Parker and LaDuke

Agreed divorces when the wife has had a child or children who are not the husband’s

2025-12-18T20:13:41Z

It is not uncommon for married couples who have separated for the wife to have children from a father who is not the husband. Unfortunately, this creates problems when the parties want to get divorced. In Tennessee, because if the parties are still legally married, the husband is the legal father of any child born during the course of the marriage even though he may not to be the biological father. The problem that this causes with the court in a divorce case is that the court must determine that the divorce judgement makes adequate and sufficient provision for the care and maintenance of any minor child born of the marriage. In order to finalize the divorce, the court must make a legal finding that any child not of the marriage is definitively not the husband's biological child. This usually requires that a DNA test be performed, at a minimum proving that the husband is not the biological father. The DNA test will have to paid for by the parties, as the State will not pay for it in a divorce. Some courts will require that the actual biological father be named and legitimate the child prior to granting the divorce. These extra steps can be difficult and time consuming. This is another good reason not to put off getting divorced after the parties have separated.

What are the types of no-fault divorces in Tennessee?

2025-09-16T12:38:05Z

Tennessee has two kinds of no-fault divorce. The first kind is Irreconcilable Differences, which is often referred to as an agreed divorce. This is found in T.C.A. Section 36- 4-101(a)(14). This requires that the parties enter into an agreed Marital Dissolution Agreement that divides the entire marital estate, which includes real estate, retirement benefits and all personal property, alimony, etc. If there are children, then the parties must also enter into an agreed Permanent Parenting Plan. This consists of the co-parenting time, child support and decision making. There can be no areas of disagreement. Once the documents are signed and then filed with the Court, there is a 90 day waiting period if there are children and a 60 day writing period if there are no children. The Court can approve the divorce after the waiting period has expired. Some judges will require a short court hearing prior to approving the divorce and signing the Final Divorce Decree. This kind of divorce is not available unless the parties agree on all issues. The second kind of no-fault divorce in Tennessee is available it there are no minor children and the parties have lived separate and apart and have not cohabitated for at least a two-year period and there are no minor children of the marriage. This is found in T.C.A. Section 36-4-101(a)(15). An agreement between the parties is not necessary as the Court can divide the martial property if the parties cannot agree.

What are the requirements to modify a child custody order or Permanent Parenting Plan in Tennessee?

2024-01-26T12:28:44Z

In the absence of child abuse and neglect issues, a person seeking to modify a child custody order or Permanent Parenting Plan must file a Petition to Modify the Order or Permanent Parenting Plan in the court where the original order occurred, and show as a threshold issue that a "material change in circumstances" has occurred since the time that the original child custody order or Permanent Parenting Plan went into effect. Some examples would be that the children may be older or express a preference to live with the other parent, or the children are having school problems, behavior problems or other coping problems in their current home. Or, there could be circumstances where one of the parents is not abiding by the parenting plan or otherwise not following court orders or acting in the children's best interests.

Once the Court determines that there is a material change in circumstances, it's next step is to determine if a change in custody in the children's best interests. The Court will look at the totality of the circumstances in deciding that issue.

Please be aware that most Permanent Parenting Plans require the parties to mediate before filing a Petition to Modify in Court.

Also, if there are allegations of abuse or neglect, the proper court to file in is the Juvenile Court in the county where the children reside, which has exclusive jurisdiction over dependency and neglect matters. We can help you navigate your way through this system.

Should older Tennessee couples get a prenuptial agreement prior to getting married?

2023-12-27T21:33:31Z

There are more older couples getting married now than there has usually been in the past. Often, both parties to the marriages have substantial assets and have had children from earlier marriages. A prenuptial agreement can offer some control over the assets they bring to the marriage and how assets acquired during the marriage are categorized in the event of a divorce. Prenuptial agreements are valid if they meet certain requirements. They must contain a full disclosure of both parties' assets. This keeps either party from claiming fraud or misrepresentation in the agreement. There must be no duress and the agreement must be fair. The less financially secure party must receive some benefit in the agreement. Contact us if you have questions about prenuptial agreements.

How do I get visitation with my children when I was never married to the mother?

2023-08-04T23:04:50Z

In Tennessee, when a child is born out of wedlock, initially the mother is the custodial parent by operation of law. The biological father has to establish himself as the legal father before he can get court ordered visitation/co-parenting rights. Unless he has signed an Acknowledgement of Paternity form at the hospital, he will need to file Petition for Paternity in the Juvenile Court in the County where child resides and request visitation/co-parenting time.

The court is likely to order mediation to see if an agreement can be reached. If no agreement is reached then there will be a hearing in front of the judge and the judge will determine the parenting schedule for the child. The judge is required to do what he believes is in the best interests of the child.

Fathers of children born out of wedlock can get court ordered visitation rights but they have to pursue them. If there is no legal action taken, then it is left to the mother's sole discretion to decide what visitation she allows and when she allows it.

When can child support be modified in Tennessee?

2023-08-04T23:03:52Z

If you are paying child support you may be entitled to a modification to lower your payment if your income has decreased, you have additional children or you are spending more overnights with your children. The legal test in Tennessee is whether there is a fifteen percent (15%) variance between what you were originally ordered to pay and what your new obligation would be under your current income according to the child support guidelines. If there is a fifteen percent (15%) variance downward you are entitled to a reduction in your monthly child support obligation.

If you are receiving child support you may be entitled to an increase if the obligor has increased income, you have additional children or the obligor is spending fewer overnights with the children. The test, again, is whether there is a is a fifteen percent (15%) variance. We can run the numbers to see if you would be entitled to a child support modification.

In Tennessee, a Stepparent or Relative Adoption can be done by an Agreement with the Surrendering Parent or Parents.

2023-08-04T23:03:17Z

When there is an agreement between a stepparent or relative and the child's biological parent or parents that an adoption of the child or children should occur, a Petition for Agreed Stepparent Adoption can be filed. This is far easier, less expensive and quicker than the traditional route of a filing to terminate the parental rights of the biological parents and then filing for an adoption. Tennessee law allows for an expedited process in such an agreed adoption, and the process is less expensive than some people realize.

As long as everyone signs the adoption paperwork, the adoption can happen without having to wait six months and sometimes in less than thirty days. If the child is fourteen years of age or older, then the child must consent to the adoption in the petition.

Divorce In Tennessee When You Don’t Know Where Your Spouse Is

2022-02-23T18:52:46Z

Many people seeking divorces do not know where their spouse is, particularly if they have been separated for a long time. What is the solution? How do you serve your spouse the divorce pleadings? You can serve the spouse by publication in the newspaper. It has to run for four consecutive weeks, and then there is a thirty-day period that the spouse has to file a response. If no response is filed, a hearing can be scheduled and the Court can finalize the divorce. There are certain procedural requirements such as the filing with the Court of an affidavit of attempts to locate the spouse, but if all procedures are filed you can obtain a divorce even if you can't locate your spouse.

Divorce and Family Law Filings Increase

2021-09-19T21:00:42Z

Many people in Tennessee who have put off legal action in family law cases because of the pandemic are now pursuing cases in court .Divorce filings are increasing in many areas since many were put off during quarantines and business shutdowns. Unfortunately, in some cases the quarantines have also added to family stress and and increased domestic violence which has resulted in additional divorce and Order of Protection filings. Other matters like adoptions and child support and child custody modifications also appear to be on the rise. If you would like to discuss your options in a family law matter, we are available for prompt consultations at a reasonable rate.

The Process for Stepparent Adoptions in Tennessee

2021-06-23T15:49:14Z

Many married couples have children from prior marriages. Often, the stepparent of the children acts as the children's real parent. Naturally, the Stepparent in this situation frequently would like to make the situation permanent and become the children's legal parent.

If the children's birth parent agrees to the adoption it van be all be done by agreement, and the procedure is not lengthy or overly complicated.

If the birth parent does not agree the their rights would have to be terminated before the adoption could occur. To terminate the birth parents rights the adoptive parent's would have to show that the the birth parent s had legally abandoned the children and that it is in the children's best interests. Legal abandonment can be for months with no no visitation or four months with no child support payments.