Introduction
Welcome to our web site. We are thankful for your interest in Tennessee Family
Law and our Law Offices. Please remember that the information on this site is
general in nature. It is designed to give you, the reader, some general
information. This web site does not create an attorney client relationship between
you and our attorneys. It does provide information that is so general in nature that
it is not designed to give you legal advice as to any specific legal situation.
However, if you desire specific information that relates to your case, we are happy
to provide free initial interviews. In those interviews, Irene Haude, a lawyer
licensed to practice in Tennessee since 1986, will meet you personally. Irene is
not certified as a specialist in any area of the law. Irene has been practicing family
law since 1988, when she joined this law office, which is an Association of
Attorneys.
Irene Haude is a Tennessee attorney who graduated from Case Western Reserve
University in 1986. She is not certified as a specialist in any area of Tennessee
law, but has been practicing family law since 1988, two years after she was
licensed to practice law. She is a member of the Nashville, Tennessee and
American Bar Associations. Irene is a divorced mother of three who attends a
Methodist Church and lives in White Bluff (Cheatham County Side) Tennessee.
She handles cases in the middle Tennessee area, including but not limited to
Davidson, Cheatham, Dickson, Humphreys, Robertson, Rutherford and Stewart
Counties. Irene realizes that most of her clients only have one legal case at a time
and, to that client, that is the most important case in the world. It is her job to tend
to it to the best of her ability. Thus, she makes available to her clients not only her
work telephone number, but also her home and cell telephone numbers.
Divorce
Divorce can be a very stressful time in your life. In many cases, you are on an
emotional roller coaster, and so is your spouse. Children may get caught in the
middle. One way to address the stress is by having general information available
to you of what to expect. If you know what you are facing, it often is easier to cope
with it because one cause of stress, the fear of the unknown, is reduced. In
addition, it helps to know what a lawyer can and cannot do for you. To deal with
the divorce process, the lawyer can help you through the legal system, ensure that
your papers are properly and timely filed in the right place and represent you at
any needed hearings or other proceedings. A lawyer can help you set and reach
realistic goals and can answer your legal questions. A lawyer also can refer you to
other professionals, such as mediators.
link to mediators/mediation
Mediation is a process in which the parties to a case, for example the husband and
wife in a divorce case, meet with a neutral professional called a mediator. Most
mediators are certified, meaning that they have mediation specific training to a
level specified by the state. Tennessee certifies both mediators and family law
mediators. When the parties meet with the mediator, they can have their attorney
(s) present, but most mediators do not require the presence of attorneys at all
mediations. The goal of a mediator is to help the parties come to a settlement that
is mutually acceptable. If you are going through a divorce case and have children,
mediation is required in most cases if you cannot agree on a parenting plan. A
lawyer can tell you whether mediation would be required or an appropriate dispute
resolution process in your case. (end link)
A lawyer cannot solve all of your divorce related problems. For example, often
money problems are one of the reasons couples are divorcing. While already
financially strained, they go from one household to two households. Often, the
couple finds that that increases the expenses. In addition often the stress related
to a divorce reduces income or prevents a large increase in income just as
expenses are increasing. A lawyer may be able to refer you to a bankruptcy
lawyer or to a financial counselor, but the lawyer cannot create more income for
you. In addition, some people experience so much divorce related stress that they
or their children would benefit from counseling. While the lawyers in this office will
empathize with your stress, we are not qualified as psychological counselors for
our clients or their children.
Divorce
There are three common ways to obtain a divorce in Tennessee: by Marital
Dissolution Agreement entered into as part of an irreconcilable differences
divorce, by stipulation, or by court order after trial.
A Marital Dissolution Agreement is an agreement of the parties that settles all the
terms of their divorce. It is subject to court approval and has to be fair and
equitable and subject to the divorce court incorporating the Marital Dissolution
Agreement into a final divorce decree. Often, if the parties say the agreement is
fair and equitable, the court will accept their representation, but some judges will
look into the agreement under certain circumstances to make sure it is reasonably
fair. Ask your lawyer about the specifics of your case.
There is a 60 day waiting period for this type of divorce if you do not have minor
children. If you have minor children, the waiting period is 90 days. Link to
parenting plan divorces and sample parenting plan below The waiting period
starts to run on the day the divorce complaint, which is the initial document starting
the divorce process, is filed with the Court. If the parties have an agreement in the
beginning of the case, then the divorce complaint and the Marital Dissolution
Agreement often are filed at the same time. If the parties have not reached a
settlement agreement incorporated into a Marital Dissolution Agreement when the
divorce complaint is filed, they may reach such an agreement at any time prior to
the trial court ruling on the case. If they reach such an agreement they can finalize
the divorce by seeking court approval of the agreement and incorporation into a
final decree of divorce.
The Marital Dissolution Agreement should address all issues between the parties
including asset and debt division, insurance matters and support obligations that
may continue after the divorce. Certain assets such as pension plans and profit
sharing plans and other employee benefits may be subject to division in a divorce.
Normally only that portion of the benefits which accrued during the marriage is
subject to division. If your case involves such issues, please contact a lawyer for
legal advice.
Often, it is important to address real property, such as the marital home in the
Marital Dissolution Agreement. If the house is sold, the Marital Dissolution
Agreement should specify who pays for what until the house is sold, what
obligations the spouse who has possession of the house pending the sale has to
ensure a quick and financially reasonable sale. It also should address how any
sales proceeds or deficiencies are to be handled.
Link to ouch
For example, Mr. Husband and Mrs. Wife are divorcing. In the past, Husband has
done the yard work and Wife has maintained the inside of the home. Divorcing
spouse has decided that after a thirty year marriage, the other spouse is just too
boring. A new love, 30 years younger than the current spouse, has entered
divorcing spouse's life. Divorcing spouse takes up bungee jumping and sky
diving. Divorcing spouse is ever so grateful, in divorcing spouse's mind, that other
spouse is reasonable and not seething inside. Seething spouse is amazed at
divorcing spouse's inability to see the anger and pain in seething spouse. After 30
years, how could divorcing spouse be so oblivious? Both spouses have good
lawyers and reached a fair settlement. The settlement is probably somewhat more
favorable to seething spouse than seething spouse would obtain at trial. Divorcing
spouse agrees to it out of a combination of guilt and a desire to be divorced to
contemplate remarriage. One of the terms of the divorce is that the house should
be sold by ABC Realtor at a listing price of $xyz. If the house is not sold within 6
months, the parties will renegotiate the listing price in good faith. Divorcing spouse
will vacate the home giving seething spouse sole possession of the home until the
sale. Divorcing spouse will pay the first, second and third mortgage, maintain the
outside of the home or hire someone to do it, and will not interfere with the quiet
possession of Seething spouse. Divorcing spouse immediately hires yard care
company in order to go on a three week Hawaii trip with paramour. Nothing else is
agreed to in the divorce settlement with regard to the house.
ABC company has three potential buyers for the property. The first possible
buyer wants to relocate to this community and will only be in town on the first,
second and third day of the month. ABC calls Seething Spouse 5 days before
arrival of potential buyer in town. Seething Spouse returns the calls of ABC one
day after potential buyer returns home and 12 hours after he purchased another
home from ABC's listings.
Buyer two is local and has a very flexible schedule. After 3 weeks of unsuccessful
phone tag between Seething Spouse and ABC, in part because Seething Spouse
returned telephone calls after business hours, a showing of the house is
arranged. ABC and potential buyer appear; Seething Spouse is not there. Two
hours after they leave, Seething Spouse calls and apologizes, blaming the delay
on traffic problems. They reschedule the showing, but due to Seething Spouse's
busy schedule, it has to be at least two weeks off.
The showing takes place two weeks later, ABC and potential buyer come to the
home. The yard looks great, except for 8 pink penguins and 5 blue flamingos in
the yard. When they enter the house, Seething Spouse graciously welcomes
them, asking them to step over the bug spray bottles, with which Seething Spouse
has been treating the home. As they step over ant and roach spray, they almost
trip over the dirty laundry piled knee deep from the front door to the laundry room.
The kitty litter has not been changed, someone just cooked cabbage, and the
home is a filthy mess with dirty dishes covering the sink, counter and dining table.
Potential buyer flees after 5 minutes.
Potential Buyer 3 makes a very low offer. Divorcing spouse, returning broke from
Hawaii and wishing the Divorce Settlement had been more specific as to Seething
Spouse's sales-related obligations, wants to take the offer. Seething Spouse
refuses, but agrees to negotiate in good faith over a price reduction. Divorcing
spouse saves up for additional attorney fees to take case back to court. (end ouch
link)
If the house is not to be sold at present, the payment and maintenance obligations
of the parties should be addressed. It also is very important to address
refinancing a joint mortgage if one party is to keep the home for a period of time. If
the joint mortgage is not refinanced in the name of one spouse, then the mortgage
holder (bank) can sue anyone originally obligated under the mortgage even if the
parties are divorced and the court ordered one party to pay the mortgage. For
example, if Mr. Husband and Mrs. Wife jointly buy a home and are jointly obligated
on the mortgage on January 1 of year Happy Time and they divorce two years
later, any agreement they make with each other does not bind third parties such
as the bank. If Mr. Husband agrees to let Mrs. Wife keep the house and Mrs. Wife
agrees to pay the mortgage and hold Mr. Husband harmless from it, they have an
agreement that binds the two of them. If Mrs. Wife loses her job, becomes very ill,
uses up all her financial resources and does not pay the mortgage, the bank
probably will sue Mrs. Wife and Mr. (Ex)Husband. The bank is likely to get a
judgment against both former spouses and will seek to collect from the former
spouse who has income and/or assets. If the bank collects from Husband, he can
sue Wife under the indemnification/hold harmless clause of their agreement. But
how likely do you think he is to be able to collect?
Courts in different counties have different requirements as to whether an
irreconcilable differences divorce will be granted without a court appearance by
either party. In some counties, the divorce can be accomplished without a
personal appearance of either party if neither party desires to appear. In other
counties, at least one party has to appear in court.
If a divorce complaint is filed that alleges only irreconcilable differences, no
automatic restraining order kicks in binding the parties. If a divorce complaint
alleges divorce grounds other than irreconcilable differences, either exclusively or
combined with irreconcilable differences, an automatic restraining order should
issue. A restraining order is an order of the court that both of the parties have to
comply with unless or until the order is modified. If they fail to comply with the
order, they can be punished by civil or criminal contempt and can face severe
court sanctions for disobeying the court order. The spouse filing the complaint for
divorce is bound by the mutual restraining order as of the filing of the divorce
complaint. This fact opens the door to pre-filing issues. A spouse being sued is
bound by the restraining order as of when the spouse is served.
Link to mutual restraining order
TEMPORARY INJUNCTION
1. Both parties in this matter are hereby enjoined and restrained from transferring,
assigning, borrowing against, concealing or in any way dissipating or disposing,
without the consent of the other party or an order of the Court, of any marital
property. Nothing herein is intended to preclude either of the parties from seeking
broader injunctive relief from the court.
Expenditures from current income to maintain the marital standard of living and the
usual and ordinary costs of operating a business are not restricted by this
injunction. Each party shall maintain records of all expenditures, copies of which
shall be available to the other party upon request.
2. Both parties are hereby enjoined and restrained from voluntarily canceling,
modifying, terminating, assigning or allowing to lapse for nonpayment of premiums,
any insurance policy, including, but not limited to, life, health, disability,
homeowners, renters and automobile, where such insurance policy provides
coverage to either of the parties or the children, or that names either of the parties
or the children as beneficiaries without the consent of the other party or an order
of the Court. “Modifying” includes any change in beneficiary status.
3. Both parties are hereby enjoined and restrained from harassing, threatening,
assaulting or abusing the other and from making disparaging remarks about the
other to or in the presence of any children of the parties or to either party’s
employer.
4. Both parties are hereby enjoined and restrained from relocating any children of
the parties outside the state of Tennessee, or more than one-hundred (100) miles
from the marital home, without the permission of the other party or an order of the
Court, except in the case of a removal based upon a well-founded fear of physical
abuse against either the fleeing parent or the child. In such cases, upon request
of the nonrelocating parent, the Court will conduct an expedited hearing, by phone
conference if appropriate, to determine the reasonableness of the relocation and
to make such other orders as appropriate.
Nothing in this Injunction shall preclude either party from applying to the Court for
further temporary orders, an expanded temporary injunction, or modification or
revocation of this temporary injunction.
end link
At any time after the divorce complaint is filed, the parties can seek an
irreconcilable differences divorce if they allege that divorce ground in the initial
complaint or later amend the complaint or any countercomplaint to allege that
ground. Most lawyers will allege irreconcilable differences as a divorce ground in
complaints and countercomplaints to permit settlement without having to amend
the court papers. A countercomplaint is the legal document filed by the spouse
being sued for a divorce if that spouse also want to make a claim for divorce or
other relief to the court.
If the parties cannot agree on some or all issues, then the court will make the
decision for them after it hears the proof put on by each side. Sometimes, the
parties decide that they cannot agree on debt division or some similar property
division. Yet they agree that there should be a divorce and that the marriage is
over because both of the parties have done things that are improper. In that case,
the parties can stipulate to a divorce and have the judge decide only the issues
that are subject to dispute. This approach may or may not be advisable in your
case. Thus, please seek legal advice. In some cases, such a stipulated divorce
can cut down on trial time, costs and attorney fees. In other cases, such a
stipulation could limit the proof in a way that is not in your best interest. Only you
and your lawyer can make a decision on whether to stipulate to a divorce.
Have you ever been in a room with a person on a rainy Thursday morning at 11:00
a.m. only to realize that the other person and you cannot agree on anything, not
even the fact that you are in a room together on a rainy Thursday morning? If you
and your divorcing spouse are in this situation, you are likely to face a trial. In a
trial, usually the judge, but in rare cases a jury, will make factual determinations.
The judge then will rule on the case and decide for you, so to speak. Only you
and your lawyer can decide if your case needs to go to trial. There are some
factors that you are more suited to evaluate. For example, how much is the finality
and peace of mind of not going to trial worth to you? Your lawyer will be able to
help you evaluate the legal benefits and disadvantages of going to trial. But the
lawyer works for you. Ultimately, it is your decision. Link to ultimately it is your
decision.
Ultimately it is your decision
For example, if Husband and Wife have been married 40 years, they have
$4,000,000 in assets, no debts and no minor children, the lawyer may want to look
at any settlement offer on the table in deciding whether to recommend trial. If the
last offer on the table is that one spouse get 3,999,500 in assets while the other
spouse gets $500 and both parties are healthy and make equal amounts of
money, what do you think the lawyer would advise? What if the client who is a
competent adult disagreed? End of ultimately it is your decision
Several general phases of trial preparation occur in a divorce case. Usually, trial
preparation starts shortly after the divorce case is filed. This is true because
certain information has to be exchanged before a lawyer and client can make
decisions such as whether to settle the case or go to trial. Normally, the first step
is written discovery. Written discovery consists or written questions that each party
has to answer under oath and requests for production, which seek the exchange
of documents such as cell phone records and bank statements. Sometimes,
requests to admit also are served. These requests to admit should be answered
in a timely manner because if they are not, they usually are "deemed" admitted. If
you are served requests to admit, seek legal advice immediately.
After written discovery is complete, normally the attorney and client meet to review
it, to prepare for depositions and to determine the need and feasibility of hiring an
expert.
Depositions are statements under oath, made in the presence of a court reporter
who records everything that is said. Parties and other witnesses can be deposed.
For example, in divorce cases often experts and any paramour of a spouse will be
deposed. Prior to giving a deposition, you should talk to your attorney about what
to expect.
While certain aspects of divorce remain the same regardless of the parties'
circumstances, other aspects change depending on whether you and your spouse
have children with each other that require a parenting plan as part of the divorce
case.
Link to Divorce without children of both parties under 18/graduated or emancipated
This section of the website will address situations in which no parenting plan is
needed. No parenting plan is needed if you and your spouse do not have any
children (natural or adopted) with each other or if any children you have with each
other no longer are subject to child support obligations/visitation/custody
requirements. A lawyer can tell you if the children still are subject to a child
support obligations/visitation/custody requirements. Generally, if the child is 18,
has graduated from high school or the child's class has graduated, the child
support obligation terminates. A normal 18 year old is an adult free of being
subject to his or her parents’ custody claims. But there are exceptions, so please
seek legal advice. For example, the support obligation of a disabled child
continues after age 18. For example, if Mr. and Mrs. Spouse married in 1984, had
a severely handicapped child in 1986 who never will be able to care for himself or
work, and divorce in 2004 after the child is 18 years old, the child support
obligation could continue.
If no parenting plan is needed, the most common issues addressed in the divorce
are asset division, debt division, insurance obligations and ongoing support
obligations.
Link to Divorce with a parenting plan requirement
A parenting plan is needed as part of the divorce process if the parties have minor
children subject to the parenting plan requirement. If you have minor children,
normally they would be subject to a parenting plan, but there are exceptions, so
please consult a lawyer. For example, if your children are subject to the
jurisdiction of another court, that court may retain jurisdiction of them and no
parenting plan is required.
If your divorce case requires a parenting plan, it may help you to understand one
of the theoretical bases for a parenting plan requirement. The goal is that a
parenting plan will reduce the parents’ return to court. In theory, if on Labor Day
Weekend 6 years after the divorce, the parents cannot agree whether the child will
attend the party at the maternal aunt's home or the paternal uncle's home, they
can look at the plan and find the answer.
form parenting plan
IN THE ______________ COURT OF ________ COUNTY TENNESSEE
) Case No. __________
_______________________________ )
FATHER/MOTHER ) PARENTING PLAN
) [ ] Proposed (PPP)
) [ ] Temporary (PPT)
_____________________________ ) [ ] Final Order (PP)
FATHER/MOTHER )
PARENTING PLAN
This Parenting Plan is :
[ ] the final parenting plan signed by the court pursuant to a decree of
dissolution entered on _______________________.
[ ] the final parenting plan signed by the court pursuant to a decree of
dissolution entered on _______________________ which modifies a previous
parenting plan or custody decree.
[ ] a temporary parenting plan signed by the court.
[ ] proposed by _____________________________.
I. GENERAL INFORMATION
This parenting plan applies to the following children:
Name Birthdate
_______________________________________
________________________
_______________________________________
________________________
_______________________________________
________________________
II. RESIDENTIAL SCHEDULE
These provisions set forth where the child(ren) shall reside each day of the year
and what contact the child(ren) shall have with each parent.
2.1 PRE-SCHOOL SCHEDULE.
[ ] There are no children of preschool age.
[ ] Prior to enrollment in school, the child(ren) shall reside with the [ ]
mother [ ] father, except for the following days and times when the
child(ren) will reside with or be with the other parent:
From:_____________________________ to ____________________________
(Day/Time) (Day/Time)
[ ] every week
[ ] every other week
[ ] the first and third week of the month.
[ ] the second and fourth week of the month
[ ] other: _______________________
and from:___________________________ to ____________________________
(Day/Time) (Day/Time)
[ ] every week
[ ] every other week
[ ] the first and third week of the month.
[ ] the second and fourth week of the month
[ ] other: _______________________
2.2 SCHOOL SCHEDULE.
Upon enrollment in school, the child(ren) shall reside with the [ ] mother [ ]
father, except for the following days and times when the child(ren) will reside
with or be with the other parent:
From:_____________________________ to _____________________________
(Day/Time) (Day/Time)
[ ] every week
[ ] every other week
[ ] the first and third week of the month.
[ ] the second and fourth week of the month
[ ] other: ________________________
and from:__________________________ to _____________________________
(Day/Time) (Day/Time)
[ ] every week
[ ] every other week
[ ] the first and third week of the month.
[ ] the second and fourth week of the month
[ ] other: ________________________
[ ] The school schedule will start when each child begins
[ ] kindergarten [ ] first grade [ ]other: ________________
2.3 SCHEDULE FOR WINTER/CHRISTMAS VACATION.
The child(ren) shall reside with the [ ] mother [ ] father during winter vacation,
except for the following days and times when the child(ren) will reside with or be
with the other parent:
_________________________________________________________________
_________________________________________________________________
______________
2.4 SCHEDULE FOR SPRING VACATION.
The child(ren) shall reside with the [ ] mother [ ] father during spring vacation,
except for the following days and times when the child(ren) will reside with or be
with the other parent:
_________________________________________________________________
_______
2.5 SUMMER SCHEDULE.
Upon completion of the school year, the child(ren) shall reside with the [ ] mother
[ ] father, except for the following days and times when the child(ren) will reside
with or be with the other parent:
[ ] Same as school year schedule.
[ ] One week every month
[ ] Two weeks every month
[ ] One month beginning _________
[ ] ______ weeks during summer, starting ___________.
[ ] Other: ____________________________________
During the above summer schedule, the other parent shall have time with the child
[ren] as follows:
_________________________________________________________________
_______
2.6 SCHEDULE FOR HOLIDAYS.
The residential schedule for the child(ren) for the holidays listed below is as follows:
With Mother With Father
(Specify Year (Specify Year
Odd/Even/Every) Odd/Even/Every)
New Year’s Day ____________________ _________________
Martin Luther King Day ____________________ _________________
Presidents’ Day ____________________ _________________
Easter ____________________ _________________
Passover ____________________ _________________
Memorial Day ____________________ _________________
July 4th ____________________ _________________
Labor Day ____________________ _________________
Veterans’ Day ____________________ _________________
Thanksgiving Day ____________________ _________________
Christmas Eve ____________________ _________________
Christmas Day ____________________ _________________
Hanukkah ____________________ _________________
____________________ ____________________ _________________
[ ] For purposes of this parenting plan, a holiday shall begin and end as
follows (set forth times):
________________________________________________________________
[ ] Holidays which fall on a Friday or a Monday shall include Saturday and
Sunday.
[ ] Other:
2.7 SCHEDULE FOR SPECIAL OCCASIONS.
The residential schedule for the child(ren) for the following special occasions (i.e.,
birthdays) is as follows:
With Mother With Father
(Specify Year (Specify Year
Odd/Even/Every) Odd/Even/Every)
Mother’s Day ____________________ _________________
Father’s Day ____________________ _________________
Mother’s Birthday ____________________ _________________
Father’s Birthday ____________________ _________________
Child’s Birthday ____________________ _________________
[ ] Other: ________________________________
2.8 PRIORITIES UNDER THE RESIDENTIAL SCHEDULE.
[ ] Does not apply.
[ ] For purposes of this parenting plan the following days shall have priority
over the residential schedule.
2.9 RESTRICTIONS.
[ ] Does not apply.
[ ] The [ ] father’s [ ] mother’s residential time with the children shall be
limited because
[ ] Physical, sexual or a pattern of emotional abuse of a child.
[ ] A history of acts of domestic violence or an assault or sexual
assault which causes grievous bodily harm or the fear of such harm.
[ ] Neglect or substantial nonperformance of parenting functions.
[ ] A long-term emotional or physical impairment which interferes with the
performance of parenting functions as defined in TCA 36-6-102.
[ ] The absence or substantial impairment of emotional ties between the
parent and child.
[ ] The abusive use of conflict by the parent which creates the danger of
serious damage to the child’s psychological development.
[ ] A parent has withheld from the other parent access to the child for a
protracted period without good cause.
The following restrictions shall apply when the children spend time with this parent:
[ ] father’s [ ] mother’s residential time with the children.
________________________________________________________________
________________________________________________________________
2.10 TRANSPORTATION ARRANGEMENTS.
Transportation arragngments for the child(ren), other than costs, between parents
shall be as follows:
_________________________________________________________________
______
2.11 DESIGNATION OF CUSTODIAN.
The children named in this parenting plan are scheduled to reside the majority of
the time with the [ ] mother [ ] father. This parent is designated the custodian of
the child(ren) solely for puposes of all other state and federal statutes which
require a designaiton or determination of custody. This designation shall not
affect either parent’s rights and responsibilities under this parenting plan.
2.12 OTHER:
________________________________________________________
_________________________________________________________________
_____
III. CHILD SUPPORT
3.1 FINANCIAL SUPPORT.
[ ] The [ ] mother [ ] father will pay child support, in accordance with the
Tennessee Child Support Guidelines, in the amount of $____________ per
____________, beginning .
This amount shall not be prorated unless otherwise specified.
[ ] A wage assignment shall issue (by separate order to be presented by
counsel) to _____________________________________________, the
employer of ________________________, for the ongoing child support.
[ ] Other provisions for financial support:
_______________________________________________________
[ ] The parties affirmatively acknowledge that no action by either or both of
them will be effective to reduce child support after the due date of each payment.
The parties further understnad that Court approval must be obtained before child
support can be reduced or modified, unless such payments are automatically
reduced or terminated under the terms of this parenting plan.
3.2 TAX DEDUCTION.
[ ] The [ ] mother [ ] father will receive the tax deduction for the child(ren).
Each party shall provide to the other, by or before April 15 of every year, a copy of
their respective W-2 form or a copy of the first page of their tax return.
[ ] Other provisions regarding tax deduction: ____________________
3.3 HEALTH INSURANCE.
[ ] The [ ] mother [ ] father will maintain medical/hospital insurance on the
minor child(ren) and he/she shall provide proof of continuing coverage by
February 15th of each year.
[ ] Uncovered medicals, including deductibles, if any, will be
[ ] borne by the __________________
[ ] divided equally by the parties
[ ] _____________________________
3.4 LIFE INSURANCE.
[ ] The [ ] mother [ ] father shall insure his/her own life in the minimum amount
of $_________________, whole or term, which may not decrease in face amount
during the minority of any child. The policy shall name the minor child(ren) as
primary beneficiaries of the coverage required by the Court. The choice of the
secondary beneficiary(ies) is up to the policy owner(s).
[ ] Other provisions regarding life insurance:
________________________________________________
________________________________________________
3.5 DENTAL/ORTHODONTIC CARE
[ ] The [ ] mother [ ] father will maintain dental/orthodontics care on the minor
child(ren). Uncovered dental/orthodontic expenses will be borne by [ ] mother [ ]
father [ ] divided equally by the parties.
[ ] Other provisions for dental/orthodontic care: ___________________
_______________________________________________________
IV. DECISION MAKING
4.1 DAY TO DAY DECISIONS
Each parent shall make decisions regarding the day-to-day care and control of
each child while the child is residing wiht that parent. Regardless of the allocation
of decision making in this parenting plan, either parent may make emergency
decisions affecting the health or safety of the children.
4.2 MAJOR DECISIONS.
Major decisions regarding each child shall be made as follows:
Education decisions [ ] mother [ ] father [ ] joint
Non-emergency health care [ ] mother [ ] father [ ] joint
Religious upbringing [ ] mother [ ] father [ ] joint
_______________________ [ ] mother [ ] father [ ] joint
_______________________ [ ] mother [ ] father [ ] joint
_______________________ [ ] mother [ ] father [ ] joint
4.3 RESTRICTIONS IN DECISION MAKING.
[ ] Does not apply.
[ ] Sole decision making shall be ordered to the [ ] mother [ ] father for
the following reasons:
_________________________________________________________________
[ ] A limitation on the other parent’s decision-making authority is mandated
by TCA 36-6-108 .
[ ] Both parents are opposed to mutual decision making.
[ ] One parent is opposed to mutual decision making, and such opposition
is reasonably based on the following criteria:
[ ] The existence of a limitation under TCA 36-6-108;
[ ] The history of participation of each parent in decision making in each of the
areas in TCA 36-6-106;
[ ] Whether the parents have demonstrated ability and desire
to cooperate with one another in decision making in each of
the areas in TCA 36-6-106; and
[ ] The parents’ geographic proximity to one another, to the extent that it
affects their ability to make timely mutual decisions.
V. DISPUTE RESOLUTION
[ ] Disputes between the parties, other than the child support disputes, shall
be submitted to:
[ ] Counseling by ____________________________________________, or
[ ] Mediation by_____________________________________________, or
[ ] Arbitration by ____________________________________________.
The cost of this process shall be allocated between the parties as follows:
[ ] _______% mother _______ % father.
[ ] based on each party’s proportional share of income from the child
support guidelines.
[ ] as determined in the dispute resolution process.
The counseling, mediation or arbitration process shall be commenced by notifying
the other party by [ ] written request [ ] certified mail [ ] other:
______________________
In the dispute resolution process:
(a) Preference shall be given to carrying out this Parenting Plan.
(b) Unless an emergency exists, the parents shall use the designated process
to resolve disputes relating to implementation of the plan, except those related to
financial support.
(c) A written record shall be prepared of any agreement reached in counseling
or mediation and of each arbitration award and shall be provided to each party.
(d) If the court finds that a parent has used or frustrated the dispute resolution
process without good reason, the court shall award attorneys’ fees and financial
sanctions to the other parent.
(e) The parties have the right of review from the dispute resolution process to
the court.
[ ] No dispute resolution process, except court action, shall be ordered,
because [ ] a limiting factor under TCA 36-6-108 applies or [ ] one parent is unable
to afford the cost of the proposed dispute resolution process.
VI. STANDARD PARENTING RIGHTS
Pursuant to Tennessee Code Annotated, §36-6-101(a) both parents are entitled
to the following rights:
1. unimpeded telephone conversations with the child at least twice each week
at reasonable times and for a reasonable duration;
2. sending mail to the child which the custodial parent will not open and
will not censor;
3. receiving notice and relevant information as soon as practical (but not
more than 24 hours) in the event of hospitalization, major illness, or
death of the child;
4. receiving, directly from the school, copies of the child’s report
cards, attendance records, teacher’s names, class schedules,
standardized test scores, and other records which are customarily made
available to parents. A written request must be made to the school with
a current mailing address and payment must be made for the
reasonable cost of duplicating and mailing these records;
5. receiving, directly from the child’s physician and other health care
providers, copies of the child’s medical records. A written request must
be made to the health care provider with a current mailing address and
payment must be made for the reasonable cost of duplicating and
mailing these records;
6. to be free of derogatory remarks made about the noncustodial parent and
his or her family by the custodial parent to the child or in the child’s
presence.
Either parent may petition for a return to court, paying appropriate fees for
mediation on any further parenting issues.
VII. OTHER PROVISIONS
[ ] There are no other provisions.
[ ] There are the following other provisions:
_________________________________________________________________
_____
_________________________________________________________________
_____
VIII. DECLARATION FOR PROPOSED PARENTING PLAN
[ ] Does not apply.
[ ] (Only sign if this is a proposed parenting plan.) I declare under penalty of
perjury under the laws of the State of Tennessee that this plan has been
proposed in good faith and that the statements in Part II of this Plan are true and
correct.
___________________________________
_______________________________
Mother Date and Place of Signature
___________________________________
_______________________________
Father Date and Place of Signature
IX. ORDER BY THE COURT
It is ORDERED, ADJUDGED AND DECREED that the Parenting Plan set forth
above is adopted and approved as an order of this court.
WARNING: Violation of residential provisions of this order with actual
knowledge of its terms is punishable by contempt of court and may be a criminal
offense under TCA 39-13-306. Violation of this order may subject a violator to
arrest.
When mutual decision making is designated but cannot be achieved, the parties
shall make a good faith effort to resolve the issue through the dispute resolution
process.
If a parent fails to comply with a provision of this plan, the other parent’s
obligations under this plan are not affected.
Dated:____________________
____________________________ Judge
Presented by:
____________________________________
Signature
____________________________________
Print or Type Name
____________________________________
Signature
____________________________________
Print or Type Name
Mediation Services provided by:
(Name) ______________________________
(Address)_____________________________
_____________________________________
(Phone)_______________________________
end link
If the parents cannot agree to a parenting plan, they normally have to go to
mediation prior to having the parenting plan issues heard by the court.
link to mediation as before(?)
However, there exist exceptions to the mediation requirement, so please consult a
lawyer. Also, please note that attendance at a parenting class normally is required
when spouses with minor children divorce. However, some judges will waive this
requirement if the parties have agreed to a parenting plan. Other judges do not
waive attendance at the class. Ask your lawyer how the court in which your case is
pending handles this issue.
Custody/Parenting Plan Modification (other than support)
Parts of the Tennessee Legal System are moving away from the concept of
custody and embrace the concept of parenting time and responsibilities, other
parts of the system are not. Your lawyer can help you determine where in the
system your case appropriately belongs. In most cases, most juvenile courts do
not use parenting plans. In divorce cases involving children, parenting plans are
standard and it is unusual for a case not to have such a plan. If a parenting plan
involving a child or children has been entered in the past or if a custody
determination has been made in the past, the other parent may seek to modify
such a prior plan/order. In most, but not all cases, a material change in
circumstances involving the child has to be shown. As a result of that change in
circumstances, it has to be in the child's best interest to make a change.
In Tennessee, a child under 18 does not have the right to decide where to live,
even if the child has a strong preference and has reached age 13. However, the
older the child, the more weight the judge will give to the child in most
circumstances. However, the child's maturity level also is very important. If 16
year old son who has lived with dad has to repeat ninth grade due to a 1.2
average in all of his classes wants to move in with mom because dad has enrolled
him in tutoring and summer school and has taken his car keys away until his
grades improve, the court is likely to listen to the child. However, in the following
scenario which child do you feel is more likely to be sent to live with mom? link to
scenario
Scenario
Child 1 testifies that his poor grades are the result of father having a serious drug
problem. Instead of going to school, child takes father to drug rehab. every
morning and then works until he has to pick father up at lunch. He then runs to his
afternoon classes, where he is too tired to focus. Once school dismisses at 3 p.m.
he has to pick up his younger stepsiblings and go to work a second job. Child 1
loves both of his parents but is overwhelmed at taking care of the father and
stepsiblings without help. He wants to move in with mother, not now but in three
weeks when father will be able to get a driver's license and transport himself and
the stepsiblings.
Child 2 testifies that his poor grades in school make no difference to the rest of his
life. He will be a millionaire singer in the next few years. But father is holding him
back by telling him he can sing as a hobby but that school comes first. If child 2
wants to start a band, father will agree once the child has a B average. In addition,
father will not let him use the car, other than to go to and from school related
functions, until his grades improve. Mother, on the other hand, has told Child 2 he
can drop out of school. If the juvenile authorities object, she will home school him
personally and he should have his own car to stay out until midnight on school
nights so he can experience life in order to be a better rock star. Mother has a
third grade education and can barely write her name.
End link
Child Support
Child support and other support orders normally are enforced via a contempt
action. In some cases, the person seeking to enforce the order merely seeks a
money judgement. Usually, in cases seeking to enforce support orders, the
person who has not been receiving child support or other support has a legal
basis for seeking costs and attorney fees as well.
There are two types of contempt, civil and criminal. In addition, by statute certain
penalties can be imposed for failure to pay support. If you have not received the
support due to you or your children or if you have failed to pay as ordered by a
court, please seek legal advice.
Alternatives to Divorce
No lawyer or legal system can force feuding spouses to live happily ever after.
Even if, after a full blown divorce trial, the court refuses to grant a divorce, the
spouse whose divorce request has been denied can leave the courtroom and go
back to the other man or other woman. However, in some cases, the problems
between spouses can be resolved by divorce alternatives. For example, one or
both spouses have strong moral or religious opposition to divorce. Yet they may
be miserable with each other and desire to live in separate homes without being
free to remarry. They may want to choose a legal separation.
Another couple may have been out at a party having fun. They had way too much
to drink and before they knew it, they had been married, according to friends.
Neither of them recalled the hastily called ceremony before an officer authorized to
conduct marriages. But that officer also was inebriated. This couple may qualify
for an annulment.
Other alternatives to divorce include a post-nuptial contract and counseling with a
marriage counselor or other qualified counselor. If you need information about
post-nuptial contracts, please consult a lawyer.
Help, I have been served divorce papers
Please stay calm. It is very stressful to be served divorce papers, especially if you
did not expect them. But please do not play ostrich and ignore them. If you do
so, bad things can and likely are going to happen to you.
First, take a deep breath. It is okay to be upset and emotional. But use the
emotions to help you and your case, not to hurt you. If there is only one thing you
can bring yourself to do, make an appointment with a lawyer, go to it and bring
your paperwork. It is not unheard of for a potential client to go to a lawyer and say
that they have been served papers but have not read them yet. The lawyer can
read them for you and then explain them to you. Many times, a lawyer may be
able to explain why the papers you were served sound so horrible. If you are
emotionally able to read the papers, and most people are, check the summons
(usually the top paper) for any hearing dates (show cause dates). If you see
dates, go to court even if you do not have a lawyer. You can ask the judge for
time to hire a lawyer if you go to the hearing date without one.
In addition, when you read the divorce papers served on you, check for any
restraining orders, which order you not to do certain things. Comply with the
orders even if you disagree with them. If you disagree with them, your lawyer can
prepare papers to get a hearing on the order. If show cause orders are attached,
go to the hearing date at the time and place listed and bring what you are ordered
to bring. But talk to a lawyer first in case some objection can be made. For
example, in some cases you may have a right to assert the Fifth Amendment
privilege not to incriminate yourself. While cases in which you may wish to assert
that right may be rare, you need to know your legal rights and responsibilities. A
lawyer can help.
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