Tennessee Example Parenting Plan

Here is an example of a Tennessee Permanent Parenting Plan which is used for both divorce and custody cases in Tennessee. Read More

Tennessee Relocation Statute and the Military

If you are planning to move out of Tennessee, you must understand the Relocation Statute. Essentially, the idea is this: If one of the parent desiring to relocate has more time with the child, they will probably be allowed to move, but a new parenting plan will probably be needed. If both parents have equal time with the child or children, there will be a fight and the court will determine what is in the best interest of the children. This “best interest test” will determine whether the child can relocate with the moving parent. Read More

Divorce Deposition Overview with 15 hints

In a divorce, one of the tools for discovery is the use of depositions. When a lawyer deposes a witness, he or she is calling the witness to testify in the presence of a court reporter. The witness is sworn in and is required to answer truthfully under oath. The testimony given under oath can later be transcribed by the court reporter and turned into a written, word for word, document that can be used to later impeach the witness or for entry as evidence. If the case goes to trial and your testimony at trial differs from your deposition testimony, the deposition can be used by opposing counsel to cross-examine you. Any part of your deposition or your spouse’s deposition can be read by opposing counsel at the final hearing. Careful what you say. The court reporter is generally pretty pricey and can be a major expense depending on how long the deposition runs. Read More

Online Divorce Packets in Tennessee

In order to do the MDA and parenting plan without the help of the lawyer, the parties need to have some understanding of what a parenting plan and MDA look like. As divorces become more expensive, online divorce services that create divorce packets for people will become much more prolific as time goes on. Read More

Divorce Defaults

I am an attorney that practices law in Middle Tennessee. http://www.jamesphillipslaw.com.  If you need self-help legal, go to invisiblelawyer.com. Many of my clients are very concerned about the length of time that it takes to get a default judgment. They see this as the quickest and easiest ways to get rid of a troublesome spouse.  In a… Read More

Visitation Issues in Divorce

During a divorce, if the parties have children, visitation will generally be an issue.  Obviously there is less of an issue when the divorce is uncontested than when it is contested.   The best plan for the kids is almost always to have the two parents come to some kind of agreement.  Regarldless of whether or… Read More

Divorce in Tennessee

There are two types of divorce in Tennessee. Essentially, the common usage is “uncontested” and “contested” divorces. What this really means is this: (1) an uncontested divorce that is based on irreconciliable divorces, and (2) a contested divorce is based on fault based grounds. Read More