Too Good Not to Share

I read all the family law opinions from Tennessee’s appellate courts. Most don’t make it to the blog. This quotation from an otherwise non-blogworthy Court of Appeals opinion in a post-divorce custody modification case is too good not to share: Mother questions whether Father can provide academic support by suggesting on appeal that Father will […]

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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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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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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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Nasty or Nice: What Kind of Attorney Do You Need?

I found the following article by Sharon Zarozny to be of interest. Nasty or Nice: What Kind of Attorney Do You Need? Nasty or nice? What kind of attorney do you need? The answer is . . . a smart attorney. Smart and nice to you is even better. You want someone who specializes in family law. Someone you […]

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Tennessee Divorce Lawyer’s List of Things Every Divorced or Divorcing Parent Should Do: Part Four

This is the fourth and final post in a four-part series where I will briefly recommend appropriate behaviors for parents during separation, courtroom proceedings, and following divorce. All recommendations are based on my personal experience as an attorney focusing on family law as well as the enormous body of social science research devoted to studying […]

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No Grounds for Termination of Parental Rights in Tennessee: In re Alex B.T.

Facts: Mother is the parent of Child, whose biological father is unknown. When Mother was incarcerated for domestic violence, Mother’s sister and brother-in-law obtained temporary custody of Child and became Child’s Legal Guardians. Mother retained “reasonable and liberal visitation” rights. For a few years, Mother had no visitation with Child. Legal Guardians filed a petition […]

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Tennessee Divorce Lawyer’s List of Things Every Divorced or Divorcing Parent Should Do: Part Three

This is Part Three of a four-part series where I will briefly recommend appropriate behaviors for parents during separation, courtroom proceedings, and following divorce. All recommendations are based on my personal experience as an attorney focusing on family law as well as the enormous body of social science research devoted to studying the effects of […]

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Post-Divorce Modification of Alimony Reversed: Jekot v. Jekot

Facts: Husband and Wife divorced after nearly 30 years of marriage. At trial, Wife was awarded rehabilitative alimony of $15,000 per month for the first 12 months, $10,000 per month for the next 24 months, and $5,000 per month for the final 24 months. Husband appealed. The Court of Appeals modified Wife’s alimony award from […]

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No Parenting Time Whatsoever and Equitable Division of Property: Winkler v. Winkler

Facts: Father and Mother were married 21 years and have one son. Mother obtained an order of protection for herself and Son and filed for divorce. At trial, Mother described the marriage: Particularly after the birth of Son, she said, Father was controlling, angry, abusive, and demeaning to her and to Son. Mother claimed Father […]

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Post-Divorce Change of Custody: Finch v. Hayes

Facts: At the time of divorce in 2003, Mother and Father entered an agreed parenting plan designating Mother as the primary residential parent for Child but providing Father with regularly-scheduled parenting time. Years later, Mother filed a motion for contempt and petition for modification of the parenting plan. Mother claimed that Father failed to pay […]

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Tennessee Divorce Lawyer’s List of Things Every Divorced or Divorcing Parent Should Do: Part Two

This is Part Two of a four-part series where I will briefly recommend appropriate behaviors for parents during separation, courtroom proceedings, and following divorce. All recommendations are based on my personal experience as an attorney focusing on family law as well as the enormous body of social science research devoted to studying the effects of […]

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Modification of Permanent Alimony: Jackman v. Jackman

Facts: After a ten-year marriage, the trial court divorced Husband and Wife on stipulated grounds but reserved all financial issues, including alimony, for trial. After a subsequent trial, the trial court awarded Wife rehabilitative alimony of $2,000 per month plus the cost of Wife’s COBRA premiums, with the alimony amount increasing to $2,400 per month […]

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Unwillingness to Facilitate Child’s Relationship with Other Parent Leads to Change of Custody: In re Elaina M.

Facts: Mother gave birth to Child. At age four, Mother petitioned the court to establish Father’s paternity of Child. Father filed a petition to establish a parenting plan allowing him reasonable visitation with Child. After DNA testing confirmed Father’s paternity, the trial court set Father’s child support and established a standard co-parenting schedule. About a […]

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Tennessee Divorce Lawyer’s List of Things Every Divorced or Divorcing Parent Should Do: Part One

This is Part One of a four-part series where I will briefly recommend appropriate behaviors for parents during separation, courtroom proceedings, and following divorce. All recommendations are based on my personal experience as an attorney focusing on family law as well as the enormous body of social science research devoted to studying the effects of […]

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