According to the Annual Report of the Tennessee Judiciary, Tennessee trial courts disposed of 298,107 cases from July 2008 through June 2009. Of those, 60,320,…
Facts: Husband owned the marital residence prior to the marriage. During the three-year marriage, three mortgage payments were made from parties’ joint account before Husband…
In order to modify a parenting plan, a parent must first prove a material change of circumstances affecting the child that was not reasonably foreseeable…
Facts: Mother filed for divorce in 2003 but dismissed that action after the parties reconciled in 2005. In 2006, Mother was arrested for prostitution. Father…
Facts: Parties were married 12 years but separated after seven. While parties were together, Wife contributed as a homemaker, stepparent, and was supportive of Husband’s…
As the recent decision in State ex rel. Rickard v. Holt explains, the answer is “no.” Tennessee Code Annotated § 36-5-501(a)(1) provides, in pertinent part:…
The Court of Appeals gives us some easy examples in two recent opinions. In Dhillon v. Dhillon, Husband and Wife enter into a Marital Dissolution…
In a recent post, I discussed the recent national decrease in divorce filings attributed to the current recession. I now have the statistics for Tennessee. …
In a recent post, I discussed the recent national decrease in divorce filings attributed to the current recession. I now have the statistics for Tennessee. …
Facts: Husband and Wife executed a prenuptial agreement disclaiming any interest the marital appreciation of the other party’s premarital property (for Husband, this meant his…
Two recent opinions regarding property division are of interest. In Antrican v. Antrican, the parties were married 30+ years and both contributed to the accumulation…
Facts: Unmarried parents had a child and lived together for some time. They ultimately split, Father paying child support and enjoying regular visitation. Mother became…
The recent post-divorce parenting plan modification opinion in Austin v. Austin is of interest for two reasons: Mother moved away so Father sought to modify…
In the recent opinion Sharp v. Stevenson, we see the three-member Court of Appeals taking the unusual step of splitting 2-1 to reverse the trial…
Facts: Father retired, thereby entitling Child to receive a monthly benefit check flowing from Father’s Social Security account. Father asked the trial court to offset…