The Law Office of Steven C. Girsky FindLaw IM Template 2026-06-08T07:45:15Z 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[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[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.]]> On Behalf of The Law Office of Steven C. Girsky <![CDATA[Custody laws for military divorce: How to maintain parenting time during separation]]> https://www.queencitylaw.com/?p=52132 2025-06-16T15:43:50Z 2025-06-16T15:43:50Z Divorce is a complicated process for any family, but military families face unique challenges when it comes to child custody. If you're a service member or a spouse in the military, understanding how military custody laws work can help you maintain a stable relationship with your children during a separation. Let's dive into how military-specific issues affect custody arrangements and what you can do to ensure your parenting time is respected.

How does military service impact custody agreements?

Military service can create unique hurdles when it comes to creating custody agreements. Frequent relocations, long deployments, and unpredictable schedules can make it hard to set a consistent routine for your children. However, the courts recognize these challenges and take them into account when determining custody arrangements. In many cases, military parents can negotiate a flexible plan that allows both parents to maintain a significant role in their children's lives despite the challenges posed by military service.

How can you maintain parenting time during separation?

Maintaining parenting time during a military separation often requires creativity and flexibility. If you're deployed or stationed far away, it might be difficult to see your children regularly. However, there are ways to make the most of your time together. Utilize digital communication tools like video calls to stay connected, and make sure to prioritize quality time when you can be physically present. If you’re relocating, discuss possible visitation schedules and travel arrangements with your co-parent to find a plan that works for everyone involved.

What should you consider when drafting a parenting plan?

When drafting a parenting plan during a military divorce, it’s essential to consider your deployment schedule, potential relocations, and the emotional well-being of your children. Both parents should work together to create a plan that minimizes disruptions for the children and allows for ample time with both parents. It’s also helpful to keep lines of communication open and be ready to adjust the plan as circumstances change. Understanding custody laws for military divorce and how to maintain parenting time can help you navigate the separation process more effectively. Be proactive, flexible, and ensure your child’s best interests remain a top priority, even during difficult times.]]> On Behalf of The Law Office of Steven C. Girsky <![CDATA[Understanding military retirement rights in divorce]]> https://www.queencitylaw.com/?p=52097 2025-05-01T19:07:51Z 2025-05-01T19:07:51Z Military divorce cases involve complex rules for dividing assets, particularly military pensions. You need to understand how the divorce process handles these pensions. Different federal laws complicate knowing your rights. Here’s a breakdown of military retirement rights during divorce.

The basics of military pensions

Military retirement pay counts as a marital asset in divorce, just like any other pension. The Uniformed Services Former Spouses' Protection Act (USFSPA) allows state courts to divide military retirement pay during divorce. You might be entitled to a portion of the service member’s pension, depending on the length of your marriage and how long the service member served.

The 10/10 rule explained

To qualify for direct payments from the Defense Finance and Accounting Service (DFAS), the marriage must last at least 10 years, and the service member must serve at least 10 years of active duty. This rule determines whether you can receive direct payments from the military pension, bypassing the service member.

Military pensions and state laws

Federal law governs military pensions, but state laws in Tennessee and Kentucky affect how the pension divides. In Tennessee, the state follows an equitable distribution model, which means the court divides marital property based on fairness rather than equality. Kentucky also uses equitable distribution, but courts consider factors such as the length of the marriage and the financial situation of both spouses. These state laws influence how the military pension divides, potentially leading to different outcomes depending on where the divorce occurs.

Protecting your military pension in divorce

If you’re the service member, you must understand laws that protect your military pension. You can reduce the portion your ex-spouse receives through negotiation or in court, depending on your state’s laws. A strong financial plan can protect your retirement future. Military retirement pay is a major asset in divorce cases. Understanding the rules and your rights ensures a fair division of property. Make sure you understand all the legal options during the process.]]> On Behalf of The Law Office of Steven C. Girsky <![CDATA[What are grounds for divorce in Tennessee?]]> https://www.queencitylaw.com/?p=52006 2025-02-26T16:59:10Z 2025-02-26T16:59:10Z Divorce laws vary by state, and Tennessee has specific legal reasons, known as grounds, that a court must recognize before granting a divorce. Understanding these grounds can help individuals navigate the process and determine the right path forward.

No-fault grounds for divorce

Tennessee allows for a no-fault divorce based on irreconcilable differences. This means that neither spouse needs to prove wrongdoing, only that the marriage is beyond repair. Another no-fault option applies when spouses have lived separately for at least two years without cohabitation and do not have minor children.

Fault-based grounds for divorce

Fault-based divorce requires proof that one spouse engaged in behavior that legally justifies ending the marriage. Tennessee law recognizes several fault-based grounds.

Adultery

If a spouse engages in a sexual relationship with someone outside the marriage, the other spouse may file for divorce on the grounds of adultery. Proof of the affair is necessary for the court to grant a divorce under this reason.

Cruel and inhuman treatment

Physical or emotional abuse that makes living together unsafe or unbearable qualifies as cruel and inhuman treatment. This can include physical violence, verbal abuse, or other harmful actions.

Abandonment or desertion

If one spouse leaves the other without a valid reason for at least one year, this can be considered desertion. The court may grant a divorce if the abandoned spouse did not consent to the separation.

Conviction of a crime

A spouse convicted of a felony and sentenced to prison can be grounds for divorce. The conviction must involve a crime serious enough to warrant a prison sentence.

Habitual substance abuse

Excessive alcohol or drug use that negatively impacts the marriage can be a reason for divorce. The spouse filing must prove that the addiction is ongoing and affects their well-being.

Bigamy

If a spouse is already married to someone else at the time of the marriage, the union is legally invalid, and the court can grant a divorce. Understanding Tennessee’s divorce laws is essential for protecting legal rights. Being informed about the legal process and available options can help ensure a fair outcome based on the circumstances of the marriage.]]> On Behalf of The Law Office of Steven C. Girsky <![CDATA[How does divorce impact 401k and other retirement savings in TN?]]> https://www.queencitylaw.com/?p=51979 2025-01-02T17:51:29Z 2025-01-02T17:51:29Z Divorce can bring major life changes, especially when it involves dividing retirement savings. Tennessee courts treat certain retirement accounts, such as 401(k) plans, IRAs, and pensions, as marital property. Having a clear understanding of the laws can help individuals protect their financial future during this challenging time.

Understanding what marital property is

Tennessee follows the principle of equitable distribution. Courts do not always split marital property evenly, but they do strive for fairness. Most assets and contributions gained during the marriage, including those made to retirement accounts, fall under marital property and can be divided. Contributions made before the marriage typically remain separate property and often stay with the spouse who owned them before the wedding.

Dividing 401(k) and other retirement accounts

Courts review several factors when dividing retirement accounts. These factors include each spouse’s contributions, the length of the marriage, and both spouses’ financial circumstances. Sometimes, one spouse may receive a portion of the other spouse’s 401(k) or IRA.  Another option involves offsetting retirement funds with other assets. For instance, one spouse may keep the entire 401(k) while the other spouse receives a similar value in real estate or other property. 

Filing QDROs 

A qualified domestic relations order allows a retirement plan administrator to create a separate account for the spouse who is receiving part of the retirement funds. This important document details the exact amount each spouse gets. It also helps avoid tax penalties for early withdrawal when the plan administrator transfers funds. 

Planning for a stable future

When you work hard for your retirement, you naturally want to protect the savings you have built over the years. Making a balanced plan that respects each spouse’s contributions, while also addressing the unique needs of the future, allows each person to leave the marriage with more financial security.]]>