Nashville TN Family Attorneys

Whether you have a child custody matter, are adopting a child, getting married or going through a divorce, you need someone with knowledge of the legal system to protect your rights, and guide you through the legal process. From child support issues and custody questions to divorce issues, the Law Office of James L. Widrig is here to help you with all of your legal needs. Call today to schedule an appointment to discuss your situation.

DIVORCE

Divorce and family law cases ranging from stipulated divorce to complex, high-asset property division disputes, and such other matters as prenuptial agreements and paternity cases. (see below for more details)

Types of Tennessee Divorce: There are two major categories of divorce in the state of Tennessee: "No Fault" or uncontested and "Fault Grounds" or contested.

No Fault: In Tennessee, a no-fault divorce is called “irreconcilable differences.” If a couple has already reached an agreement between themselves about all aspects of the divorce and property division, then the case can be a no-fault Divorce, and we will simply draw up paperwork for you to sign. If there are children in the marriage, the court will require the parties to enter into a permanent parenting plan. Our attorneys will stay with you through that process.

• In a No Fault divorce there is a waiting period for getting divorced in Tennessee: 60 days without children - or 90 days if there are children from the marriage.

Fault: If the parties cannot agree – if they are contesting issues related to property division, child custody, spousal support, or child visitation, then one party will have to file for divorce based on fault grounds. If children are involved and the parties cannot agree on co-parenting issues, the court will order all parties to enter into mediation and Attorney Widrig will stay with you during that process. Typical examples of fault grounds are cruelty, adultery, or inappropriate marital conduct.

Property Division: There is no "community property" under Tennessee divorce law. There is separate property (which the parties owned prior to marriage or which they personally inherited during the marriage) and marital property (acquired during the marriage). Marital property is subject to an equitable division.

PRENUPTIAL AGREEMENTS

Prenuptial agreements are entered into for many reasons such as to protect a family business or to separate assets. As divorce becomes more common in our society, Prenuptial Agreements are becoming necessary to protect the rights of both spouses. The law office of James Widrig can assist you with Prenuptial Agreements before you sign it, so call today for a consultation.

Divorce Attorney, Family Law Attorney, Child Support and Custody, Divorce Filing, Spousal Support, Visitation, Prenup and Separation Agreements and More

CHILD CUSTODY, CHILD SUPPORT

Tennessee child support guidelines dictate the amount of child support to be paid after a divorce or determination of parentage. The amount of child support is based upon the combined income of the parent with primary residential custody and the parent with the co-parenting or "visitation". Tennessee child support guidelines calculate earned income and passive income when determining the combined or gross income of both parents. Salaries, wages, commissions, bonuses, overtime, severance pay as well as the sale of goods or services are included in determining earned income. Examples of passive income are benefits from social security, unemployment or workers compensation as well as stock dividends and gifts. Temporary Assistance for Needy Families (TANF), Supplemental Security Income (SSI) and Food Stamps are not considered income when calculating the gross income.

When determining the amount of child support to be paid, Tennessee will always act in what it deems in the best interest of the child. The amount determined to be paid will be paid until the child/children reach eighteen (18) years of age unless the child has not graduated from high school with his/her senior class and is still in school. Tennessee child support laws follow a standardized system dictating the amount of child support to be paid to the parent who has primary residential custody, and generally will NOT allow the parties to agree to a lower amount of child support to be paid.

POST DIVORCE LITIGATION: including enforcement actions and Modification of current Court orders

If a party fails to obey a Court Order, something must be done to force the person to comply with the Court Order. Sometimes it is necessary to file a Contempt Petition seeking to have the person incarcerated in jail unless and until they comply with the Courts Order. A typical approach in an enforcement proceeding would be first sending a letter requesting that a party comply with the Court Order. If the party still refuses to comply, a Petition for Contempt may be filed and if the party still refuses to comply, a hearing is typically scheduled and the Court determines whether the party refusing to comply should be jailed until they comply. Contact the law office of James Widrig for more details on your post divorce situation.

The most common provisions of Court Orders that people seek to modify involve child support, child custody/visitation, and alimony. In most circumstances, all that is required to file a modification proceeding is a showing that there has been “a substantial and material change in the circumstances” since the Order was entered by the Court. The change can be either to you or to the other party, and can include almost anything, including losing a job, retiring, having other children, getting remarried, being arrested/convicted, etc. contact Attorney Widrig for a consultation to see if your situation is a substantial and material change.