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What Do You Need to Know About Tennessee Child Custody Laws?

In 2001, Tennessee House Bill 1512 amended the state’s laws regarding the criteria for determining custody and child support, updated the official terminology used in court, and replaced custody agreements with permanent parenting plans. While you may still hear some lawyers and judges use “sole custody” or “custodial parent” due to habit, those terms no longer have a meaningful legal definition. 

Child custody is a highly emotional topic. It can be difficult to contemplate how your custody situation will look following your divorce, but it is critical to contact a lawyer immediately to begin creating your plan so you can maintain stability for your child. A knowledgeable Tennessee child custody lawyer can answer some frequently asked questions about the state’s custody laws so you fully understand your legal rights and options when making your permanent parenting plan.

What is a Permanent Parenting Plan and How is It Created in Tennessee?

A permanent parenting plan is required to finalize any divorce that involves minor children. It is a detailed written agreement that designates parental responsibilities for a child. The plan consists of three main parts:

• Allocation of decision-making responsibilities.
• Creation of a residential schedule that determines the child’s physical residence on any given day of the year.
• Awarding child support.

A temporary parenting plan will likely be implemented as soon as possible to fill the gap until a permanent plan is created. Tennessee requires parents to attend a four-hour parenting course before creating their permanent plan. Failure to participate in this course could negatively impact the outcome of your custody proceedings. Preferably, parents will negotiate their own parenting plan and submit it to the court, where a judge will review it. If it is found to be sufficient, it will be approved.

If an agreement cannot be reached, the parents must attend mediation unless the court waives it. If mediation is unsuccessful, both parents will create their own plan and submit it to the judge 45 days before the trial. The judge then has the authority to choose one of the plans or create their own based on the child’s best interests.

What is a Primary Residential Parent (PRP) and an Alternative Residential Parent (ARP)?

The primary residential parent (PRP) is defined by Tennessee state law as the parent of the household where the child physically spends over 50% of their time. The alternative residential parent (ARP) is the other parent who has less parenting time than the PRP. The law stresses the importance of both parents playing a role in the child’s life. Unless the other parent has a history of abuse or another rare mitigating circumstance, they will receive at least some parenting time.

A residential schedule designates parenting time. This schedule specifies which days the child will spend at each parent’s residence and should include provisions for special occasions, such as holidays and vacations. Some couples prefer to work out a plan to split parenting time equally; however, in these cases, a PRP must still be designated for legal purposes.

Does the ARP Always Pay Child Support to the PRP?

In Tennessee, child support is awarded based on complex formulas that consider each parent’s financial situation, the costs for the child’s needs, their standard of living, the amount of time they spend in each parent’s residence, and other information.

In most situations, the ARP will end up paying child support to the PRP based on these calculations. But this is not guaranteed. Certain financial circumstances could lead to the PRP paying support to the ARP.

What is “Final Decision-Making Authority”?

Parenting time is only one aspect of the parenting responsibilities assigned in a parenting plan. While each parent will have the authority to make day-to-day decisions regarding the child while they are in their residence, the parenting plan will assign one parent final decision-making authority for important topics that impact the child’s health, well-being, and upbringing. It should be noted that one parent does not necessarily get to have final decision-making authority on every topic, and the parents or the court may choose to assign different topics to each parent based on their situation. For example, one parent may be given authority for health and religious decisions, while the other is responsible for schooling and extracurricular activity choices.

Ideally, your plan for decision-making authority should be robust enough to grow with your child as their needs change and should be designed to promote cooperation and limit harmful disagreements. Of course, issues may arise that cause conflict, and no parent has the absolute right to make critical decisions without input from the other parent, regardless of the responsibilities assigned. Even if you do not have final decision-making authority on a topic, you may take the issue to a dispute resolution process, such as mediation, if there is an inability to resolve the disagreement through good-faith discussions.

Does Tennessee Custody Law Favor Mothers?

By law, the court cannot allow the gender of either parent to influence their choices on parenting time and decision-making responsibilities. Instead, the court must base its judgments on the best interests of the child.

Tennessee code lists factors that can help the court determine what decision is in the child’s best interests, such as:

• The child’s relationship with each parent.
• The ability of the parent to provide a safe, stable environment and meet the child’s care needs.
• The emotional and physical fitness of the parent and how that could impact the child.
• The child’s relationship with their siblings and others at each parent’s residence.
• Where the child has friends, school, activities, and support systems.
• The child’s preferences if they are over 12 and the request appears reasonable and uncoerced.

How Can Our Law Firm Assist You?

Crafting a well-thought-out and detailed parenting plan is crucial to your child’s current and future well-being, but it can be overwhelming to negotiate this agreement on your own, particularly if you are going through a contentious divorce. Your parental rights are precious and must be protected, no matter the circumstances. For the strong, compassionate legal services you need, contact the Law Office of Hibbeler & Associates today at 931-236-2711.

Is It Legal for a Tennessee Mother to Keep Her Child From Their Father?

Whether they were ever married or not, when two individuals with a child together no longer have a relationship, the legal issues can become complex, and emotions may run high. When parents enter into a custody agreement, they are legally bound to the terms of that agreement. If a mother later feels that the arrangement is not meeting her child’s needs and it is no longer appropriate for them to spend time with their father, she cannot arbitrarily choose to keep the child from their father. Doing so would open her up to legal consequences. Instead, an experienced child custody lawyer can explain legal options for resolving this difficult situation within the court system.

What Are Parental Rights?

In family law, parental rights are the rights of a parent to make decisions for their child, take actions on their behalf, and have physical custody of them. Parental rights allow an individual to provide the necessary care a child needs.

One parent may be granted more parental rights by the court than the other. For example, the mother may have full physical and joint legal custody, while the father only has joint legal custody with visitation rights.

How is Paternity Related to Parental Rights?

In Tennessee, an unmarried mother has full legal and physical custody of her child from the time they are born. This holds true even if a father has signed the birth certificate. A mother can keep her child from seeing an individual who claims to be their father until paternity is established and the father has petitioned the court for his parental rights.

A father can file a Voluntary Acknowledgement of Paternity form to establish paternity. If the mother claims he is not the father, a DNA test may be required to confirm paternity. Once paternity is proven, the father can petition the court to grant him paternal rights, such as visitation, decision-making abilities, and custody. At this time, a child support agreement will also likely be created.

Can a Father’s Parental Rights Be Involuntarily Terminated?

When determining who has parental rights, the court considers what situation is in the best interests of the child. In most cases, the goal is to ensure that the child has a positive relationship with both parents and they each have meaningful involvement in the child’s life. Unfortunately, there are some cases where a father may be unfit to raise a child.

In these circumstances, the mother cannot simply keep their child from seeing their father. Failing to follow the court-ordered custody agreement can lead to serious legal issues. Instead, she must seek a legal resolution to the situation. One option involves petitioning the court to terminate the father’s legal rights.

This is a drastic option and should only be considered if the mother believes that a relationship with the father could harm the child. Involuntary termination of parental rights should not be pursued just because the parents have a contentious relationship or cannot agree on certain issues. If a mother attempts to terminate the father’s parental rights for an invalid reason, there may be legal consequences. If you have questions about whether this is a viable option for your situation, a family law attorney can evaluate your case.

What Are the Acceptable Grounds for Terminating a Father’s Legal Rights in Tennessee?

For the court to approve a mother’s petition to involuntarily terminate a father’s rights, she must be able to provide compelling evidence of at least one grounds for termination and demonstrate that the termination of the father’s parental rights is in the best interests of the child. Tennessee law outlines fifteen valid grounds for the termination of parental rights. Some of the most commonly cited examples include:

• Severe child abuse by the parent of any child
• Child sexual abuse by the parent
• Willful abandonment by a parent who has not visited or supported their child for at least four months
• A conviction for sex trafficking
• Imprisonment for conduct against their child, the child’s sibling, or another child in their home
• A conviction for the rape of the other parent, where the rape resulted in the conception of the child in question
• Habitual drug or alcohol abuse
• A removal of the child from the parent’s home by the Department of Children’s Services for at least six months due to allegations of parental neglect and a failure by the parent to remedy the conditions that led to the removal
• A conviction of attempted first or second degree murder of the other parent
• Mental incompetency that prevents the parent from adequately caring for and supporting the child

Will a Mother Continue to Receive Child Support if the Father’s Parental Rights Are Terminated?

If the court terminates the father’s parental rights, he is no longer liable for future child support. However, if the father is in arrears (i.e., he owes back child support), he is still responsible for that amount. There is no statute of limitations on a father’s child support obligations.

The only way that a termination of parental rights would lead to the elimination of back child support is if the parents reached an agreement to waive the payments owed and the court approved the arrangement.

What if the Circumstances Do Not Meet the Standards for an Involuntary Termination of Parental Rights?

Many situations where a mother has qualms about her child spending time with their father are not severe enough to warrant a petition to terminate parental rights. However, that does not mean that the mother has no legal options. She may be able to seek a modification of the custody and visitation agreement if she can show that the current arrangement is not in the child’s best interests. A Tennessee modification lawyer from the Law Office of Hibbeler & Associates can help with this process. Contact our law office today at 931-236-2711 to schedule a free consultation with a knowledgeable family law attorney.

What Are the Best Interests of the Child and How Do They Relate to Custody?

The best interests of the child inform every decision made in Tennessee regarding child custody. To determine whether an action is in the best interests of the child, the court looks at several factors, including:

• The developmental and emotional needs of the child.
• The child’s wishes.
• The child’s connection to each parent and the community, school, and other family members where they live.
• The ability of each parent to provide stability and necessary care.
• Each parent’s mental and physical health and whether it impacts their parenting skills.

After closely studying each parent’s circumstances, the court can decide whether a custody agreement is serving the best needs of the child or if it needs to be amended. In extreme cases, a judge may deem one or both parents unfit to have custody of the child. A Tennessee family law attorney can explain the factors currently used in 2023 when determining if a parent is unfit for custody.

Who Decides Whether a Parent is Unfit for Custody?

Ultimately, the court has the final say on whether a parent is considered fit for custody. The judge will likely consult with several individuals and agencies to reach their decision, including child welfare agencies, law enforcement, a minor’s counsel responsible for ensuring the child’s wishes are heard, and others.

As part of a child custody case, the judge may request that one or both parents meet with a child custody evaluator. The evaluator will interview parents and the child, perform psychological evaluations, observe family interactions, speak with involved doctors or teachers, and review court documents and medical records. The information the evaluator gathers will help them determine if the parents are fit for custody or if giving one or both of the parents custody could put the child at risk of physical or emotional harm.

The evaluator presents their findings in a report, and the parents can dispute the results and provide evidence to support their objections. A Tennessee family law attorney can help you with your next steps if you disagree with the custody evaluator’s report or the judge’s ruling in your custody case.

What is Considered When Determining Fitness?

Under the guidance of Tennessee state statutes, the court will look at the following factors when deciding whether a parent is fit to have custody.

History of Abuse

If a parent has neglected or abused this child or any other child, it can be a reason to deem them unfit. Of course, abuse claims must be substantiated. If Child Welfare Services was involved, a report will likely be available based on their investigation of the situation.

Domestic Violence

Physical or emotional abuse directed towards the other parent or another family member can result in a loss of custody. This is particularly true if the child witnessed the abusive actions. If you and your child are in an abusive situation, contact local domestic abuse resources or a family law attorney immediately to protect your safety.

Substance Abuse

Abuse of an addictive substance, even if it is a legal substance such as alcohol, can render a parent unfit if it is causing difficulties in the child’s life.

A judge can order a substance abuse assessment to determine the extent of the problem if an issue is suspected.

Psychiatric Illness Issues

Mental health issues are widespread and often do not impact child custody. However, a psychiatric illness may be taken into consideration if it could pose a threat to the child’s welfare and the parent has not been proactive and consistent in receiving medical treatment.

Social Skills

Community involvement and shared experiences are essential to a child’s development and well-being. If a parent is unable or unwilling to have social interactions with others, it can negatively impact their ability to provide their child with a stable and healthy environment.

The Parent-Child Relationship

If the child is uncomfortable with or afraid of a parent, it shows issues in their relationship. Sometimes this may result from the other parent actively encouraging negative feelings in the child towards their ex-spouse. Discussions with the child are vital when deciding what other remedies, such as counseling, may be appropriate before declaring the parent unfit.

Conflict Resolution and Decision-Making Skills

Everyone recognizes that divorce is hard, but parents must focus on their child’s best interests and attempt to cooperate with the other parent on important issues. If one parent cannot be reasonable or refuses to find a system to communicate with the other parent on decisions, this can harm the child.

The Parent’s Ability to Care for the Child on Their Own

Each parent must be able to reliably look after their child’s needs without relying on the other parent or family members to care for them.

Understanding and Communication

Every child needs parents who understand them and make them feel heard. If there is a disconnect in the communication between a parent and child, it is the parent’s responsibility to fix it or seek help to improve the relationship. Failure to do this shows a lack of parenting skills.

Setting Limits and Boundaries Appropriate to the Child’s Age

While each person has a different parenting style and may set slightly different limits, a child must have clear boundaries that are appropriate for them regarding important topics.

If one parent is not setting or enforcing limits and refuses to discuss the issue with the co-parent, it can be a serious problem.

How Can an Experienced Family Law Firm Help You?

Custody proceedings are stressful and often overwhelming. This is even more true if your ex-spouse is trying to have you deemed unfit to have custody of your child or if you fear for your child’s safety while they are in the other parent’s custody. Our knowledgeable child custody lawyers are here to ensure that the court creates a custody plan that is in the best interests of your child. Contact our office today to schedule a free, no-obligation case evaluation.

How Are Legal Separation and Divorce Related in Tennessee?

Everyone enters into a marriage hoping that it will last forever. Unfortunately, as your lives continue, you may realize there are problems in your marriage that you cannot fix. At this time, you may be faced with the issue of what to do next. Legal separation and divorce are both options for couples in Tennessee.

Still, many people wonder what a legal separation entails and if they must get separated before they can legally divorce. A compassionate and knowledgeable Tennessee family law attorney can explain the differences between a legal separation and a divorce and the requirements for each.

Is Tennessee a No-fault State for Divorce?

The laws for divorce in Tennessee are different from many other states. While Tennessee does have some options for a no-fault divorce, you may be forced to prove fault to complete your divorce if your spouse chooses to contest it. This can make the divorce process much more challenging.

What Are the No-fault Grounds for Divorce?

You only have two options if you wish to file a no-fault divorce in Tennessee:

• Irreconcilable differences: This is a commonly cited reason for divorce. However, it can only be used if both parties are willing to agree in writing that they have issues that make the continuation of the marriage untenable.
• Two years of separation and no minor children: If you have no children or all your children are adults, your path to divorce can involve choosing to legally separate and live in different residences for two years. If there is no reconciliation after this time, you may file for divorce, and the other party cannot contest it.

What Are Your Options for Fault-based Divorce?

If your spouse does not agree to the divorce under irreconcilable differences and you do not meet the other grounds for a no-fault divorce, you will have to prove fault to dissolve your marriage. Tennessee law lists thirteen grounds for a fault-based divorce:

• Sterility or impotence
• Bigamy (being married to two people at once)
• Adultery
• Desertion without reasonable cause for at least one year
• Being convicted of a crime that makes the party infamous
• Being convicted of a felony and sent to prison
• Attempted murder of the other spouse
• Refusing to move to Tennessee with their spouse, resulting in at least a two-year separation
• Being pregnant at the time of the marriage with another’s child without the husband’s knowledge
• Becoming addicted to drugs or engaging in habitual drunkenness after getting married
• Cruel and inhuman treatment or inappropriate marital conduct
• Harming the spouse’s person
• Abandoning, kicking out, or otherwise neglecting to provide for the spouse.

What is Legal Separation in Tennessee?

Legal separation is an option for couples who are having issues in their marriage and want to change their marital status but do not wish to divorce. The filing process is similar to a divorce, and you are required to provide grounds for your separation.

As part of a separation, you may legally sort out topics such as alimony, child custody, child support, division of assets, and more. The court’s rulings on these points during a legal separation are enforceable by law.

How Are Divorce and Legal Separation Different?

While the two processes have many similarities, the main difference is that a legal separation leaves your marriage intact. You remain legally married to your spouse and cannot marry someone else unless you seek a divorce first. You can also choose to end a legal separation at any time and resume your marriage if you are able to solve your marital issues.

When Would I Require a Legal Separation Before My Tennessee Divorce?

The only time you must be legally separated before your divorce is if you plan to use the no-fault grounds for divorce, which requires a two-year separation period before the divorce can be finalized. When used in this way, legal separation allows a person to seek a no-fault divorce, even if they are in a situation where their spouse will not agree that there are irreconcilable differences. However, you must have no minor children in the relationship to utilize this aspect of the law. In all other divorce situations, legal separation is not required.

Why Would Some Couples Choose Legal Separation Instead of a Divorce?

Aside from using legal separation as a pathway to a no-fault divorce, there are several reasons some couples choose this option over divorce. It provides a less permanent solution for those uncertain whether divorce is the right choice. The separated couple can have space to work on the marriage without officially calling it quits.

It can also allow a couple who are splitting amicably to retain and share benefits, such as health insurance, military pensions, and social security benefits. For other people, divorce is not an option due to their religious beliefs or their desire to remain a family for the sake of their children. Legal separation can allow both parties to maintain their own lives, homes, and finances without the difficulties of a divorce.

When Should You Reach Out to a Lawyer?

If you are considering a legal separation or divorce, you should contact a trusted lawyer as soon as possible to discuss your options and begin preparing for this significant life change. An experienced Tennessee divorce attorney can help you understand the state’s divorce laws and how they may impact your decision-making.

In Tennessee, there are two basic types of assault charges: simple assault and aggravated assault. Aggravated assault can be charged as intentional aggravated assault or reckless aggravated assault. The main difference between simple assault and aggravated assault is the severity of the victim’s injuries or whether the assault included a deadly weapon. The main difference between the two types of aggravated assault is whether the perpetrator committed the action intentionally or whether it was due to reckless behavior.

It is important to understand what specific assault charges you are facing so that you can choose an appropriate defense strategy. Contact our firm to speak to a criminal defense attorney who can provide more information.

Is Assault a Felony or Misdemeanor?

Assault charges can be either felony charges or misdemeanor charges. Simple assault is a misdemeanor, and it carries a possible sentence of up to 1 year in prison and a fine of up to $2,500. Aggravated assault charges are felonies. Intentional aggravated assault is a Class C felony, and reckless aggravated assault is a Class D felony. These charges carry possible prison sentences ranging from 2 years to 15 years.

What If I Was Acting in Self-Defense?

Acting in self-defense is a valid legal reason not to be held criminally liable for actions that led to assault charges. However, you can’t just claim self-defense. You also have to be able to present a compelling argument that you had a clear reason to fear for your immediate safety and acted with the force necessary to protect yourself or your property. Depending on the circumstances, it’s also possible to argue that you were acting in defense of others.

Can a Criminal Defense Attorney Help Me?

If you are charged with any crime, the first person you should talk to should be a criminal defense attorney. However, this is especially important for assault charges. These situations are often complex, and the nuances involved can be important strategy points for your defense. Getting a criminal defense attorney involved as soon as possible can help you prepare an adequate defense and explore other strategies, such as pleading to lesser charges.

Assault charges fall under the category of violent crimes, which makes them serious criminal matters that should not be dealt with lightly. Help protect your future and ensure someone is looking out for your rights by calling our law firm at 931-236-2711. Our team of experienced criminal defense attorneys can talk with you about your case and ensure you understand what to expect as you go through the court system. We also offer free consultations to help you get started.

When you are charged with a DUI, you will need to face a judge and enter your plea. It is important to talk to an attorney before you enter this plea so that you understand exactly what happens after this step, depending on the plea. An attorney may also be able to get the charges thrown out or reduced.

If you are being charged with driving under the influence, contact our law firm to schedule a consultation and learn more about your options. You don’t have to go through this process alone, and having experienced representation can help you protect your rights and your future.

Can Being Charged With a DUI Affect a Commercial Driver’s License?

Being convicted of a DUI can result in having your commercial driver’s license suspended or even revoked, which is why it’s so important to mount a vigorous defense against these charges. However, it’s also important to understand how holding a CDL changes what charges you may be facing. The legal blood-alcohol limit for CDL holders in Tennessee is only 0.04 percent, which is half that of non-CDL drivers. This means that you can face serious charges at a much lower level of alcohol consumption compared to other drivers.

What Are My Options If I’ve Been Charged With a DUI?

If you have been charged with a DUI, there are a few options. You can attempt to have the charges thrown out altogether. You can plead not guilty and go forward with a trial. Or you can plead guilty to skip the trial and go straight to sentencing. Pleading guilty to a DUI can have a serious negative impact on your job if you are a CDL driver, so it’s important to speak with an attorney before entering a plea or deciding on which option is right for your case.

Do I Have to Tell My Employer About DUI Charges?

In the state of Tennessee, you do not have to tell your employer that you were arrested for a DUI. But you do have to tell them if you are convicted of driving under the influence. However, you might have signed an employment agreement when you were brought on as a driver for the company that requires you to inform the company if you are charged with a DUI. If you’re not sure whether you need to tell your employer about your charges, talk with an attorney.

Being charged with a DUI is never a pleasant experience, but it can be even more nerve-wracking when you make a living driving with a CDL. Call 931-236-2711 when you are facing DUI charges to find out what your options are and how we can help.

In most cases, the couple’s home will be considered marital property and subject to the property division process. However, there are some cases in which the home would not be considered marital property. If the home was owned by only one person prior to the marriage, it could be considered separate property. If the home was part of an inheritance, it could be excluded from the property division settlement. It’s also possible for a couple to have a prenuptial agreement in place that outlines who gets the house.

If you have questions about who might be awarded the marital home in the divorce or what your rights are, call our office to talk to one of our attorneys. We offer free consultations and can discuss the particulars of your case to provide legal counsel and help with the next steps.

Will We Have to Sell the House?

If both parties are able to come to an agreement on who gets the house, it’s possible to avoid having to sell the home. However, this is dependent on the person who is awarded the house being able to afford the payments and maintenance on one income. It’s not unusual for a couple to be forced to sell the house in a divorce because of financial reasons. If the parties can’t agree, it’s possible that the judge could either award the house to one party or force them to sell and split the profits.

Who Gets the House in a Divorce?

Who gets the house in a divorce depends on whether the parties can agree and what the rest of the assets are. If the parties are able to agree to a property division settlement, the judge will usually use this as the court order. However, if there is no agreement, the judge looks at what a fair and equitable settlement would be. This may mean that one person gets the house while the other party gets a larger share of the couple’s liquid assets.

How Can a Family Law Attorney Help?

When it comes to property division and who gets the house, it’s important to talk with a family law attorney. An attorney can help you see the bigger picture when it comes to how the assets are divided, fight for your rights and interests, and ensure that any agreement reflects your needs.

The first step in going through the property division process should be to gather information and understand your options and rights within the law. Call 931-236-2711 to schedule a free consultation with a member of our team to find out more.

Alimony is also known as spousal support. It is the legal term for support payments that are made from one ex-spouse to another. Alimony is often awarded in the divorce process to ensure that both parties are able to be financially stable after the divorce. Alimony payments can be ordered for a specific length of time or can be permanent.

If you’re not sure how long you have to pay alimony to your ex, it’s important to talk to an attorney. A family law attorney can look at your court order to help you understand how long you have to pay alimony and what has to happen before the payments can stop.

When Can I Stop Paying Alimony?

The simple answer is: whenever the court order says you can. Every case is different, and judges can award alimony for a short period of time, called transitional alimony, or award permanent alimony. Transitional alimony is meant to be short-term payments to give one party financial support as they go out on their own after the marriage is over. Permanent alimony is usually reserved for marriages that lasted for several years.

Does Alimony Stop If My Ex Gets Remarried?

If you have been court-ordered to pay permanent alimony, it doesn’t necessarily mean that you could be paying forever. The alimony payments usually stop if and when your ex gets remarried. This is because the courts assume that their new spouse will be supporting them financially, at least partially, and assuming that responsibility. If you’re not sure if your alimony payments stop when your ex gets remarried, you can talk to an attorney who can look at your order and see what the specific instructions are.

What Happens If I Can’t Pay Alimony?

While you may not like it, alimony is a court-ordered expense. This means that there are formal penalties if you don’t keep up with your payments. If you don’t pay alimony, you could be found in contempt, of course, have to pay arrears, and even face jail time and other consequences, such as having your driver’s license suspended. If you believe that the alimony payments create an undue financial hardship for you, you may be able to talk with an attorney about petitioning the courts to modify or terminate alimony.

Alimony payments can be complicated, and it’s common for people to be confused or have questions about what being ordered to pay alimony means for their financial future. If you have questions, call our law office at 931-236-2711 to schedule a free consultation with a member of our team. We can discuss your case and help you form a plan.

Although divorce rates among military personnel have stabilized in recent years, the annual number of military divorces remains in the thousands in Tennessee. Whether you’re going through a difficult time or making a necessary change for yourself and your family, divorces can get complicated. The added caveat of being in the military or having a spouse in the military can lead to additional obstacles. Our legal team put together this post to elaborate on some of the differences between civilian divorce and military divorce in Clarksville, TN.

If you want to skip the research process altogether (trust me, we get it), you’re welcome to schedule a free divorce consultation. All of our attorneys have extensive experience working with military personnel and their spouses. You can reach our office at 931-236-2711 from 8am-4pm, Mon-Fri.

If you’re not quite ready to hire a divorce lawyer (or you just want more info on military divorce in Clarksville, TN), this post is for you.

Military Divorce in TN | Serving Divorce Papers

This is one of the primary hurdles our clients face in military divorce cases. Different branches of the military have different policies when it comes to serving divorce papers to an active duty spouse. These stipulations are in place to protect soldiers’ rights, but it can certainly become an obstacle when filing for divorce. You can usually access free legal assistance through military services, but they do not represent you in court. (That’s where hiring an attorney comes in.)

One potential snag could be that the service member is unable appear in court due to his or her military responsibilities. The service member might be deployed or stationed out of the country, for example. Under these circumstances, the service member could request a 90-day suspension of divorce matters. It is possible for the court to deny this request. However, navigating complications like these can be difficult. And it certainly isn’t worth dragging your family (and your sanity) through months of stressful back-and-forth.

Likewise, the service member stationed abroad in this scenario can have trouble handling a divorce from overseas. Either way, it’s imperative that you hire qualified representation with the foresight and experience necessary to assist you when these issues arise.

Spousal Support and Child Support

When it comes to spousal and child support, the extra allowances a service member makes might not factor into a support order. In some states, certain wages do not count as income. This could include any income that is not part of his/her base pay or income that does not appear on their paycheck. In Tennessee, child support and spousal support awards cannot exceed 60% of the military member’s pay and allowances.

You and your children may also qualify for continued health and dental insurance. Allowance is based on a few factors, including the length of time a service member has been in the military. If you were married to a member of the armed forces for 20 years or more, you would be eligible for permanent medical insurance, a military ID, and other lifelong privileges.

The Uniformed Services Former Spouses’ Protection Act (USFSPA)

In addition to Tennessee’s property division laws, the USFSPA also dictates how military retirement benefits are calculated and divided. For example, a service member’s retirement will not be distributed to a former spouse unless they were married for 10+ years while the member was on active duty. If you hire an attorney that has previously represented military members or their spouses in divorce cases, you will not need extensive knowledge on this subject. But there is public information about USFSPA available on Military OneSource.

Some Final Thoughts & Resources Related to Military Divorce:

You may not run into all of these obstacles, but it’s important that you’re aware of them. Divorce can get sticky, but it can also be necessary for the wellbeing of you and your family. And you definitely aren’t alone. Our attorneys have extensive experience working with military spouses, soldiers, and the Fort Campbell legal system. Initial divorce consultations are free, so you can get any other questions you have answered before you pay. Book an appointment by calling our office or submitting a form here.

As always, if you or your loved one need legal representation in a criminal defense or family matter, reach out to us today.

For additional updates and information on our local court, their departments, as well as our elected officials, visit the Montgomery County Circuit Court Clerk website.