Trust an Experienced Franklin Divorce Attorney to Help You Begin the Next Chapter, After Divorce

It is important for fathers in Tennessee to understand their rights pertaining to child custody/visitation cases before showing up to a hearing on these matters. Fathers who are adequately prepared with relevant documents outlining their involvement with their children prior to filing for court action may find themselves better equipped when presenting their case before a judge. Contact us at Middle Tennessee Family Law to discuss your options with our paternity attorney. We want to help you take the best course of action when it comes to protecting your rights as a father in Tennessee. From our office in Franklin, Tennessee, we provide legal guidance to clients throughout Middle Tennessee, including Nashville and Murfreesboro. Establishing Paternity in Tennessee Fathers in Tennessee should take steps to ensure they have established legal paternity so they can enforce all of their rights relating to their children’s care and custody. In the state of Tennessee, fathers have specific rights when it comes to child custody. However, before a father can exercise those rights, he must first establish paternity. There are two ways for a father to voluntarily establish paternity in Tennessee: Acknowledgment of Paternity . The first way to establish paternity is through an Acknowledgment of Paternity form. This form is filled out by both parents and filed with the State Department of Health Vital Records Office or the State Department of Human Services. Once this form is filed and accepted, it becomes a legal finding that the named man is indeed the biological father of the child. Order Establishing Parentage . The second way a father can establish paternity in Tennessee is with an Order Establishing Parentage. These orders are issued by a court after both parents agree that they are the legal parents of the child and are usually filed along with an Acknowledgment of Paternity Form. If either parent does not agree to a voluntary paternity establishment, then involuntary paternity establishment must be pursued as an alternative route to legally recognize a father’s relationship with his child. An involuntary paternity establishment occurs when either parent requests a court hearing to determine whether a man is the biological father of a child. If it is determined that he is indeed the biological father, the father will be required to pay child support and may also be ordered to pay for other costs associated with having a child, such as medical bills or educational expenses. Fathers’ Rights to Make Decisions About Their Children In Tennessee, the law generally assumes that both parents should have a role in raising their children. As such, courts will usually award joint physical and legal custody of children (if it is in the children’s best interests). Joint physical custody means that both parents have the right to spend time with the child, while joint legal custody means that both parents have a say in major decisions regarding the child’s health and welfare (i.e., education, medical treatment, etc.). It is important to note that joint physical and legal custody does not necessarily mean equal time or decision-making power. Instead, it simply means that both parents have a say in matters concerning the child’s care. Fathers’ Rights to Custody/Visitation Fathers have the same rights as mothers when it comes to child custody/visitation in Tennessee. That being said, there are certain steps fathers can take to ensure they receive fair consideration from the court. For starters, fathers should be prepared to demonstrate their involvement with their children prior to filing for custody/visitation rights. This could be done by demonstrating evidence of: Regular contact via phone calls or visits; Proof of financial support; and Evidence of active participation in the child’s school activities or other extracurricular activities. If there are any issues between you and your ex-partner (such as domestic violence), you, as a father, should be prepared to present evidence proving your innocence or demonstrating that any problems were resolved amicably. When going before a judge for a hearing regarding your parental rights, it is crucial to be prepared with all relevant documents and evidence outlining your involvement with the child prior to filing for court action. Additionally, you should also be familiar with Tennessee state laws regarding parental rights so you can effectively argue your case in front of a judge. Finally, it is always helpful if you come armed with suggestions on how parenting plans could be modified or altered so that everyone involved receives fair consideration from the court system. Fathers’ Rights Pertaining to Child Support Fathers’ rights pertaining to child support in Tennessee depend on establishing legal paternity between them and their children. If a father’s paternity is not established, he cannot be required to pay child support. Also, it is a common misconception that only the father can be required to pay child support after a divorce. Typically, courts will award child support based on the income of both parents and the custody arrangement. Other factors considered by Tennessee courts for child support calculations include, but are not limited to: Each parent’s financial situation Child care expenses The number of days the child spends with each parent per year The child’s health care premiums The child’s educational expenses It is always best to speak to an experienced family law attorney in order to understand your rights and obligations with regard to paying or receiving child support. Realistic & Experienced Legal Guidance Seeking legal counsel is one of the most important things a father can do to protect their rights when it comes to child custody and visitation in Tennessee. Our family law attorney at Middle Tennessee Family Law can provide valuable advice and help make sure your rights and best interests are taken into account in any court proceedings. Contact our office in Franklin, Tennessee, today to schedule your free case evaluation.

Same-sex spouses—just like opposite-sex spouses—face domestic disputes or other issues that may lead them to consider divorce. Do divorcing same-sex couples have the same rights as divorcing opposite-sex couples? Is the process inherently more difficult? What are the defining issues? If you’re a partner in a same-sex marriage who is considering divorce, has already begun the process, or has been served divorce papers by your spouse in or around Franklin, Tennessee, reach out to Middle Tennessee Family Law. Our divorce attorney has the experience, knowledge, and resources to help you navigate the process of divorce, which can be tricky given the unclear nature of some of Tennessee’s laws. Divorce Attorney Tiffany Jones serves clients throughout Middle Tennessee, including Murfreesboro and Nashville. Same-Sex Marriage in Tennessee Same-sex marriages became legal in Tennessee the day that the Obergefell decision was released. This means that officially recognized same-sex marriages enjoy the same rights under state law as do heterosexual marriages. Officially recognized means that residency requirements have been met and a marriage license has been obtained. Residency requirements mean you have to have lived in Tennessee for six months and intend to stay in the state. An officially recognized marriage, whether same-sex or heterosexual, is also subject to Tennessee’s divorce statutes, including division of property, child and spousal support, and child custody and visitation rights. If a couple lives together and claims that qualifies as a marriage without going through the state-mandated process, the relationship does not necessarily meet the threshold for official marriage and divorce recognition. The state of Tennessee does not allow for common law marriages. Common Issues in Same-Sex Divorces One issue looming over a same-sex divorce is whether the couple lived together prior to entering into an official marriage. This directly affects the division of property and other issues. For instance, assets acquired during the time of marriage, no matter who acquired them, are considered marital property. Assets acquired before the official marriage are considered separate property not subject to division upon divorce. Many same-sex couples prior to Obergefell had no choice but to live together and consider themselves a married couple, even using the language of husband and wife. This weighs heavily on the division of property since it tasks the court with deciding when the marriage actually began. For instance, if one partner acquired a piece of property while living together before their official marriage, is that property separate or marital? If the same-sex couple has a child or children through assisted reproduction, is the non-biological spouse subject to child and spousal support obligations as would a biological father in a heterosexual marriage? The non-biological spouse can argue that the child is not theirs absent an adoption. Courts nationwide have been leaning toward a yes answer—the non-biological spouse is subject to child and spousal support obligations. This is called “paternity presumption.” Following Obergefell , the Supreme Court in 2017 extended adoption rights to same-sex couples in its decision in Pavan v. Smith . Under this ruling, courts have adopted the paternity presumption in cases in which assisted reproduction is involved. Alimony or spousal support can also be affected by the length of time an officially married same-sex couple lived together prior to marriage. This can loom large since alimony—whether the court orders it and under which terms—usually hinges upon the length of the marriage. Spending time together before official marriage can be considered in determining the length of marriage in issues of alimony as well as child support. Of course, when it comes to divorce, tax issues can loom large when assets are divided. Once again, if the couple was living together as if married before officially being married, the tax liabilities can be larger and may affect one spouse more than the other. A skilled family lawyer can help you and your loved ones navigate these complex tax issues. Practical & Purposeful Legal Guidance Same-sex divorces in Tennessee—and across the nation—are complicated by the recency of legally recognized same-sex marriages. Court precedents are still evolving, and legislatures have been slow in clarifying matters, here and elsewhere. The best solution is to work out a divorce settlement agreement before going to court to ask a judge to decide issues vital to the future of both spouses. Courts will generally approve these agreements unless they are too one-sided, favoring one spouse over the other. Whether you hope to agree amicably among yourselves on the terms of your divorce, or circumstances dictate a divorce court proceeding, rely on Middle Tennessee Family Law to help you chart your path forward. We can discuss your situation with you and advise you of your legal and practical options, then help you pursue your path to dissolution of your marriage. Reach out to us immediately for an initial consultation.

There are few things in life more painful than going through a difficult divorce. Just like no two people are exactly alike, no two divorces are quite the same, and they can happen for a number of reasons. Some of these are mutually agreed upon by both partners, but in other cases, divorce can happen due to the actions of just one spouse. In cases of infidelity, often the slighted partner may think, “How does cheating affect my divorce?” or “Is adultery grounds for divorce?” Unfortunately, there are no simple answers to these questions. The best thing you can do is meet with a skilled family law attorney who can evaluate your specific circumstances and provide you with tailored legal advice. If you’re in the Franklin, Tennessee, area or anywhere throughout Middle Tennessee, including Murfreesboro and Nashville, reach out to us at Middle Tennessee Family Law. Divorce in Tennessee Each state sets its own laws for marriage and divorce, and these will affect how you go about yours. In Tennessee, you don’t need a reason to divorce your spouse other than simply having “irreconcilable differences.” However, there is an option under state law that allows for certain “grounds” for an at-fault divorce; one of these is adultery. Importantly, cheating is not a crime in the state, but it can be one factor that is considered in court when deciding issues like child support, alimony, and division of assets. Ways That Adultery Might Factor In There are three main ways that adultery may factor into a judge’s decision about your divorce. It should be noted, however, that just because your spouse cheated on you does not automatically mean you’ll be awarded more money or assets. You should never assume that a judge will weigh this in their decision-making, no matter how hurtful or destructive the actions of your spouse were to your relationship. The most common way it can affect the outcome of your divorce is through alimony (spousal support). Alimony is never automatically awarded, even in cases of adultery. Additionally, state law prohibits punitive alimony, so you can’t simply ask for more money from your spouse because they betrayed you. It can, however, still play a role if the judge takes into account the “relative fault” of one partner over another. It may also be considered if you could show that your cheating spouse used marital funds to pay for their extramarital affair. Perhaps they used a joint account or credit card to buy jewelry, trips, or gifts for their paramour. In these cases, a judge may decide to award more money to the slighted spouse to make up for this irresponsible spending. This can also be the case when a couple is dividing assets. Typically, assets should be divided equitably between the two spouses, but if one spouse wasted the couple's finances on their affair, a judge could easily decide to give a larger share of the assets to the other spouse. Lastly, adultery may be considered when making child custody or child support decisions. In almost all cases, infidelity won’t be enough of a reason to keep someone’s child away from them— after all, it was the spouse who was cheated on, not the child. However, a judge will look at the “moral character” of each parent when deciding cases like this, and depending on how egregious the actions were, they could weigh these in their ruling. Living With Someone Else While Divorce Is Pending One last concern to address is how living with someone else while a divorce is pending may affect the outcome of it. This is a difficult topic to navigate, but it can have a significant impact on financial matters. And, it’s often the case when one spouse cheats on the other that the cheating spouse will go on to live with this new partner after the divorce is final or even when the divorce is still pending. Many times, alimony payments will be stopped once the receiving spouse goes on to live with another partner. This is because alimony is intended as temporary aid to help someone get back on their feet and establish a solid income stream. So, when they move in with someone else, it’s assumed that they’ll now be splitting major expenses like rent with someone else and will have less need for financial support. In other cases, if the cheating spouse chooses to live with their new partner while the divorce is pending, a judge may decide that they’re squandering what’s still considered joint assets, and in turn, award the other spouse more. Don’t Face Divorce Alone. Call Now. Divorces are messy and complicated, even under the most ideal conditions. The best thing you can do for yourself is hire a qualified divorce attorney in Tennessee who understands the law and will fight on your side for what’s fair. If you’re looking for a lawyer in the Franklin, Tennessee, area, call us at Middle Tennessee Family Law today to schedule a consultation.

Matters of domestic relationships – such as divorce – are often sensitive and require thoughtful consideration when dealing with them. The first 72 hours after being served with or serving divorce papers can be highly emotional and confusing to sort through. In order to avoid making irrevocable mistakes, getting proper guidance from an experienced Tennessee family law attorney is imperative. At Middle Tennessee Family Law, we are committed to offering personalized legal counsel and reliable advocacy to clients in family law and divorce-related matters. Our skilled attorneys are available to discuss your unique circumstances and enlighten you about the next steps to take after serving or being served with the divorce papers. We’re proud to serve individuals and families across Franklin and throughout Middle Tennessee, including Murfreesboro and Nashville. First 72 Hours After Being Served/Serving Divorce Papers Going through a divorce can be a difficult and emotional experience. Fortunately, knowing what to do can make your divorce proceedings feel more manageable. Here’s what to do during the first 72 hours after serving or being served with the divorce papers: Hire an Attorney Hiring a knowledgeable divorce attorney is the first step toward a successful marital dissolution. Your attorney can help evaluate your unique circumstances and enlighten you about your available divorce options. Also, your legal counsel can educate you about the residency requirements and divorce grounds in the state, determine the type of divorce that is right for you, and help settle other divorce matters – including asset division, alimony, and parenting plan. Serve or Review Divorce Papers Upon filing your divorce petition in Tennessee, you will have to notify your estranged partner. This is referred to as “serving” your spouse. If you’re seeking a divorce, you can serve the divorce papers to your spouse: By using a private process server. Through the sheriff's department in your county. By sending the summons through the mail. Conversely, if you’re being served with the divorce, you need to consult with your divorce attorney immediately. Your legal counsel will properly review the papers and respond to the divorce petition or make a counterclaim. Most importantly, ensure that you seek divorce counseling and support. Protect Your Assets Asset division remains a crucial aspect of every Tennessee divorce case. Carefully identify and protect your assets, finances, and accounts. This may require taking a detailed asset inventory comprising every property you own separately or together with your soon-to-be ex-spouse. Also, cancel all joint accounts, and change your personal passwords. Gather Necessary Documentation Additionally, collect the necessary information from your estranged spouse, and document every record. These include individual information, marital history, proof of residency, employment records, and information about your children. Also, ensure that you make extra copies of all important documents and records that contain your personal information. Explore Your Options Dealing with divorce requires careful consideration. Hence, take time to review your divorce options with an attorney. These include uncontested divorce, contested divorce, and divorce mediation. Your attorney can enlighten you about the benefits, drawbacks, and requirements of each divorce option. Determine Living Situation You may need to decide on the living situation before your divorce is finalized. Your available living options while your divorce proceedings are ongoing include: Continue living in the marital home with your estranged partner. Vacate the marital home to avoid hostilities and for your comfort. Bird-nesting. Sell the property and divide the equity. Buy out your estranged partner. Refinance the mortgage in your name. However, there is a short timeframe to serve or respond to divorce papers. Therefore, it is important that you take immediate action. Be sure to retain an experienced Tennessee divorce lawyer to advocate for your best interests and guide you through the divorce proceedings. How Middle Tennessee Family Law Can Help A divorce can have a significant long-term impact on different aspects of your life, including your family, children, finances, assets, and future relationships. With several misleading information out there about the divorce process, it is easier to make costly errors without experienced guidance. Therefore, when going through a divorce, it is important that you speak with a trusted family law attorney for reliable advocacy and to enlighten you about your available options. At Middle Tennessee Family Law, we have the diligence, expertise, and resources to advise and guide individuals and families through the complexities of divorce proceedings. Whether you are serving or have just been served with divorce papers, our attorney can walk you through every step and help you navigate crucial decisions. We will fight compassionately for your legal rights, work diligently with all parties to settle divorce matters amicably, and help make your transition as smooth as possible. Contact Middle Tennessee Family Law today to schedule a simple consultation with an experienced divorce attorney. Our dedicated lawyer can offer you the reliable legal guidance, assistance, and advocacy you need to navigate crucial decisions in your divorce case. Our firm is proud to serve clients across Franklin and throughout Middle Tennessee including Murfreesboro and Nashville.

Divorce is a tremendous life changer. While not everyone embraces change, those who have the facts when experiencing a divorce are much more likely to see the light at the end of the tunnel. On the other hand, those who choose to believe in rumors—including what they read on the internet—can feel more confused and overwhelmed. At Middle Tennessee Family Law, we choose to deal in facts, and we encourage our clients to deal in facts as well. Understanding the truth about divorce may not eliminate every ounce of the stress involved with one, but it can significantly reduce it. Whether you are headed for divorce in Franklin, Tennessee, or anywhere in Middle Tennessee, including Murfreesboro and Nashville, or if you are already in the middle of a divorce, let us dispel these eight common misconceptions. 1. A spouse can keep the other spouse from getting divorced. If one spouse files a petition for divorce and serves the petition and summons as required by law on the other spouse, that spouse cannot deny the divorce. In fact, if the served spouse does not file a response to the petition with the court within 30 days (or request and be granted an extension under some circumstances), and if the spouse fails to appear in court on the scheduled date and time, the court can award a default judgment to the petitioning spouse. 2. You can’t file for divorce in Tennessee if you got married somewhere else. If the “grounds” for the divorce, such as poor behavior during the marriage, occurred in Tennessee, the petitioner may file in Tennessee. If the grounds occurred in another state, the petitioner may file for divorce in Tennessee so long as one of the spouses has been a resident of the state for at least six months. Meeting this residency requirement gives a Tennessee court jurisdiction to dissolve a marriage regardless of the state the marriage occurred in. 3. Our assets will be divided equally. In Tennessee, marital assets are divided equitably rather than equally. That means they are divided as the court determines is fair rather than just 50/50 no matter what. “Fair” depends on multiple factors, including the length of the marriage, the work history and earning capacity of each spouse, sacrifices made by one spouse to further the other’s education, and each spouse’s age, health, and mental capacity. 4. A cheated-on spouse ends up with everything in the divorce. Grounds-based divorces are awarded in Tennessee, and adultery certainly is one of those grounds. You should know first that adultery must be proven if alleged as a grounds for divorce. However, even if proven, the cheated-on spouse does not necessarily “get everything.” Marital property is still divided equitably. However, the court may order the cheating spouse to pay the other spouse alimony due to poor marital behavior. 5. Primary custody of kids always goes to the mother. Back in the days when mothers were rarely employed outside the home, they were typically awarded primary custody of the children in divorce. The mother was the person who had been spending the greater amount of time raising children in the home, so awarding her custody was less disruptive to the children. Because many couples now both work outside the home, and because of the prevalence of same-sex marriages, this is no longer accurate. Primary custody of the children will depend on what the court believes is in the best interests of those children. Often, that can be the parent who spends the most time with the kids, regardless of their parental designation. 6. If the other parent doesn’t pay child support as ordered, I can withhold visitation. The child custody arrangement, parenting plan, and visitation agreement are official court orders. As such, they are to be obeyed unless or until the court issues a new order. Of course, paying child support is also a court order, and you can ask the court for redress if the parent fails to pay it as ordered. However, it is not up to you. Rather, it is up to the court to determine visitation. That must be observed or you—and not just the other parent—will be violating a court order. 7. The children get to choose who they live with. Only the court can determine who a minor child lives with unless that child becomes an emancipated minor or joins the military. That said, the Tennessee court will consider the preferences of children ages 12 and older in rendering a decision on the matter. Again, the court bases its decisions on all child custody issues based on what it believes is in the best interests of the children. 8. Legal counsel won’t help with a no-fault divorce or in child custody matters. It is true that you technically do not need to have a family law attorney representing you to get divorced in Tennessee. However, having an attorney on your side can be a tremendous help, even when you and your spouse can agree on everything related to your divorce. Remember, your attorney may be the only person in the process ensuring that your best interests are served. Your attorney will provide experience and informed legal counsel on the division of marital property and debts and protect your interests regarding your children. In the event of a grounds-based divorce, your attorney will help you prove or defend the allegations. With the help of a divorce attorney, you can keep any negotiations productive and on track. Turn to Middle Tennessee Family Law At Middle Tennessee Family Law, we deal with the facts. We are compassionate toward our clients but don’t tell them what they want to hear. We tell them what they need to know. At the end of the day, we stick to the facts. If you are considering a divorce in Franklin or in another Tennessee community, or if you are already involved in the divorce process, call us today to schedule a consultation.

A divorce is one of the most difficult life events a person can experience. The emotional turmoil and devastation are only exaggerated when the divorce is high-conflict. Even when you have made the decision to end your marriage, there is a deep feeling of loss. Tiffany Johns, of Middle Tennessee Family Law, is an experienced Brentwood divorce attorney. She is a compassionate advocate who brings a practical approach to divorce, helping clients resolve disputes quickly and efficiently. The process for divorce in Tennessee can be complex and involves strict compliance with local court rules and state laws. Middle Tennessee Family Law’s experienced Brentwood divorce attorney will guide you through each step in the divorce process and aggressively represents you in court to ensure you get what you need to move forward in a positive way after divorce. How Do I Begin the Divorce Process? In Tennessee, there are requirements that you and your spouse must meet before a divorce can be granted. These include: Either you or your spouse must have lived in Tennessee for at least six months before filing. Your divorce petition and initial paperwork must be filed in the county where you live. You must properly serve the other party with the petition. It is always best to discuss your case first with an experienced Brentwood divorce attorney before you file. There is a specific legal process you must follow with the initial filing and serving. Improper completion or service of your paperwork can greatly impact your case. How Long Does the Process Take? If you do not have minor children, you can be granted a divorce after sixty days if your case is uncontested. Uncontested means you and your soon-to-be ex-spouse agree on how to divide your assets and debts. This is a fast and efficient way to obtain a divorce if there is little disagreement. You simply sign a Marital Dissolution Agreement written by your Brentwood divorce attorney that outlines how you and your spouse have decided to separate your property and if support is to be paid. This serves as a guideline on how this division is to be followed and can be used for financial institutions to properly transfer and divide assets. If you have children with your spouse, you must wait at least ninety days before your divorce is granted. This “cooling off” period is required to ensure that you do not change your mind prior to your divorce becoming complete. You and your spouse will each sign a Marital Dissolution Agreement and discuss the details of your Permanent Parenting Plan that dictates child support, custody, and visitation. Official parenting plans follow rigid guidelines and must be strictly followed. Before signing, each of your attorneys will thoroughly review it and discuss the long-term consequences of certain terms contained within the agreements. If you and your spouse do not agree on one or more aspects of your divorce, then you must file for a contested divorce. This entails each side arguing their case in front of a judge. The judge then decides child custody, visitation, support as well as the division of assets and debts. Contested cases can vary in length significantly and can be much more costly than an uncontested cases. They also require hiring a Brentwood divorce attorney who isn’t afraid to fight for your rights. Tiffany Johns provides aggressive representation to family law clients across Brentwood. She uses forward legal strategies to ensure her clients get what they are entitled to during a contested divorce. Contact an Experienced Brentwood Divorce Attorney and Begin a New Chapter in Your Life. Tiffany Jones at Middle Tennessee Family Law is a Brentwood divorce attorney who is ready to assist you with your dissolution of marriage. She guides you and your family to find mutually beneficial solutions for all involved. Evening and weekend appointments are offered for your convenience. Contact Middle Tennessee Family Law today for a free initial consultation.