koherston
Herston on Tennessee Family Law
Knoxville, Tennessee Divorce, Matrimonial and Family Law Attorney
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Women Are Divorcing — And Finally Finding Happiness
But being divorced must be lonely, women say. Aren’t I lonely?
Here is the truth: I have never been lonelier than I was when I was on the inside of a miserable marriage.
This article by Lyz Lynz in The Washington Post may interest my readers.
Women Are Divorcing — And Finally Finding Happiness
When we talk about the beginning of the end of a marriage, there is rarely just one moment that breaks everything apart. There are often several stressors, some small, some large, all building to the day that everything shatters.
In spring 2016 — 11 years into my…
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Court Unanimous on Denial of Order of Protection but Divided on Mootness in Bristol, Tennessee: Schanzenbach v. Skeen
When can an order of protection be issued in Tennessee?
Facts: Protester frequented an abortion clinic where she would try to speak with women entering the clinic, including the use of a “small amplifier” to share her beliefs. Counter Protesters also frequented the clinic to offer support to those entering the clinic.
Protester and Counter Protesters had several encounters that led Protester to petition for an order of protection prohibiting Counter…
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Marital Dissolution Agreement Challenged in Springfield, Tennessee Divorce: Remus v. Nunn
When can a marital dissolution agreement be changed after a Tennessee divorce?
Facts: Husband and Wife signed a marital dissolution agreement (“MDA”) that required Husband to pay certain of Wife’s expenses, such as the mortgage, utilities, car payment, etc., as rehabilitative alimony until their child graduated from high school. After their child’s high school graduation, Wife would receive $1646 from Husband’s military retired pay. The agreement further provides: “Should…
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Gag Order Challenged in Franklin, Tennessee Contempt Case: Malone v. Rose
When can Tennessee court infringe on someone's freedom of speech?
Facts: Father was involved in a legal dispute with Maternal Grandparents about 11-year-old Child. Father was found guilty of criminal contempt. At the hearing to set Father’s bail pending an appeal, Father’s father—Child’s paternal grandfather—testified as a witness.
The trial court admonished Paternal Grandfather not to discuss the case with Child. The trial court was concerned because Paternal…
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Standing to Establish Paternity and Grandparent Visitation Questioned in Alamo, Tennessee: In re Christopher R.
Who has standing to establish paternity in Tennessee?
Facts: Mother was married to her husband when Child was conceived and born. However, when Child was conceived, Mother and her husband were temporarily separated, and Mother engaged in a romantic relationship with Putative Father. That relationship lasted until Putative Father was arrested and began a prison sentence.
Shirley is Putative Father’s grandmother. She alleges that Putative Father is…
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How to Find the Right Couples Therapist
Going to counseling with your partner can strengthen, or even save, your relationship. But first you need to pick a therapist. Here’s how to search for one and decide if they’re a good match.
This article by Catherine Pearson in The New York Times may interest my readers.
How to Find the Right Couples Therapist
Going to counseling with your partner can strengthen, or even save, your relationship. But first you need to pick a therapist. Here’s how to search for one and decide if they’re a good match.
By the time they walk into Kiaundra Jackson’s office for their first therapy…
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Property Classification Disputed in Murfreesboro, Tennessee Divorce: Tate v. Tate
When can separate property become marital property in a Tennessee divorce?
Facts: The day after the parties married, Husband closed on purchasing a property where the parties lived throughout their two-year marriage. This is known as the Wade Springs property.
To make the down payment on the Wade Springs property, Husband obtained a HELOC on his existing home. Both the sales contract and warranty deed for the Wade Springs property were in Husband’s name only. Also, the…
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Voluntary Dismissal with Prejudice Questioned in Nashville, Tennessee: J.E.T., Inc. v. Hasty
When can a lawsuit be voluntarily dismissed and not be refiled in Tennessee?
Facts: While this isn’t a family-law case, it involves a procedural issue of interest to all civil litigators, including those of us who practice family law.
Landlord leased commercial space to Tenant. After the property was damaged by tornadoes, Tenant was asked to vacate temporarily so repairs could be made. Later, Landlord sought to terminate the lease, citing a provision allowing termination…
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Property Valuation Reversed in Murfreesboro, Tennessee Divorce: Duffer v. Duffer
When must marital property be valued in a Tennessee divorce?
Facts: Husband and Wife divorced after seven years of marriage.
In January 2020, the trial court continued the trial, ordered Husband to submit to a psychological evaluation, declared the parties divorced, and reserved all other matters for trial.
The trial took place over three days in May 2021. The final judgment of divorce was entered in July 2021.
As for the value of the marital residence,…
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Ability to Pay Alimony Challenged in Jackson, Tennessee Divorce: Pallekonda v. Pallekonda
When can an alimony obligor be found to be voluntarily underemployed in Tennessee?
Facts: Husband and Wife divorced after 20 years of marriage.
Throughout the marriage, Husband worked as a physician with board certifications in anesthesiology, internal medicine, and critical care medicine. Wife was mainly a homemaker and stay at home parent for the parties’ children.
Husband usually earned around $600,000 per year.
While the divorce was pending, Husband was asked to leave…
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Tennesseans Most Interested in Divorce in U.S., Study Says
A new study shows Tennesseans are looking to end their marriages more than any other Americans.
This article by Daniel Smithson at WSMV got some attention recently.
Tennesseans Most Interested in Divorce in U.S., Study Says
Tennessee residents Google searched “divorce” more than any other Americans, the study says.
A new study shows Tennesseans are looking to end their marriages more than any other Americans.
National law firm Schmidt & Clark analyzed more than 300,000 Google searches…
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Reconciliation Agreement Scrutinized in Chattanooga, Tennessee Divorce: Burks v. Burks
When can a unilateral reconciliation agreement be enforced in a Tennessee divorce?
Facts: Husband and Wife divorced after 25 years of marriage.
Wife’s complaint for divorce was dormant for two years while they tried to reconcile. Acting on a suggestion by their marriage therapist, Husband drafted and gave Wife a handwritten reconciliation agreement in an effort to salvage the marriage. The document read:
To Whom it May Concern:
It being [my] sole desire to reconcile my…
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Criminal Contempt Reversed in Murfreesboro, Tennessee: Lehmann v. Wilson
What must be proven to establish criminal contempt in Tennessee?
Facts: Mother and Father are the never-married parents of Child. When their relationship ended, both sought orders of protection against the other.
Mother received an ex parte order of protection prohibiting Father from contacting Mother and her children “either directly or indirectly, by phone, email, messages, mail, or any other type of communication or contact.”
A subsequent agreed order…
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Modification of Parenting Plan Reversed in Nashville, Tennessee Postdivorce Dispute: Corenswet v. Corenswet
When can a Tennessee court modify a parenting plan?
Facts: Mother and Father are the divorced parents of two children.
Their parenting plan provided for equal time via alternating weeks. As for decision-making, Father had sole decision-making authority over the children’s major decisions about nonemergency healthcare and extracurricular activities, while Mother had sole decision-making authority over the children’s major educational…
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Attorney’s Fee Award Challenged in Jackson, Tennessee Parenting Dispute: Key v. Gonzales
When can attorney's fees be awarded in a Tennessee child-custody dispute?
Facts: Mother and Father, the parents of two children, divorced with a parenting plan.
Three years later, Mother notified Father of her intention to move with the children from Parsons, Tennessee, to Nashville, Tennessee. Father filed a petition in opposition and asked to be designated the primary residential parent.
Shortly thereafter, Father took actions that resulted in a dependency and…
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It's Divorce With Respect Week in Knoxville, Tennessee
Knoxville’s local collaborative divorce group—Divorce Well Knoxville—has joined with other collaborative practice groups across the state and country to observe Divorce With Respect Week.
Knoxville’s local collaborative divorce group—Divorce Well Knoxville—has joined with collaborative practice groups in Memphis and Nashville to observe Divorce With Respect Week.
Knoxville Mayor Kincannon issued this proclamation:
WHEREAS: Divorce Well Knoxville has a long history of encouraging out-of-court dispute resolution with a dedication to helping couples manage their divorce process and…
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Distribution of LLC Assets Disputed in Knoxville, Tennessee Divorce: Sexton v. Sexton
How can LLC property be divided in a Tennessee divorce?
Facts: Husband and Wife were married. During the marriage, Husband bought two pieces of real estate. A few months later, Husband created an LLC and deeded the two pieces of real estate to the LLC.
During his divorce, the trial court found Husband’s interest in the LLC was marital property subject to equitable division.
When equitably dividing the marital estate, the trial court ordered Husband…
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