Divorce Residence Requirements in Tennessee
In all divorce cases in Tennessee where children are involved, the court is required to sign a Permanent Parenting Plan Order setting forth how you and your spouse will parent your children. When considering a Permanent Parenting Plan, the best interest of the children is paramount.
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The vast majority of Permanent Parenting Plans in Tennessee are agreed to by the parents, either by sitting down together and working out the issues or by submitting the disputed issues to mediation by a qualified mediator for suggestions and recommendations. Once the plan is presented to the court, the judge will review the plan, question one or both parents, and make a determination of whether the plan is in the best interest of the children. Upon finding the plan provides adequate and sufficient provision for the care, custody , and support of the children, the court will sign the plan making it an order of the court.
Special problems often exist when dealing with military families.
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In such cases, we often insert language in the parenting plan that allows for parenting time by the service member anytime the service member is on leave, so long as the service member gives reasonable notice to the other parent. Another situation is where the service member has primary custody of the children but is deployed. The order should detail the circumstances of the custody transfer and outline the specific or expected dates of departure, expected date of return, educational care, and any other custodial arrangements.
Divorce trials can be lengthy, costly and contentious. In some cases, however, a trial is the only real option when it comes to protecting yourself and your children.
The pre-trial preparation is what allows us to successfully represent our clients, because we are prepared for anything. It may include:. Court rules also require the lawyers to prepare pre-trial briefs for the court, outlining important issues of the case.
The Steps and Stages of a Divorce Trial in Tennessee
In a common family-law trial, judges will read these briefs before the trial or scan them during opening statements. No reasonable person will choose a trial if there is any other equitable way to avoid it. In addition to the outcome being uncertain, trials are both expensive and unpleasant. However, trial is sometimes the only alternative to a continuing to deal with unreasonable settlement demands or an unwillingness to negotiate at all.
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Placing your future in the hands of a judge, who is most likely much different from you, is very risky but may be necessary. The plaintiff may be granted some limited opportunity to offer rebuttal testimony, and then the court decides whether or not to hear closing statements.
The progress and order of a trial is decided by the judge and only the judge. A divorce trial can last from one morning to several weeks. The court usually will decide issues after hearing information on the children, then property and debts, and then alimony in that order.
A judge can hear everything at one time or do one trial on custody and then have another trial on property division and alimony. Although unusual, the judge can even hear more than one case at a time. Following closing statements, the judge can either immediately rule on the case or wait. It causes worry or anxiety.
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