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We are here to listen to your concerns and answer any questions you may have. Our firm specializes in all aspects of family law (including divorce, child custody, adoptions, etc.) and criminal law.
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Please note that these questions and answers do not constitute legal advice and no attorney-client relationship is created thereby. These questions and answer are intended only to give general ideas behind commonly asked questions. Each case is unique and advice will vary on a case-by-case basis. Please contact our office if you have any further questions or would like to schedule a consultation to discuss the specific details of your case.
There is a statutory waiting period in Tennessee when finalizing a divorce. If you have filed an uncontested divorce without children, you must wait sixty days from the time your divorce if filed until you can submit your final decree of divorce.
If you have filed an uncontested divorce with children, you must wait ninety days from the time your divorce is filed until you can submit your final decree of divorce. It is important to note that when finalizing an uncontested divorce with children, you must also complete a parenting course and file your certificate of completion before the Court will grant your divorce.
Calculating child support can be very involved and complex, but explained simply, child support is calculated based on the number of days each parent has with the child or children, and each parents gross income. There are several other factors to consider that can be credited to parents, including the cost of healthcare for the child or children, the cost of work related child care, and the cost of recurring medical expenses.
Additional credit can be given to a parent if they are caring for, or paying child support on, a child or children that are not included in your parenting plan.
For a more in-depth look into child support, you can contact our office or click on the following link: https://www.tn.gov/humanservices/for-families/child-support-services/child-support-guidelines.html
First, if you are wondering if an Order of Protection is needed, you should seek the immediate counsel of local law enforcement or a licensed attorney. Your safety is of paramount importance.
An Order of Protection is intended to prevent an immediate and present danger of abuse or harm to the individual seeking an Order of Protection. If the need is immediate, you can seek an ex parte Order of Protection – which means that the application for your Order of Protection will be submitted to a Judge without affording the defendant a hearing prior to a decision. If you are granted an ex parte Order of Protection, Tennessee Code requires that a hearing be held within fifteen days.
If you are a victim of abuse, domestic abuse, threats, stalking, or any other action causing you to believe that there is a threat of harm, please contact law enforcement or a licensed attorney.
Contempt of Court means generally that a Court has issued an order and that a person included in that order has failed to act in accordance with the Judge’s order.
Contempt of Court can be brought back in front of a judge in two main ways, either as civil contempt or criminal contempt.
Criminal Contempt is akin to any other crime in that the party who has failed to listen to an order is subject to incarceration or a fine. Criminal Contempt brings into play Constitutional rights, including the right to have an attorney appointed to defend the accused and the right to invoke your Fifth Amendment Right against self incrimination.
Civil Contempt is treated differently – and while incarceration can still be a potential outcome if the accused is found to be in contempt, the accused is considered to ‘“have the keys to their jail cell.” In other words, there is an amount that can be paid to prevent incarceration. Generally speaking, civil contempt is sought when the party seeking contempt charges simply wants the other party to act in accordance with an order.
Simply put, an Uncontested Divorce is a divorce entered into by a married couple by agreement. This means that each party agrees on how to divide your marital debts and marital assets. This also means that each party agrees on how to classify property as either marital property (generally property purchased or acquired during the marriage) or separate property (or property that is brought into the marriage by one party and owned separately by only one party). If spousal support is sought, each party must also agree on the amount of spousal support and duration that spousal support will be provided.
In order to qualify as an uncontested divorce, each party must also agree on a permanent parenting plan for any children born of the marriage. A permanent parenting plan is required whenever a divorce includes children under the age of 18 or if 18 years old, any children still in high school. Your parenting plan will include a calculation of child support based upon the Tennessee Child Support Guidelines.
Generally put, a Contested Divorce is any divorce that requires relief from the Court to determine issues relating to your marriage and divorce. This can include seeking relief to assign parenting time, child support, spousal support, and many other issues.
