve irreconcilable differences.

Service of Process

Tennessee Code Annotated 36-2-106 adds that after the complaint has been filed, the plaintiff must serve the other spouse with a copy of the divorce complaint and the summons. This is known as the service of process which can be done by hand delivering, certified mail or service by publication in a local newspaper when the whereabouts of the defendant are unknown. The defendant is then given 30 days to respond by filing an answer to the court stating whether they agree or disagree with the grounds of the divorce complaint.

Negotiation/Mediation

After both parties have responded to the court, they typically engage in negotiations to attempt to come to an agreement on issues such as property division, child support, child custody and alimony. If necessary, either party can request temporary orders that resolve matters like child custody or restraining orders while the divorce is pending.

Discovery

Both parties may also engage in discovery which involves exchanging relevant information and documents that relate to the divorce such as finance records, property variations, and witness statements.

Court Hearings & Trials

If the parties are unable to agree to negotiation and mediation, then the case may proceed to trial where the judge will hear the evidence and make decisions on contested matters based on the arguments made by both parties. If the parties reach a settlement agreement, then the court can approve it and it will become legally binding.

Finalizing the Divorce

Once all issues are resolved through trial or negotiations, the court will issue a final decree of divorce, officially ending the marriage. The decree will outline the terms of the divorce which includes property divisions, child custody, support arrangements, and alimony payments. This concludes the end of the marriage and a certificate of divorce will be provided by the court.

If you are unhappy with your marriage, seeking a divorce may be the most reasonable solution to the matter. It is advisable for individuals going through a divorce to consult with an experienced family law attorney for guidance tailored to their circumstances. If you are wanting to proceed with a divorce, contact our office today to speak with a well-rounded attorney.

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When Things Aren’t Safe – Exploring the Intersection of Divorce and Order of Protection

July 23, 2024

by admin Divorce

Everyone has a right to be free from unwanted physical contact, threats, or stalking, and yet, all too often a person in the middle of a divorce experiences these heinous acts at the hands of their spouse. When this happens, what can one do to keep themselves safe? Are they continually at the mercy of their abusive spouse? This article will explore what a divorcing spouse can do when things are not safe at home.

What is an Order of Protection?

An order of protection is an order issued by the court to protect an individual in a situation often involving alleged domestic violence, child abuse, assault, harassment, stalking, or sexual assault. In the context of divorce, an order of protection can provide immediate safety for victims of domestic abuse or threats of violence from a spouse. The court’s aim is to prevent harm in the future and create a safe environment for the victim.

How to Get an Order of Protection?

To obtain an order of protection in Tennessee, an individual must file a petition with the court alleging that they are a victim of domestic abuse or that they have a reasonable fear of imminent harm from a spouse or ex-spouse. When the petition is filed, it will be reviewed by a judge who will decide whether a temporary order of protection should be issued or not.

Next, the respondent will be served with the order of protection and the case will be set for a hearing within 15 days. Both parties will have the opportunity to present their case at the hearing. In order for the order of protection to remain in effect, the petitioner must demonstrate by a preponderance of the evidence that he/she is a victim of domestic abuse or that there is an imminent threat of harm.

For example, in the case of Honeycutt v. Honeycutt (Tenn. App. Mar 06, 2016), the petitioner requested an order of protection during a divorce process due to her fear of being abused by her spouse based on past incidents of abuse. Finding this as good cause, the court issued Ms. Honeycutt a temporary order of protection for 45 days.

What Happens to an Order of Protection During a Divorce?

Pursuant to Tennessee Code Annotated 36-3-603, if an order of protection is in effect at the time the petitioner files a Complaint for Divorce, the order will remain in place until the court in which the divorce action is assigned either modifies, dissolves, or extends the order in accordance to the divorce. Therefore, if the threat of abuse or violence persists after the divorce takes place, the victim can be provided relief by making the protection order a part of the divorce decree.

Relief and Penalties

The types of relief that the victim can receive from the protection order include prohibiting the abuser from contacting or coming near the victim, requiring the abuser to vacate shared property, establishing the financial obligations of the abusive spouse, and granting temporary custody of children to the victim. Furthermore, orders of protection are issued by a court and are legally binding, and violation of the orders as supported by Tennessee Code Annotated 39-13-113, can result in criminal penalties including fines and imprisonment.

While orders of protection can provide a sense of security, they may need to be supplemented with other legal measures such as custody arrangements and restraining orders incorporated into divorce orders to help provide long-term safety and resolution.

If you are not safe in your home, contact the police. If you decide that you need to file an Order of Protection, you can get more information here. If you need an attorney to go with you as you prosecute or defend yourself in an order of protection case, please contact our office to speak with a seasoned attorney about your options.