The Law Office of Steven C. Girsky FindLaw IM Template 2026-09-03T18:01:44Z https://www.queencitylaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1100401/2019/06/cropped-site-identity-32x32.jpg On Behalf of The Law Office of Steven C. Girsky <![CDATA[Distinguishing between marital and separate assets in Tennessee]]> https://www.queencitylaw.com/?p=52278 2026-09-03T18:01:44Z 2026-09-03T15:49:02Z How Tennessee handles property division Tennessee follows an equitable distribution model for dividing marital assets. "Equitable" means fair but not necessarily equal. Courts weigh several factors. This includes the length of the marriage, each spouse's financial contributions and the economic circumstances of both parties.

Assets courts can divide in a divorce

Marital property includes most assets either spouse acquired during the marriage. This covers the following:
  • Income
  • Real estate
  • Retirement accounts
  • Shared debt
The name on a title or account does not determine ownership. If the marriage produced the asset, courts will likely treat it as marital property.

What remains separate property

Not all property is subject to division as some assets belong entirely to one spouse. This typically includes assets owned before the marriage, gifts received individually and inheritances. However, how an asset is used or managed during the marriage can affect its classification.

How separate property can lose its protection

Everyday financial choices can put your separate property at risk. Depositing an inheritance into a joint bank account mixes your separate funds with marital funds. This is a process called commingling. Once those funds blend together, tracing them as separate becomes very difficult. Courts may then treat the entire amount as marital property. The issue is not always about mixing funds. Sometimes it comes down to how property is treated over time. Adding a spouse's name to a home owned before the marriage signals a voluntary shift from separate to shared. Tennessee law refers to this shift as transmutation. Courts often consider the entire asset marital after this point, making it subject to division.

Understanding how financial decisions affect your assets

Property division disputes often stem from a lack of clarity. Taking time to understand what you own, when you acquired it and how both spouses handled it during the marriage can give you a clearer picture. Keeping clear records can also make it easier to distinguish separate property from marital property.]]> On Behalf of The Law Office of Steven C. Girsky <![CDATA[Who files for divorce more often, men or women?]]> https://www.queencitylaw.com/?p=52213 2026-08-24T11:20:07Z 2026-08-24T11:20:07Z What does research say about who starts divorce? A study presented at the American Sociological Association found that women initiated about 69% of divorces among heterosexual couples. Because the research was national, that figure does not represent divorce cases filed specifically in Tennessee. Researchers have suggested several reasons for the difference, but no single reason applies to every marriage. Your own decision may depend on your finances, living arrangements and family circumstances.

Does filing first give you an advantage in Tennessee?

Starting the case lets you list your grounds and requests in the complaint. State law allows several grounds, including irreconcilable differences. However, being the person who files does not mean the court favors you. State courts divide marital property equitably based on statutory factors. Filing first does not entitle you to a larger share of marital property or automatically determine alimony or parenting decisions.

What happens when the divorce case begins?

Tennessee law also provides temporary injunctions during a divorce case that restrict certain actions by both spouses. These rules generally bar either spouse from improperly transferring marital property, canceling certain insurance coverage or moving their children outside the state or more than 50 miles from the marital home without consent or court approval. If you think divorce may be ahead, you can start organizing:
  • Financial and bank records
  • Information about shared property and debts
  • Details about your children’s schedules and expenses
Having these records ready can help you identify issues that may need attention.

Prepare for the financial and parenting issues ahead

Who files first may matter less than how prepared you are once the case begins. Financial records, parenting concerns and requests for temporary relief can all affect what happens early in a divorce. If you are unsure how filing first could affect your circumstances, legal guidance can help you understand the divorce process, identify issues that need attention and prepare for the decisions ahead.]]> On Behalf of The Law Office of Steven C. Girsky <![CDATA[What is the “right of first refusal” in Tennessee custody?]]> https://www.queencitylaw.com/?p=52206 2026-08-13T12:50:28Z 2026-08-13T12:50:28Z All parents who serve in the military or work rotating shifts (like first responders) have one thing in common. If you are one of the many Tennessee parents under these circumstances, your schedule changes without prior notice. This reality can create challenges for co-parents like you who need to arrange childcare custody arrangements.  One of the most significant responsibilities of parents with non-traditional schedules is a certain custody provision. The Right of First Refusal (ROFR) can help reduce conflict and preserve parenting time and rights.

What is an ROFR?

ROFR is a custody provision that requires you to seek specific arrangements under specific circumstances. If you cannot care for your child during your scheduled parenting time, you must contact your co-parent before arranging third-party childcare. This may pose unique challenges for you when your job does not follow a regular 9-5 shift. However, with a well-drafted plan, it may offer more stability for military families and those with irregular schedules. For example, when you are away, a child staying with your co-parent may be safer than leaving them with caregivers.

Is ROFR required in Tennessee?

While Tennessee law does not explicitly mandate an ROFR in your parenting plan, it heavily favors them under a core principle. Tenn. Code Ann. § 36-6-106(a) requires courts to allow you and your co-parent maximum participation possible in your child’s life. Judges may use the Right of First Refusal to fulfill this requirement, according to your child’s best interests. Once your parenting plan contains an ROFR, it holds the power of law. If you violate the provision and hire non-exempt caretakers without offering to your co-parent first, you may face legal consequences.

How to draft an effective ROFR

The most successful ROFR arrangements work for your lifestyle, not against it. You can negotiate certain factors in the arrangement such as exceptions and when ROFR “triggers.” Hashing out responsibilities and ensuring the provision benefits both parents can make caring easier.  If your current order is no longer functional due to busy schedules, you may want to consult with a legal professional. You can more effectively discuss a parenting plan modification that serves your family’s needs.]]> On Behalf of The Law Office of Steven C. Girsky <![CDATA[What if a military transfer makes visitation nearly impossible?]]> https://www.queencitylaw.com/?p=52202 2026-06-08T07:45:15Z 2026-06-08T07:45:15Z Courts can use temporary solutions when distance limits visits When military duties make frequent visits impossible, courts generally look for a workable plan. Courts may adjust parenting schedules to accommodate military service when appropriate. If your visitation schedule no longer fits the transfer, consider these steps:
  • Request a temporary visitation adjustment: If service duties prevent in-person visits, you can ask the court to let a trusted relative spend time with the child during your scheduled periods.
  • Ask to revise the schedule: If you plan to move with the child, you generally need to give the other parent advance notice. If the other parent objects, the court will review the child's best interests.
  • Set regular long-distance contact: Parenting arrangements often include scheduled video or phone calls. A steady routine gives your child a reliable way to hear from you. That contact can matter when in-person visits happen less often.
These adjustments can help preserve the parent-child relationship during periods after a divorce. In Tennessee, when courts review these situations, deployment alone does not determine a child's best interests. It also does not justify a permanent change to parental rights.

Protecting family ties during major transitions

A military relocation can change how you spend time with your child. However, courts often look for ways to preserve the parent-child relationship. To accomplish that, they may need to adjust existing parenting plans and visitation schedules. This process can become complex. An attorney may help draft a parenting agreement that addresses military-specific concerns and establishes clear expectations during a major transition.]]> On Behalf of The Law Office of Steven C. Girsky <![CDATA[How federal law may protect your military family in Tennessee]]> https://www.queencitylaw.com/?p=52196 2026-04-16T09:22:16Z 2026-04-16T08:46:41Z Military life often puts extra pressure on your money, housing and family life. You may deal with divorce, debt or a sudden move because of orders. In these situations, two key federal laws, along with Tennessee laws, may offer important protections. Understanding the Uniformed Services Former Spouses’ Protection Act (USFSPA) and the Servicemembers Civil Relief Act (SCRA) may help you handle these changes with more clarity.

How the SCRA may reduce legal stress?

The SCRA helps protect you from legal problems when military service makes it hard to take care of court matters. If you deploy or get orders that take you far from home, this law may help keep your legal rights in place while you focus on your duties. One major protection is a pause in court cases. If your military duties make it hard for you to appear in a Tennessee civil case, such as a divorce or lawsuit, the court usually must grant an initial 90 day delay once you provide paperwork from your commanding officer. This pause gives you time to focus on your service without losing your place in the case. The SCRA may also offer other protections, including:
  • Interest rate limits: You may be able to reduce certain pre service debt interest rates to 6%
  • Housing protection: Landlords and lenders often must meet stricter rules before moving forward with eviction or foreclosure during your service
  • Lease ending rights: You may be able to end a rental lease without penalty if you get qualifying PCS orders or a deployment of 90 days or more
Taken together, these protections may help you keep your financial and housing situation more stable while your service limits your ability to respond to legal issues.

How the USFSPA may shape your divorce?

When a military marriage ends in Tennessee, retirement pay often becomes one of the most important assets to divide. The USFSPA allows Tennessee courts to treat military retirement pay as part of the marital property, but it does not set a fixed formula for division. A former spouse does not automatically receive a set share of retirement pay. Instead, Tennessee courts look at factors like how long the marriage lasted and aim for a fair division of all marital property, not just one asset. If you are still serving, courts may use what is often called the “Frozen Benefit Rule.” This means the court may base the value of retirement pay on your rank and years of service at the time of divorce, instead of using your future retirement amount. Another key rule is the “10/10 Rule.” If your marriage lasted at least 10 years and overlapped with at least 10 years of military service, the Defense Finance and Accounting Service (DFAS) can send retirement payments directly to your former spouse. If you do not meet this rule, payment usually happens through private arrangements set by the court order.

How Tennessee law may guard your parenting time?

Along with federal law, State law also addresses how military service can affect custody and parenting time. Under  the Tennessee Code, custody changes linked to deployment or military duties are usually meant to be temporary. Courts often expect the original custody plan to restart once your service ends. Tennessee may also let you share your parenting time during deployment. In some cases, you may be able to pass your visitation time to a close family member, such as a grandparent, so your child can keep strong family connections while you are away.

A steady path forward

Legal issues can feel more complicated when military service is involved, but these laws aim to bring more balance during uncertain times. As you look at how the SCRA, USFSPA and Tennessee laws work together, a clearer understanding of your military divorce options may help you feel more prepared for what comes next in your family situation.]]> On Behalf of The Law Office of Steven C. Girsky <![CDATA[Which military branch has the highest divorce rate?]]> https://www.queencitylaw.com/?p=52215 2026-09-01T00:36:35Z 2026-02-04T15:44:23Z data on annual divorce rates rank the Navy highest. In 2024, its estimated active-duty divorce rate was 6.6%.

How the branches compare

The Navy stood well above the other branches in the 2024 DoD data. The Air Force had an estimated divorce rate of 2.9%, while the Marine Corps had a rate of 2.6%. The Space Force rate was 2.1%, and the Army rate was 2.0%. Across every branch, 3.5% of active-duty members divorced in 2024. The Navy’s 2024 rate differed sharply from its 2020 figure. The Navy’s estimated divorce rate rose from 2.6% in 2020 to 6.6% in 2024. The department calculated these figures by comparing marital status records from September 2023 with records from September 2024. It counted members who were married in 2023 but no longer listed as married one year later. The report notes that this group also included a small number of widowed members.

How divorce rates differ by rank

In every service branch, enlisted members had a higher estimated divorce rate than officers in 2024. The widest difference appeared in the Navy. Enlisted Navy members had an estimated divorce rate of 8.0%, while Navy officers had a rate of 1.5%. In the Air Force, enlisted members had a rate of 3.3%, compared with 1.5% for officers. The report does not explain why these differences exist. It only shows how divorce rates varied between enlisted members and officers across the service branches. These rates describe large groups of service members and not individual marriages. Your own family situation may differ from the broader trend.

What the numbers mean for your situation

If you are going through divorce, your own family situation and military service will affect the issues that come up. Matters involving parenting time, benefits or duty assignments may require added planning. Military divorce can also involve rules that do not apply in many civilian cases. Learning how those rules may affect your situation can help you approach the legal process with a clearer sense of what may come next.]]> On Behalf of The Law Office of Steven C. Girsky <![CDATA[Navigating Adoption in Military Families: Unique Challenges and Support Resources]]> https://www.queencitylaw.com/?p=52194 2026-01-30T14:50:20Z 2026-01-30T14:50:20Z Adoption is already a complex process and military life can make it feel even more challenging. In Clarksville, Tennessee, deployments and frequent moves often affect timing and court steps. Understanding these potential issues can help you understand why adoption may take longer in military families.

The effect of military life to adoption timelines

Deployments and permanent station changes can interrupt mandatory home studies and court dates. Judges may pause cases when a service member is unavailable, which can delay steps and significantly stretch timelines. These issues can feel frustrating when the child already lives in your home.

Jurisdiction and legal pauses

Jurisdiction questions arise when your family moves across state lines during an adoption. This is because courts look at where the child lives to determine which state has authority over the case, which can slow progress. Federal law like the Servicemembers Civil Relief Act allow service members to request a 90-day delay if they are unable to attend a hearing.

Stepparent and relative adoptions

Stepparent and relative adoptions are common for military families like yours. These cases may move faster, but only if required consents and background checks stay updated. If you need to move or if your service deploys you, these changes can restart parts of the process.

Common challenges military families face

Adoption steps often overlap with military demands that prolong the process. These issues can lead to repeated filings or extra hearings:
  • Missed court dates due to deployment
  • Home studies expiring after a move
  • Delays in background checks across states
  • Confusion over which court has authority
Each challenge can add time and costs to your adoption journey. Fortunately, military families have access to the following specific offsets:
  • U.S. Department of Defense (DoD) adoption reimbursement benefit: Reimbursement of qualified adoption expenses up to $2,000 per child and maximum $5,000 per year but only for active service members
  • Military adoption leave: Non-chargeable bonding leave up to 12 weeks but subject to service-branch parental leave regulations
  • TRICARE enrollment: Immediate health coverage for adoptees available only if the adoptee is already in your home
If you want to confirm eligibility, limits and necessary documentation, you can speak with your branch's personnel or legal office.

Make the military adoption process easy for everyone involved

Missed deadlines or errors in paperwork can set your case back months or even years. A skilled adoption lawyer can help explain how military service affects timelines and keep your case moving within the rules. The road to becoming a family in the eyes of the law can be long and difficult, but with the right guidance it becomes a journey you do not have to walk alone.]]> On Behalf of The Law Office of Steven C. Girsky <![CDATA[5 instances that may warrant child support modifications]]> https://www.queencitylaw.com/?p=52177 2025-12-12T10:51:57Z 2025-12-12T10:51:57Z Life continues after a court issues a final divorce decree. Tennessee law recognizes that financial or personal situations shift over time. When your current child support order conflicts with reality you may qualify for a modification. The state checks for a significant variance between the existing order and current guidelines.

Involuntary income changes 

A major salary increase or unexpected job loss impacts your payment ability. Tennessee guidelines generally require a 15 percent difference in the calculated support amount to justify a legal change.

Shifts in parenting time 

The days you spend with your child directly influence the calculation. If a parent exercises much more or less visitation than the original order states the court can adjust payments to reflect the actual schedule.

Additional dependents 

A new child changes your financial outlook. The court permits a credit for other qualified children you support in your home. This credit reduces the income available for the existing support calculation.

Evolving needs of the child 

Expenses increase as children grow. New costs for private tuition, necessary medical care or pricey extracurriculars can create a valid reason for the court to recalculate the monthly obligation.

Disability of a parent 

A sudden disability that prevents a parent from working changes the financial picture. The court reviews cases where a parent now relies on disability benefits or faces a long-term medical challenge.

Protecting your child’s future

Going through significant life changes while juggling child support payments can be overwhelming. It involves a lot of rules and complex computations that may need a professional’s insight as a judge will not automatically update the order when your life changes. An experienced attorney can help you with the process of modification and present accurate data so the new order supports your future.]]> On Behalf of The Law Office of Steven C. Girsky <![CDATA[Long-distance co-parenting: how to keep your family connected]]> https://www.queencitylaw.com/?p=52171 2025-10-15T13:03:24Z 2025-10-15T12:56:54Z Use technology to connect Technology closes the gap for long-distance families. Regular video calls let parents and children see each other and share daily news. Parents could also play interactive games online together. They can share digital photos and even have virtual movie nights. These activities create shared experiences. Text messages and emails offer simple ways to send quick hellos or share school wins to prevent feeling out of touch.

Make extended visits a priority

Having frequent and longer visits truly builds and keep strong connections. These visits can happen during school holidays, summer breaks, and alternating special days like birthdays. Make a clear travel plan and decide who pays for trips. Prepare children for moving between homes; this lowers stress. Both parents actively help with these visits, understanding their importance for the child's happiness.

Encourage regular co-parent communication

Good co-parenting is extremely important. Parents must openly discuss their children’s daily lives, school progress, and activities outside of school. Sharing news about health, friends, and growth keeps both parents informed and involved, no matter the location. A united way of raising children, even from far away, gives kids stability and comfort.

Guarding your family’s future

Relocating to another country or state is a big change. Aside from it potentially affecting set custody and parenting plans, it could take a toll on a child’s wellbeing too. A skilled attorney can assist parents in understanding their rights and duties. They can ensure any new parenting plans legally protect the children's best interests. This move creates strong agreements that protect parental roles and children’s overall wellbeing.  ]]> On Behalf of The Law Office of Steven C. Girsky <![CDATA[Traveling internationally with kids after a divorce]]> https://www.queencitylaw.com/?p=52169 2025-08-18T16:13:47Z 2025-08-18T16:13:47Z Traveling abroad with your child after a divorce brings up more than just passports and packing. You also have to consider legal custody, court orders, and parental consent. Tennessee law outlines who has authority over these decisions, but your specific custody agreement plays a big role.

Who keeps the child’s passport after divorce?

If your child already has a passport, the parent who has legal custody typically holds onto it. In Tennessee, legal custody means the right to make major decisions for the child, including travel. If parents share joint legal custody, the court order should say who keeps the passport. If it doesn’t, both parents must agree on who will hold it. The court can also order the passport to be stored with a neutral third party if needed.

Who gives permission for international travel?

International travel usually requires written permission from both parents if they share legal custody. Even if you have primary physical custody, that doesn’t mean you can take your child abroad without consent. Airlines and border agents often ask for a notarized letter from the non-traveling parent approving the trip. If one parent refuses to give consent, the other may need to return to court to request permission.

How do custody orders affect travel?

Your parenting plan matters more than anything. Tennessee requires all divorcing parents to file a Permanent Parenting Plan that covers decision-making authority. If your plan says both parents must agree on travel, then you can’t leave the country without consent. If you have sole decision-making rights for travel, then you may not need approval—but check the court order carefully. Courts may restrict international travel if there’s a risk the child won’t be returned.

Planning ahead helps avoid trouble

If you want to travel internationally with your child, check your custody order first. Make sure you have the right documents and consent before booking anything. Courts treat international travel seriously, and failing to follow the rules can result in legal consequences.]]>