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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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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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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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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Property Classification, Transitional Alimony, and Attorney’s Fees: May v. May

Facts: Husband and Wife divorced after a 25-year marriage. At the time of divorce, Husband was 75 years old and “semi-retired,” earning $1,250 per month as a consultant. Wife was 59 years old, had a GED, and earned $260 per month cleaning houses. She also had cancer and a painful nerve condition in her hip. […]

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