Divorce Family Law

This is some generally helpful Memphis Family law and divorce information. Note, I no longer practice Family Law, except as a mediator.

Though it can seem so at times, Tennessee is not a community property state. Division of marital property can get extremely tricky because of that. Often lawyers will try to lump in expected gifts from parents, debts that were incurred before the marriage, or expected expenses due to break-up of the marriage that really shouldn’t be included. That’s why it is important to be vigilant.
In extreme cases it may be possible to defeat the tendency of courts to “split the baby “ in divorce cases. An unemployed lay about who does not perform the functions of a homemaker, wastes assets, and does not contribute at all might allow for the preservation of assets. It’s difficult though, divorce laws can be tough on all parties.

Legal Separation and Annulment Option
Though rarely used and when used usually ending up in divorce, legal separation can be an option for those with moral objections to divorce. These proceedings can accomplish almost everything a divorce can while maintaining the legal relationship of man and wife with prohibitions against adultery and also importantly access to insurance in many cases.
Annulment is also a complicated option. Traditionally, a marriage required some act beyond a ceremony in order to be valid. This is where the legal option of annulment comes from. Perhaps there was no marriage. This should be investigated quickly as length of marriage is a key factor in getting an annulment.

See my article on Alternative to Divorce for more information.

Legal and Physical Child Custody

Tennessee treats child custody decisions as res judicata (already determined) ,unless you can show a material change of circumstance unanticipated by the trial courts. This can make a change of child custody very difficult. You need to show some material deviation before you can even argue the best interests of the children and the burden of proof is on you.
The first step is to sit down with a lawyer. Sorting out the relevant facts isn’t a matter of fairness or what feels “right” the tests are fairly technical yet obtuse. I believe in sharing legal information but failure to exercise visitation can be an excellent material change of circumstance or be used against you as obstructing the other parent’s relationship. You have to consult with a lawyer for this one.

Spousal Maintenance/ Alimony
Short marriages will rarely be awarded alimony. The only exception would be if someone married a disabled, elderly indigent. Then I might be able to get alimony for the indigent and it would be really tough.
Alimony has become harder and harder to get over the years according to all information I’ve run across. Partly, this is due to the increasing equality in society and the lessening of the traditional interpretation of marriage. A man no longer takes on a duty to support a presumptively less able woman. The duty of support still exists, but it goes to both spouses and it is not presumed either one of them is less capable.
So it will only be from sacrifices made for the marriage that significant alimony awards would be possible. These are called alimony in future and last forever. There are lesser forms of alimony available for transitional phases which can be substantial but will not have a lifetime effect.
Whatever is awarded; however, it must be remembered that your living standard will go down. Two separate cannot live nearly as cheaply as two together.

Visitation and Parenting Time
Unlike child custody specific visitation has become easier to change with an increasing awareness of the need for children to know and appreciate both parents.
The first thing to do is ask for a specific order. Doing things by consent is always the cheaper than litigation. The next thing to do is be reasonable and adhere to what is actually happening if the reason for the change is to comply with actual visitation. Asking courts for additional visitation to save on child support is transparent and won’t help you in the long run.