Tag Archives: Divorce Court

Divorce – Questions and Answers

divorceWe frequently receive questions from people that are either in the process of divorce or are soon to begin a divorce.  We have decided to share some of those questions and answers here for those of you that may benefit from this information.

Here’s a question that we recently received and answered:

Can a wife claim abandonment in TN if husband has not lived at home for 1 month?

“Wife of 6 yrs has become addicted to drugs and children were removed from the home as a result. Husband moved out of home as well after being told by family court he should not allow the children to have contact with their mother until she fulfills treatment. The home has been under Chapt. 13 bankruptcy for over 2 yrs. Wife has been a stay at home mother for 1.5 yrs. She is now threatening to file for spouse abandonment to have husband’s wages garnished in order to keep the home as residence and provide herself with income. Husband has bank statements and records showing he has provided income to her while he has been absent from the home. The situation has been ongoing for just over 1 month.”

ANSWER:
By Harold E. Rushton,  Attorney at Law

You have posed some interesting questions regarding divorce and separation. First, the answer to your main question is no. One month is an insufficient period of time to establish abandonment grounds for divorce in Tennessee.  The law in Tennessee states the parties must reside separate and apart for at least (2) two years to establish abandonment grounds for divorce in Tennessee.

The facts as you have presented them do provide potential grounds for divorce of which the husband could raise.  Those grounds are drug addiction by the wife.  Under Tennessee law, habitual drunkenness or abuse of narcotic drugs of either party, when the spouse has contracted either such habit after marriage are sufficient grounds for divorce.

If the husband is the primary parent, once he files for divorce, he may file a pendente lite action to seek support from the wife if she is failing to contribute support to the minor children and the burden is solely his to support the children. Whether relief is granted will depend upon his and her earning power, assets maintained by each party, etc. Those are all fact specific and must be determined by the court after hearing all of the facts of the case.

You really need to seek the advice of an attorney regarding this matter.  Here at The Rushton Law Firm, PLLC, we focus on divorce and separation so we can guide you through this process and help to protect your rights along the way. I hope that I have been helpful in answering your questions. Please do not hesitate to let us know if you should have any further questions.  We are located here in Davidson County, Tennessee and are happy to assist any time. I wish you all the best in the outcome of your case.

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Harold E. Rushton, Esq. is a Nashville, Tennessee based Divorce, Separation and Criminal Defense Attorney serving Davidson, Williamson, Rutherford, Dickson and Wilson Counties.

The Rushton Law Firm, PLLC  Phone:  (615)576-0071 or (615)815-9967

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Filed under Litigation, Questions & Answers

Divorce – Need help navigating the dark path ahead?

lwsm_dark-path_1994-test_159If you are contemplating a divorce in Tennessee or already in the process, the road may be a rough one appearing to be filled with perilous pitfalls. Every divorce situation is different and many are quickly and amicably resolved. These are typically referred to as “uncontested divorces.”  Sometimes things work out well and everyone leaves the marriage satisfied that they have worked things out amicably.  However, some divorces are riddled with animosity, feuding and strife from day one. This is something that is very difficult to predict because of the nature of divorce.  Many times an “uncontested” divorce quickly becomes contested and the parties find themselves in a living nightmare!

As attorneys at The Rushton Law Firm, PLLC, we handle both types of divorces, contested and uncontested.  We focus a large part of our practice on handling divorces in Nashville, Tennessee and surrounding areas. That means we deal with divorce situations every day and are knowledgeable in this area of the law. We understand that divorce can be a very difficult time in your life.  Divorce can be a bit of an emotional roller coaster and those emotions can hamper moving forward or even damage your case, depending upon how you act upon those emotions. That is why it is of utmost importance to retain an attorney to represent you in your divorce.

Our law firm focuses on divorce matters. We zealously advocate for our clients rights in every aspect of your case.  We also walk hand in hand with you through the process so you do not have to go it alone.  It can be a scary time in your life and you need someone that cares enough to help. When you retain The Rushton Law Firm, PLLC you hire a team of professional attorneys that are here to help you navigate the dark path that is before you. You also get an team of advocates that are on your side, representing your best interests and working to make sure you are protected during your divorce. Each and every phase of the divorce process is crucial to the final outcome of your case. Do you want to risk your future?  Of course not!  That is why you should hire a team that cares about your case, is knowledgeable of divorce law and fights for your rights from day one!   That’s why you should call The Rushton Law Firm, PLLC.

We offer FREE consultations to discuss your case and help guide you through the process. Call us now at (615)576-0071 or (615)815-9967. We are available during regular business hours and even after regular hours to help. We understand that life doesn’t just happen between the hours of 8:00 AM and 5:00 PM and we will take time to answer your after hours calls and give you sound advice.

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Harold E. Rushton, Esq. is a Nashville, Tennessee based Divorce, Separation and Criminal Defense Attorney serving Davidson, Williamson, Rutherford, Dickson and Wilson Counties.  Call The Rushton Law Firm, PLLC  Phone:  (615)576-0071 or (615)815-9967

Call today for a FREE consultation (615)576-0071 or (615)576-0071

Email: Harold@TheRushtonLawFirm.com or Leigh@TheRushtonLawFirm.com

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Filed under Family Law, grounds for divorce

Don’t take a Selfie with the Judge

cell phone banYesterday, I visited the Wilson County Justice Center in Lebanon, Tennessee on behalf of a client.  Upon approach, we noticed four different signs announcing cell phones or other recording devices were banned from the building.  Note, it was not just the courtroom, but the entire building.  As we approached security, the guards politely asked if we had cell phones on us.  Fortunately, they were in the car but the computer in my bag raised an eyebrow.  I flashed my all-access-I’m-an-attorney bar card and all was well (attorneys, employees and a few others are exempted from the ban).

Suspecting a good story behind the heavily advertised ban, I asked the ladies in the clerk’s office what prompted the zero tolerance policy.  Apparently, in at least one instance, spectators in the courtroom texted witnesses waiting outside what the witness on the stand said.  On top of that, judges did not like spectators taking pictures of the proceedings or of the judge personally.  I imagined a witness snapping a quick selfie with the judge in the background and Aunt Lelia snapping a picture of cousin Jack’s latest arraignment to share instantly with Mama and ’em or possibly on facebook.

A judge may make rules for her or his court.  Failure to follow those rules could result in contempt of court which could carry a fine or jail time.  See our article on pajamas in the courtroom or other cell phone-related contempt of court rules for Circuit Court in Davidson County, Nashville, Tennessee.  To be safe, you should always check local rules for your court to ensure you follow the rules perfectly.  A quick internet search on your phone could help you keep that phone.

According to this article, a violator is subject to a 10-day jail sentence and/or forfeiture of their cell phone.  And, as the cell phone is also a status symbol, some of them can be pretty costly (some iPhones retail in excess of $800+).  That is a pretty heavy investment to simply be locked away in a vault.

The moral of this story is simply don’t bring your cell phone or recording device into the Wilson County Justice Center in Lebanon, Tennessee.  The justice there is swift, the folks there are friendly but they take the cell phone ban seriously… and so should you.

-TLHR

 

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Filed under Court, Litigation