Property Valuation and Professional Goodwill in Tennessee Divorce: Eberting v. Eberting

Facts: The parties were divorced after a 14-year marriage. After a trial, the trial court awarded Wife a divorce, distributed the marital property, entered a Permanent Parenting Plan, awarded Wife transitional alimony, and awarded Wife attorney’s fees as alimony in solido. Husband appealed the trial court’s valuation of Husband’s orthodontic practice, its failure to adopt a […]

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Post-Divorce Relocation Allowed in Tennessee: Goddard v. Goddard

Facts: When Mother and Father divorced, Mother was designated the primary residential parent for Child. Father’s parenting time consisted of alternating weekends, one overnight each week, and various holidays. Some time later, Mother filed a motion to relocate to Florida with Child citing job opportunities, the proximity and support of her family, and a social network […]

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Change of Child Custody Reversed in Tennessee: Tomlin v. Leamon

Facts: Mother and Father are the divorced parents of two children. Mother was the primary residential parent. In a post-divorce proceeding, Father sought to change custody such that he would be the children’s primary residential parent. Father argued that a change in his work schedule allowed him to spend more time with the children. After […]

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Considering “Maximum Amount of Time Possible With the Child” in Tennessee Child Custody Decisions: Rountree v. Rountree

Facts: Mother and Father are the parents of a two-year-old Child. They divorced after approximately nine years of marriage. Prior to the marriage, Father was injured in an accident that left him “confined to a wheelchair” and “unable to obtain substantial employment.” Before the divorce, Father was the primary caregiver for Child while Mother worked. […]

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Modification of Alimony and Voluntary Underemployment: Flynn v. Flynn

Facts: The parties divorced in 2003 after 27 years of marriage. At the time of divorce, Husband, who was an equity partner in a prominent law firm, entered into a Marital Dissolution Agreement (“MDA”) that required him to pay permanent alimony to Wife. Six years later, Husband was expelled from his former law firm because […]

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No Material Change of Circumstances and No Relocation in Tennessee Child Custody Dispute: Gray v. Jeans

Facts: Mother and Father are the never-married parents of two minor children. After they split in 2005, the trial court approved their agreed permanent parenting plan, which plan provided for rotating the children every two weeks and designated Father as the primary residential parent. The parties later reconciled and lived together from 2007 until 2009, […]

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Division or Post-Separation Income and Denial of Alimony Reversed: Mayfield v. Mayfield

Facts: Husband and Wife divorced after approximately 17 years of marriage. During the marriage, Wife was employed as a pharmacist while Husband stayed home to care for their two children and work on their farm. After a trial, the trial court awarded Wife a divorce on the ground of inappropriate marital conduct, finding “overwhelming evidence that […]

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Property Division in Tennessee Divorce Inequitable When it Takes 30 Years: Pijan v. Pijan

Facts: After over 30 years of marriage, Husband and Wife were divorced. The trial court divided their marital property “more or less equally.” The marital residence, valued at $130,000, was awarded to Wife. To equalize the division of property, the trial court awarded Husband a $65,000 security interest in the residence and ordered Wife to […]

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Prenuptial Agreement Held Invalid and Unenforceable in Tennessee: Stancil v. Stancil

Facts: Wife filed for divorce and sought temporary alimony. Husband responded that Wife had waived any claim to alimony in a prenuptial agreement. The trial court held on hearing on the validity and enforceability of the prenuptial agreement. The proof showed Wife had no formal education beyond the tenth grade. Husband owned an interest in […]

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Property Classification of Increase in Pension Benefits: Nusbaum v. Nusbaum

Facts: The parties divorced when Husband was 61 and Wife was 67. Both parties were found to be equally at fault in the divorce. Among other assets, Husband had a Federal Employee Retirement Service (FERS) pension, part of which was his separate property because it accrued prior to the marriage. The trial court determined the […]

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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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