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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Business Goodwill at Issue in Bradley County, Tennessee Divorce: Fuller v. Fuller

Facts: Husband and Wife divorced after 26 years of marriage. Husband is a certified financial planner who owns his owns practice. Husband testified that his practice typically receives two types of income. First, he earns direct commissions from the sale of financial products. Second, he earns resulting income from financial products he previously sold and […]

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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 […]

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Protecting Assets in Divorce

This article by Kelli Grant at CNBC may be of interest. Breaking up is hard to do: Protecting assets in divorce Getting divorced has a significant impact on your finances — and some missteps can make it even more costly. Divorce is an issue plenty of Americans will find themselves navigating. In 2014, divorces and […]

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Reduced Value of Marital Residence Reversed in Murfreesboro, TN Divorce: Yates v. Yates

Facts: Husband and Wife divorced after approximately three years of marriage. At trial, each introduced an expert appraiser to testify about the current value of the marital residence. Husband’s expert testified the house was worth $535,000. Wife’s expert testified the house was worth $505,000. The trial court averaged the two appraisals to reach a value […]

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Tennessee Divorce and Family Law Legislative Preview 2015

The Tennessee Legislature has begun its 2015 session. Several bills affecting family law have been introduced. Below is a brief summary of some pending family law legislation. Senate Bill 101/House Bill 90: This would allow a child support obligor and the obligee to enter into a written settlement to forgive accrued principal and interest on a child […]

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Reduction of Value for Cost of Sale Reversed in Chattanooga Divorce: Gaither v. Gaither

Facts: The parties divorced after 28 years of marriage. At trial, the parties disputed the value of the marital residence. The trial court ordered the marital residence to be appraised and for Wife to have the opportunity to purchase Husband’s interest in the home at the appraised value. The court-ordered appraisal established the fair market […]

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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 […]

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Divorce Advice: Dividing Assets and Liabilities

Dividing Assets and Liabilities Most assets acquired by the parties during the marriage are considered joint or marital property. Likewise, most debts incurred during the marriage are considered joint obligations. Assets received as gifts, inheritance, or assets owned by the parties before the marriage are typically considered that spouse’s separate property. Tennessee has statutes that […]

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Property Valuation and Rehabilitative Alimony Reversed in Shelbyville Divorce: Barnes v. Barnes

Facts: After 25 years of marriage, a five-day divorce trial, 15 witnesses, and 161 exhibits, the parties were divorced.The trial court divided the marital estate and awarded Wife alimony in futuro, i.e., permanent alimony, of $6000 per month. On a post-trial motion to alter or amend, the trial court, upon considering the Tennessee Supreme Court’s […]

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Business Valuation Reversed in Cleveland Divorce: Hartline v. Hartline

Facts: The parties divorced after 25 years of marriage. Husband is a dentist who operated a solo practice for over 30 years. Although many issues were raised on appeal, the only one I find noteworthy is the valuation of Husband’s dental practice. Wife presented the testimony of an expert witness who valued Husband’s dental practice […]

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Selling the Marital Residence During a Divorce

This recent article by Elizabeth Harris in the New York Times about selling the marital residence during a divorce may be of interest to readers of this blog. After the Breakup, They Help Sell the House Lucky are the few who move out of their houses simply because they have tired of the view or suddenly […]

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Classification of Lawsuit Proceeds as Marital Property and Valuation of Unvested Pension in Tennessee Divorce: Lane v. Lane

Facts: Shortly after marrying in 2006, Husband was injured at work. When Husband was injured and unable to work, Wife cared for him. He filed a workers’ compensation claim and a products liability lawsuit and received financial settlements from both. Wife was also named as a co-plaintiff in the products liability lawsuit. Husband claimed that he and Wife […]

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