Prenuptial Agreement Invalidated in Roane County, TN Divorce: Grubb v. Grubb

Facts: Two years after Husband, 40, met Wife, 18, at the dry cleaners, they married. Shortly after the relationship began, Wife moved in with Husband and stopped working at the dry cleaners. Husband, the owner of a rent-two-own business, provided for them both, and Wife soon became financially dependent on Husband. Two days before the […]

Read More

K.O. Herston a “Top Attorney” for Divorce, Family Law, Child Support, and Adoption in Knoxville, TN

Once again, I am honored to have been selected by my colleagues in the Knoxville Bar as being among the best divorce, family law, child support, and adoption lawyers in Knoxville. CityView magazine explains: Each year, Cityview calls upon the members of the Knoxville Bar Association to determine which attorneys in East Tennessee are the best in […]

Read More

Prenuptial Agreement Invalid in McMinnville, TN: In re Estate of Hillis

Facts: Husband and Wife were married in 1992. The day before the wedding, Wife presented Husband with a prenuptial agreement drafted by Wife’s attorney. The prenuptial agreement reflected the parties’ agreement to relinquish any right each would have in the other’s property in the event of the death of either party. The prenuptial agreement also […]

Read More

How Long Must Tennessee Family Law Attorneys Retain Client Files?

How long does a Tennessee lawyer have to retain client files? This is the most common question received by ethics counsel for the Tennessee Board of Professional Responsibility. On December 11, 2015, the Board issued Formal Opinion 2015-F-160 in order to provide guidance for lawyers on that very question. Tennessee Rule of Professional Conduct 1.15 […]

Read More

Prenuptial Agreement Invalidated in Pickett County, TN Divorce: Hollar v. Hollar

Facts: Husband and Wife began an Internet courtship. At the time, Wife resided in Colombia, South America, and Husband resided in Florida. Two months into their courtship, Husband traveled to Colombia to meet Wife for the first time. Because Wife does not speak or read English, and Husband does not speak or read Spanish, the […]

Read More

Prenups: Not just for the wealthy

This article by Elizabeth Renter in USA Today may be of interest to readers of this blog. Prenups: Not just for the wealthy Talking about money is never easy, especially with someone you love and especially when you’re talking about keeping it for yourself. While we commonly think of prenuptial agreements as contracts for the […]

Read More

Prenuptial Agreement Ruled Invalid in Cleveland, TN Divorce: Ellis v. Ellis

Facts: The parties met when Wife was 31 and husband was 47. Wife had a high school education and had worked in several relatively low-skilled jobs. Husband started his own construction company in the early 1980s and accumulated substantial wealth. They got engaged in the spring of 1996 and plan to marry the following spring […]

Read More

TN Court of Appeals Divided over Applicability of Prenuptial Agreement: Heaton v. Heaton

Facts: Husband and Wife divorced after seven years of marriage. Prior to the marriage, the parties entered into a written prenuptial agreement, which recites, inter alia, that the parties desired for all separate property obtained by them during the marriage to remain separate. The agreement also provides that the only property to be considered jointly owned […]

Read More

Roommate Romance: Why You Should Have a Cohabitation Agreement

This article from Obermayer Family Matters might be of interest to readers of this blog. Roommate Romance: Why You Should Have A Cohabitation Agreement So you’ve been dating for a while and you’re ready to take the next step…no, not the BIG PLUNGE. Marriage is DEFINITELY on your mind but first you want to take […]

Read More

Postnuptial Agreement Upheld and Enforced in McMinnville: Rickman v. Rickman

Facts: After 14 years of marriage, Husband and Wife entered into a postnuptial agreement in which both parties waived their rights to the property of the other spouse. Specifically, the postnuptial agreement provided: “Each party hereby waives and releases all rights including, but not limited to statutory allowance; distributive share: right of election against Will; […]

Read More

Postnuptial Agreements on the Rise

This recent article by Kelley Holland in USA Today may be of interest to readers of this blog. Why postnups may be picking up Similar to prenups, postnups for married couples are gaining popularity. If you think prenups are controversial, brace yourself. Postnups are on the rise. Postnuptial agreements — similar to prenups, but for […]

Read More

Misrepresentation of Sexual Affair That Violates Prenuptial Agreement Leads to 2-1 Decision in Savannah: Brown v. Brown

Facts: Husband and Wife entered into a prenuptial agreement prior to their marriage that provided that if the parties were married between four and five years, Wife would be entitled to alimony in the amount of $80,000.00. However, the agreement provided that Wife would not be entitled to alimony “if Wife has a sexual affair or […]

Read More