Such other factors, including the tax consequences to each party, as are necessary to consider the equities between the parties. Tenn. Code Ann. \u00a7 36-5-121(i).<\/li>\n<\/ol>\nThe disadvantaged spouse’s need and the obligor spouse’s ability to pay are the most important among these factors. Riggs v. Riggs, 250 S.W.3d 453, 457 (Tenn. Ct. App. 2007). Ultimately, however, “the disadvantaged spouse’s need is the threshold consideration.” Id. Current Tennessee law recognizes several distinct types of spousal support, including (1) alimony in futuro, (2) alimony in solido, (3) rehabilitative alimony, and (4) transitional alimony. Gonsewski v. Gonsewski, 350 S.W.3d 99, 107 (Tenn. 2011) (citing Tenn. Code Ann. \u00a7 36-5-121(d)(1)).<\/p>\n
General Types of Child Custody Arrangements<\/h4>\n
There are essentially three general types of child custody:<\/p>\n
\n- Full custody<\/strong>\u2014In cases in which there are concerns about one parent\u2019s commitment, fitness or ability to care for the children, the other parent may be successful in obtaining full custody. Under this type of arrangement, the children live with the custodial parent full time. The noncustodial parent may still have the right to short-term visitation with the children, which may be supervised if there are concerns about the children\u2019s safety.<\/li>\n
- Joint custody<\/strong>\u2014In most cases, there is a presumption that children benefit from having sustained contact with both of their natural parents. For this reason, joint custody is the most common custody arrangement. Even here, however; custody is rarely a true 50\/50 split. One parent is the primary residential parent with whom the children spend most of their time and the other is the alternate residential parent with whom the children live for set intervals. The details of joint custody must be established through a court-approved parenting plan or otherwise imposed by court order.<\/li>\n
- Visitation<\/strong>\u2014When one parent has full custody, the other parent usually still has a right to visitation. This is fairly more common in unwed custody cases involving fathers who had limited initial contact with their children or in cases in which there are concerns about either parent\u2019s ability to care for the children.<\/li>\n<\/ul>\n
Review a sample parenting plan which is required in all divorces with minor children. https:\/\/www.tncourts.gov\/programs\/parenting-plan\/forms<\/a><\/p>\nContested Divorce Process and Timeline in Hamilton County, Tennessee<\/h4>\n
Contested divorce process may be broken down into distinct tasks or phases.\u00a0 Most contested divorces will follow the timeline set forth below:<\/p>\n
\n- Filing Complaint for Divorce<\/strong>\u2014A Tennessee divorce begins with the filing of a Complaint for Divorce.\u00a0 Filing for divorce puts the world on notice that a spouse is seeking a divorce. Filing fees in Tennessee vary from county to county, but are currently in the range of $184.50 without children, and $259.50 with children. In most counties divorce filings are published in the paper.<\/li>\n
- Servicing of Summons and Complaint on Spouse<\/strong>\u2014After filing a Complaint for Divorce, these papers must be served on the spouse with a Summons requiring the spouse to answer the divorce papers.\u00a0 The Summons and Complaint can be served in various ways: 1) by a Sheriff\u2019s deputy, 2) private process server, or 3) certified mail, return receipt requested.\u00a0 Upon being properly served with the divorce papers, the spouse has thirty (30) days to file an answer or answer and counterclaim.<\/li>\n
- Written Discovery<\/strong>\u2014After the filing of the initial pleadings, i.e. divorce papers, an initial group of written discovery requests will normally be exchanged between spouses.\u00a0 Written discovery must be answered completely within thirty (30) days from receipt of such discovery.\u00a0 Written discovery includes Interrogatories, Requests for Production of Documents, and Requests for Admission.<\/li>\n
- Mediation<\/strong>\u2014Mediation is an informal settlement process where the spouses with their respective attorneys meet with a mediator, an experienced matrimonial attorney who has specialized training to settle divorce cases. \u00a0Mediation must be completed before a case may be set for trial before a judge.\u00a0 To properly prepare for mediation, each attorney will prepare and submit a Mediation Statement to the mediator.\u00a0 The Mediation Statement details each party\u2019s respective position with regard to all of the issues in the case.\u00a0 The purpose of mediation is to give each party the mediator\u2019s unbiased legal opinion about the strengths and weaknesses of their respective case for settlement purposes.<\/li>\n
- Depositions<\/strong>\u2014After written discovery has been completely answered and mediation has failed, most attorneys will want a Discovery Deposition of the other spouse or any other fact witness before the trial.\u00a0 The purpose of depositions is to know what the other spouse and all fact witnesses will testify to at trial.\u00a0 These witnesses’ testimony is recorded by a court reporter, and the witness cannot change their testimony at trial.<\/li>\n
- Pendente Lite Hearings<\/strong>\u2014Pendente Lite Hearings, or Temporary Hearings, are made early in divorce cases before the final trial of the divorce case.\u00a0 The first time you will normally appear in Divorce Court before the Judge assigned to hear your divorce case is for a temporary order hearing. The most common issues heard pendent lite is to have the court issue orders regarding spousal support, child support, parenting time\/schedule, and contribution toward marital expenses. The court will endeavor to maintain the status quo during the divorce to ensure that the family\u2019s debts and expenses are being paid in a timely manner to avoid any foreclosure of real estate, repossession of personal property, cancellation of insurance, or disconnection of utilities.\u00a0 It is very important to do well at the pendent lite hearing, as judges do not generally change their temporary orders until the final hearing of the divorce case.<\/li>\n
- Trial Preparation<\/strong>\u2014Almost all divorce cases settle during the mediation process, and all but approximately 2% of all contested divorces settle before the final divorce trial. A competent contested divorce lawyer will fully and adequately prepare for trial. Most trial preparation time is spent preparing exhibits, meeting with witnesses, and finalizing legal arguments and positions. During this time, most contested divorce lawyers will meet with clients at least weekly to go over all exhibits and testimony to be adequately prepared.\u00a0 A Proposed Division of Assets and Liabilities and Statement of Witness and Exhibits will be prepared and filed with the court seventy-two (72) hours before trial.<\/li>\n
- Trial<\/strong>\u2014The purpose of a divorce trial is to present evidence to the court to convince the judge to see the important facts of your case from your perspective and to make a final decision on all issues in your favor. \u00a0The judge takes testimony from witnesses and receives evidence in the form of exhibits through the witnesses.\u00a0 From the trial, the judge will make specific Findings of Facts.\u00a0 The judge will then apply Tennessee divorce law to the facts of the case to render a Final Decree of Divorce.\u00a0 The contested divorce trial process begins with both attorneys making a brief opening statement outlining the facts expected to be presented during the trial and suggesting how the judge should rule on the issues. \u00a0After opening statements, the Petitioner, i.e. person who filed for divorce, will go first, calling witnesses and introducing exhibits for the court to consider.\u00a0 After each witness testifies, the opposing attorney can ask questions during the process known as cross examination.\u00a0 After the Petitioner rests, the Respondent can call its witnesses and introduce exhibits through them.\u00a0 After all of the witnesses have testified and all exhibits have been entered, each attorney will have the opportunity to make a final closing argument, summarizing the important facts elicited through testimony of witnesses and introduction of exhibits to convince the judge to rule in their favor.<\/li>\n
- Post-Trial<\/strong>\u2014After the trial of the contested divorce case, a party may file a Rule 59\/60 Motion to Alter or Amend the Final Judgment.\u00a0 Additionally, within thirty (30) days of entry of a Final Decree of Divorce, a party not satisfied with the outcome of the case may file an appeal to the Tennessee Court of Appeals.<\/li>\n<\/ul>\n
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Featured Divorce Attorney<\/h2>\n
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