Tennessee Supreme Court Considering Rule regarding Collaborative Family Law

The Tennessee Supreme Court released for review and comment a proposed new rule governing collaborative practice in family-law matters. The new rule is proposed by the Tennessee Bar Association, which studied the growing method of dispute resolution known as collaborative practice or collaborative divorce. The petition describes collaborative practice as one where Collaborative attorneys are […]

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Tennessee Family Law Legislative Update 2017

Hello, friends! It’s that time of year again—time to review how our legislators made Tennessee family law worse than it was this time last year. First, let’s all take a minute to chug a jar of East Tennessee moonshine to prepare ourselves for what’s to come. OK, now that we’re sufficiently numb, let’s get started. Hit us with your best shot, […]

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In a Divorce, Who Gets Custody of Electronic Data? The Lawyers

This article by Jonah Bromwich and Daniel Victor in The New York Times just before the recent presidential election is interesting. In a Divorce, Who Gets Custody of Electronic Data? The Lawyers A marriage is not just the union of two people. It is also the union of their data. And when they divorce, the data […]

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Child’s Statements to Therapist at Issue in Williamson Co., TN: Watson v. Myers

Facts: Father and Mother are the divorced parents of a 10-year-old child. Several years after their divorce, they were in the midst of a parental relocation trial on Mother’s request to move with the child to Illinois. In the course of that trial, Mother called the child’s therapist to testify to facts and opinions relevant to […]

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Child Custody Agreement Vacated for Lack of Factual Findings in Savannah, TN: Stricklin v. Stricklin

Facts: Mother and Father divorced after 12 years of marriage. The parenting plan awarded Father 150 days of parenting time “on all his days off.” Not surprising, such vague language proved problematic. Mother later moved to modify the parenting plan to specifically designate Father’s parenting time. After a break in the hearing on Mother’s motion, the […]

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Facebook and Divorce

This story by WFTS News in Tampa Bay may be of interest to readers of this blog. “Till death do us part,” unless Facebook causes you to divorce first Logging onto Facebook numerous times daily has become a common routine for many people. “There’s so much conversation going back and forth on Facebook,” St. Petersburg […]

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Tennessee Family Law Legislative Update 2015

2015 was a quiet year for family law legislation in Tennessee. The Republican super-majority devoted it’s time to other issues such as preventing a floor vote on the Governor’s “Insure Tennessee” plan to expand Medicaid to low-income Tennesseans, imposing medically-unnecessary restrictions on women’s healthcare, or preventing local governments from prohibiting guns in local parks. While […]

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No Relief for Failure to Include Potential Tax Liability in Alimony Request: Salvucci v. Salvucci

Facts: The parties divorced after 27 years of marriage. Husband, 58, is a cardiologist earning $550,000 a year. Wife, 54, has been a stay-at-home parent and homemaker for 25 years. Wife sought alimony at trial. The trial court found Wife “has been forced to abandon her marriage relationship where she enjoyed significant security because Husband […]

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Tennessee Family Law Legislative Update 2014

Things were pretty quiet on the legislative front this year. When it came to family law matters, the 108th General Assembly of the State of Tennessee did not appear to make things worse, which means it was a pretty good year. Below is a brief recap of the new family law statutes, all of which became effective […]

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Electronic Surveillance in Tennessee Family Law

This article by Marlene Moses and Manuel Russ in the May 2014 issue of the Tennessee Bar Journal may be of interest to readers of this blog. Electronic Surveillance in Family Law As everyone is aware, the use of electronic technology in business as well as people’s personal lives has grown beyond anyone’s imagination in […]

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Discovering Medical and Psychological Records in Child Custody and Divorce Actions: Culbertson v. Culbertson

Facts: This is the second interlocutory appeal in this case. In this child custody dispute, the parties agreed to engage Dr. Clement as an evaluating psychologist for the purpose of making a parenting recommendation to the trial court. Dr. Clement was expressly authorized to speak with the parties’ respective counselors. Later, upon Mother’s request, the trial […]

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Judge’s Refusal to Recuse Affirmed in Nashville Divorce: McKenzie v. McKenzie

Facts: After a two-year marriage that produced few assets and no children, Wife — a Tennessee lawyer representing herself in the divorce — requested that the trial judge recuse himself from the case. The trial court denied the motion. Wife appealed. On Appeal: The Court of Appeals affirmed the trial court. Wife argued that the […]

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Coercing False Allegations of Sexual Abuse Leads to Suspension of Parenting Time in Waverly: F.A.B. v. D.L.B.

Facts: After a short marriage that produced Son, the parties separated. While the divorce litigation was pending, Mother began to suspect that Father was abusing Son. Mother then abruptly left the state with Son without telling Father. Father was unable to locate them for several months. In Mother’s absence, the divorce court entered a default judgment against […]

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Chattanooga Termination of Parental Rights Reversed in 2-1 Decision for Evidentiary Error: In re Johnny K.F.

Facts: Shortly after Child was born to Mother and Father, Child entered the custody of Maternal Grandparents. Nearly two years later, Maternal Grandparents file a petition to terminate the parental rights of Mother and Father. There are a lot of facts in the opinion that are not relevant to the legal issue that interests me. Still, […]

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