Tag Archives: grounds for divorce

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

Social Media, Divorce and Inappropriate Marital Conduct

Divorce. It can be one of the emotionally painful experiences in one’s life. The urge to show your soon-to-be former spouse that you are “moving on” with a new love and out on the town instead of waiting at home for her or him to return can be quite powerful. Almost irresistible. Resist!

divorce cake FacebookAs an attorney, I guide my clients not to publish their “moving on” moments on facebook or other social media and just keep it off social media period.  Maybe your spouse may feel jealous of your latest loves after seeing you online going out night after night in downtown Nashville. Maybe not. But, your shared moments are well-documenting what the court would likely see as Inappropriate Marital Conduct – which is grounds for divorce in Tennessee. In other words, you are building a substantial case against yourself, selfie by selfie, all without your spouse or his/her attorney lifting a finger, other than saving the pictures to be used at trial.  And, even if you delete content in a dramatic effort to clean up your social media history, it is still discoverable.  Even deleted, once posted, it never actually goes away.  People have long memories.  The internet’s is longer, as in forever.

To read more on the impact of social media on divorce please click here.

Divorce is difficult enough without making it harder on yourself. Keep your social media clean and consistent with your position in the divorce. In the end, your attorney will be glad you did, and so will you.

T. Leigh Hearn-Rushton

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Filed under Family Law