K.O. Herston Named “Top Attorney” for Family Law, Divorce, and Child Support in Knoxville, Tennessee

CityView Magazine just published its “Top Attorneys” issue. Knoxville lawyers were asked to vote for the best attorneys in various practice areas. I am honored to announce that I was selected by my colleagues as one of the best Knoxville lawyers practicing Family Law, Divorce, and Child Support. The article explains: We are all blessed to […]

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Tennessee Family Law Opinions That Didn’t Make The Cut

The appellate courts in Tennessee issue a lot of family law opinions that don’t make it onto the blog for one reason or another. My subjective determination that an opinion is not “blogworthy” turns on my perception of the opinion’s usefulness to Tennessee lawyers and litigants. It could be a case where the issue appealed […]

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Parenting Time Is More Important Than Church Camp: Hattaway v. Hattaway

Facts: The parties divorced after nearly 20 years of marriage. Husband was a physician with his own family medical practice. Wife was a stay-at-home mother. Around the time of the parties’ separation, Husband moved to Colorado to work as a doctor with the military. Wife stayed in Tennessee with their children. Husband sought a parenting […]

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Mental Health Records Not Discoverable in Tennessee Child Custody Case: Herman v. Herman

Facts: When the parties were divorced, Mother was named the primary residential parent. After the divorce, Mother experienced mental health problems that resulted in several extended hospitalizations. During these hospitalizations, Child stay with Father. Father filed a petition to change custody based upon Mother’s alleged deteriorating mental health. He claimed she had not been compliant […]

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Property Classification and Fraudulent Conveyance: Phillips v. Rountree

Facts: Husband and Wife divorced after a 17-year marriage. The parties jointly owned a Ford truck. Husband also acquired a GMC truck from his sister, which vehicle was titled solely to Husband. Two months before Husband filed for divorce, Wife transferred title of the Ford truck to Wife’s adult son and claimed it was payment […]

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No Civil Contempt From Ambiguous Order in Tennessee Divorce: Buckner v. Brunson

Facts: Husband and Wife divorced in 2007. At the time of divorce, they were still receiving payments from the buyer of a business they sold in 2003. The trial court’s order divided the future payments such that Husband was to pay a portion of the payments to Wife. Seven months after the divorce, Wife filed […]

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Herston on Tennessee Family Law = “Favorite Family Law Blog”

Yesterday I learned that this little blog I started several years ago to help educate those interested in matrimonial and family law in Tennessee was voted a Finalist in the About.com Readers’ Choice Awards in the category of “Favorite Family Law Blog.“ Pretty cool, huh? I’m going to come right out and say it: I want to […]

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The Coming Boom in Divorces?

The following article by Matthew Yglesias published recently at Slate.com may be of interest to readers of this blog. Help America: Get Divorced! Money troubles are a huge strain on marriage, so you’d expect that divorce would surge after a massive recession and years-long period of weak growth. Yes, as far as we can tell, […]

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Default Judgment Against Active Duty Military Parent: State ex rel. Price v. Childers

Facts: Mother received child support enforcement services from the State of Tennessee. The State, acting on mother’s behalf, filed a petition to establish paternity against Father. Hearing no response from Father, the trial court entered an order by default finding Father to be the biological father of Mother’s child. The order also established Father’s child […]

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Equal Parenting Time Rejected, Alimony Affirmed: Chavez v. Chavez

Facts: After 12 years of marriage, Husband and Wife divorced. They have two children. After a two-day trial, the trial court found both parties had engaged in inappropriate marital conduct. Wife was designated the primary residential parent for the children. Husband was ordered to pay transitional alimony of $1800 per month for 48 months. Husband […]

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What is a Prenuptial Agreement?

Prenuptial agreements were once thought of as the exclusive province of the “rich and famous.” During the past twenty years, however, there has been an explosion of prenuptial agreements, and they are not limited to celebrities with recognizable names. Prenuptial agreements are now quite common and are used by a wide variety of clients. They […]

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Trial Court Reversed for Failing to Use Child Support Worksheet: Devore v. Devore

Facts: In a post-divorce petition, Husband sought to modify his child support obligation to reflect the emancipation of the parties’ oldest child. Wife counter-petitioned for contempt, alleging that Husband had failed to pay various expenses required by their marital dissolution agreement (“MDA”). After a hearing, the trial court held that the unpaid expenses Husband owed […]

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Equal Parenting Time Reversed in Tennessee Divorce: Shultz v. Fuller

Facts: Mother and Father divorced and entered an agreed permanent parenting plan designating Mother as the primary residential parent but awarding Father 120 days per year of co-parenting time. Shortly thereafter, both parents lodged petitions against the other alleging contempt for a variety of claimed sins of omission and commission.  Eventually, both parents filed motions […]

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Termination of Parental Rights for Failure to Pay Child Support in Tennessee: In re Dylan H.

Facts: After the Department of Children’s Services proved that Children were dependent and neglected in the care of Mother and Father, the trial court granted temporary custody of Children to the maternal grandparents. Both parents were ordered to pay child support. The grandparents eventually filed a petition to terminate the parental rights of Mother and […]

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