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Nashville Tennessee Family Law Blog

How to get your parenting time wishes granted

We all understand how much parents love their children and always want what's in their best interests. The courts recognize this as well, and will make decisions in divorce to assure that the children's future living arrangements are in their best interests.

In the process of a divorce, spouses may disagree as to what exactly is in a child's best interests. It is not uncommon for both spouses to believe that they best for their children. If a divorcing couple is able to work together, can prove to the courts that their relationship is amicable enough, that they will still live relatively close to one another, and that their schedules are flexible enough or can align with each other properly, it is possible to have joint custody. This is rare however.

Military divorce reaches Supreme Court

Spouses who serve in the military must follow both federal law and Tennessee statutes while undergoing divorce. Although it addressed an appeal from Arizona, the U.S. Supreme Court's recent opinion on retirement and disability pay and divorce settlements that helps military retirees and can impact and can impact their families in at least 30 states.

This case concerned a couple who divorced in 1991 after being married for 13 years. After the husband retired from the Air Force one year later, his former spouse began receiving half of his retirement pay.

Pre-wedding plans for post-wedding property division

Brides.com is all about some of the things some women focus on in the days leading up to a wedding: rings, gowns, receptions and honeymoons. The site is also willing to take peeks inside topics that can be difficult for brides to broach but important to tackle.

They recently ran an article packed with advice on how to talk about prenuptial agreements and how to handle property division in the event that you and your soon-to-be spouse must divorce.

Nesting: Another way of resolving parenting time disputes

As regular readers of our Nashville family law blog know, one of the most difficult disagreements in divorce can be between parents on the subject of where their children should live. A recent article in the New York Times explored a concept that might be familiar to some readers: bird nesting.

Sometimes referred to simply as nesting, the child custody arrangement involves divorced parents keeping the marital home. The children stay there, while the parents move in and out, one at a time, to care for them.

Making divorce amicable can cut costs and shrink emotional toll

It might sound like a dream that can never come true: an amicable separation and end to your marriage. But amicable divorces really do happen a financial analyst wrote recently. Even better, he offered advice to people who want their divorce to be amicable and fair to everyone involved, including children.

An amicable split can shrink the emotional cost to you and your kids and it can also keep your financial pain to a minimum, analyst, MBA and author Shawn Leamon says.

Tips to convince your spouse that mediation is the answer

Divorce mediation will save you time, money and an enormous amount of headache when it comes to bringing your marriage to a close. However, not all Tennessee couples will be able to go through the process.

In order for mediation to be successful, the spouses need to be able to work with one another in a civil and diplomatic fashion. As most readers of this blog are well aware, many divorcing spouses are incapable of agreeing on anything.

Supreme Court restricts spouse's share of military retirement

A recent United States Supreme Court ruling could affect some of the many Nashville residents who are former members of the military or are married to veterans. Earlier this week, the high court ruled that states cannot raise an ex spouse's share of military retirement pay to compensate for lost benefits when the veteran receives disability pay.

The case had its origins when a couple divorced in 1991 and agreed in a property division settlement that the wife would get half of her ex's military retirement pay. His 20-year career ended the following year and both ex-spouses began to get their portions of his retirement pay.

Tennessee woman granted rights of husband in same-sex divorce

A recent Tennessee court decision granted a divorce to a lesbian couple after a judge changed his mind about the case. Knox County Circuit Court Judge Greg McMillan initially ruled that one of the women had no rights as a parent to a child created by artificial insemination.

The woman did not meet the legal definition of "husband," the judge had ruled. By the time of the May 2 ruling, he had changed his mind, however, and granted the divorce and approved a shared custody plan.

A gray area: Divorce over the age of 50

They are getting up there. They know who the Talking Heads were and some of them can identify the members of the Beatles by name (hint: none were called Bruno, Bieber or even Bono). Some can remember way back to when Peyton Manning played quarterback at the University of Tennessee.

They are Baby Boomers or members of Generation X who are age 50 or above. They are the ones remaking family law with a phenomenon called Gray Divorce. The surge in splits among older couples has some observers worried about what the future might hold for millennials marrying today.

Honoring mothers and fathers

With Mother's Day just a few days away, it's time to recognize the special love and bonds mothers have with their children and the irreplaceable contributions they make to the lives of their kids.

It is also a perfect time to recognize that in American society and in family law, the roles of mothers and fathers alike have evolved over the years. Moms are today much more likely than mothers of past generations to have full-time careers. Fathers today are much more likely to be involved in the day-to-day joys and chores of child-rearing than dads of the past.

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