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January 2014 Archives

Dispute about visitation rights leads to shooting in Tennessee

Courts in Tennessee believe in shared parenting and prefer to award joint custody to both parents in the case of a divorce or a separation. In Clarksville County, judges try to reach a fifty-fifty arrangement in a parenting plan whenever possible whereas other county judges prefer to have one primary custodial parent and grant visitation rights to the other. However, these arrangements only apply to cases where the presence of neither parent is detrimental to the best interests of the child.

Are Tennessee dads' rights impeded by old English legal concept?

Given current evidence about the numbers of fathers who are awarded primary or sole custody in the wake of divorce, some legal observers believe a bias rooted in 19th-century English law prevails even today in the United States. Historically, the presumption has been that mothers are more fit to take care of children up to age five or so.

The Captain and Tennille and "gray divorce"

Tennessee's music industry has seen a lot of high-profile divorces, but few have been able to produce anything to rival the Internet buzz that developed recently after reports surfaced that musical duo The Captain & Tennille were planning to end their 39-year marriage. Though it has been decades since the duo had much of a public profile, they are best remembered for their 1975 No. 1 hit "Love Will Keep Us Together". Few commenting on the news could resist pointing out the irony in that song title.

Family court awards child custody to Indian tribe

People in Montgomery, Tennessee, may have heard stories regarding disputes over the custody of a child, fought between the two parents, one of whom is a Native American tribal member. Recognized tribes in the United States exist as sovereign nations and have their own framework for various criminal and civil matters. A recent family court ruling demonstrated this sovereignty in a family law matter.

Father jailed for not knowing child support terms

One of the most important parental duties is to provide the financial support necessary to successfully care for the parent's child. If parents are separated or facing a divorce, one of the parents may be given child custody while the other will ordinarily pay child support. Even if that parent is more than willing to pay the necessary support, he or she will still have to navigate the complexities of the legal terms of the relevant court order along with the applicable Tennessee laws.

2014 divorces in TN can raise complex asset division questions

Tennessee residents may be interested to hear that a study of recent reports revealed that the year 2014 is likely to bring with it an increased number of divorces across the United States. A CNBC report has referred to the so-called "business of divorce" and has indicated that the revival of the stock market may cause a gradual shift of focus of property division from division of debts to division of assets. Given the recovering housing market, property settlements may also prove trickier than before.

Guard against financial threats during a divorce

As most Tennessee residents are likely aware, divorce is rarely if ever an idyllic situation. Fighting and shouting matches may ensue, and threats spouses make against each other only further confirm that a couple's differences are irreconcilable and a divorce is, in fact, necessary. Sometimes, these threats are emotional abuse; other times, they stray into financial territory, in which case there are steps spouses can take to shield themselves from any financially damaging actions the threatening spouse may attempt to take.

Lack of prenuptial agreement increases property division anxiety

An unfortunate truth in landscape of love is that it can end in a much more messy fashion than how it began. While no Tennessee residents ostensibly enter a marriage with that type of end (or any) in mind, the legal rigors of a divorce can unleash a deluge of stress on an individual in many different ways, one of which being property division between spouses. While it may be an uncomfortable topic to broach in the early stages of a budding marriage, a prenuptial agreement can serve as a major source of comfort should there be an unfortunate break. A stressful situation one celebrity is reportedly experiencing firsthand.

Military Divorce among women down but not out yet

For Tennessee armed forces personnel, an irretrievable breakdown of their marriage can be just as distressing as for their fellow civilians. While a military divorce may not always be more complicated than a civilian one, there are still a set of separate laws and regulations that govern such divorces, including regulatory compliance, procedural service, residency requirements and the division of military allowance and military benefits.

Tennessee Court directs musician to provide child support

When a marriage ends, both parties suffer from a considerable degree of distress and trauma at the irretrievable breakdown of their relationship. The situation becomes even more acute if the marriage has produced children and a dispute arises around issues such as primary child custody and child support. In addition, if one or both parents are celebrities or considerably well-off their custody dispute can become even more complex.

The Law Office of Steven C. Girsky
503 Madison St.
Clarksville, TN 37040

Toll Free: 888-358-4290
Phone: 931-266-4689
Fax: 931-552-7188
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