Insufficient Evidence to Find Allegedly Bigamous Marriage Void

Tennessee case summary on validity of marriage in divorce proceedings. Kathy Fowlkes v. Flora Fowlkes The petitioner in this Dyer County, Tennessee, case was born in Tennessee in 1970. A month later, her parents married and moved to Arizona. The parents later separated and the mother returned to Tennessee. The father later informed the mother […]

Finding a Divorce Lawyer Who Can Handle Opposing a Narcissist

Hiring the right attorney to deal with a narcissist is key. Finding divorce lawyers specializing in and familar with narcissism and narcissistic personality disorder. Extrication from the clutches of a narcissist means finding a divorce lawyer who can handle opposing that personality type in court. This advice goes beyond mere suggestion. Hiring the right attorney […]

Tennessee Lawmakers Cannot Appeal Same-Sex Divorce Case

Tennessee case summary on same-sex marriage and divorce. Sabrina Renae Witt v. Erica Christine Witt The spouses in this same-sex marriage were married in Washington, DC, in 2014. During the marriage, by their agreement, one of the spouses became pregnant through artificial insemination, and a child was born in 2015. The other spouse was not […]

$2M Handshake Deal Is Dissipation | $4M Gifts to Wife Are Separate

At June 11, 2018
By Miles Mason
In Divorce, Property Classification, Property Valuation
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Tennessee case summary on dissipation, gift and separate property, and valuation in divorce. Kisha Dean Trezevant v. Stanley H. Trezevant, III The husband and wife in this Shelby County, Tennessee, case were married in 1990. They had two daughters, both of whom had reached the age of majority by the time of the divorce trial. […]

Tennessee Mandatory Injunction Law – Willful, Deliberate Violations, PART FOUR

This is the final segment in our four-part series on Tennessee’s mandatory injunction law. As with Part One, Part Two, and Part Three, we continue to focus on judicial interpretation, application, and enforcement of injunctive orders in divorce and legal separation cases. How are spouses who violate the divorce injunction held accountable? Mainly through contempt […]

TN Mandatory Injunction Law | Cash Flow and Concealed Assets, PART TWO

In Part Two of our series on Tennessee’s mandatory injunction law, we review the issues of maintaining cash flow and concealing assets in divorce. What consequences follow a spouse’s failure to disclose funds received from a retirement account deemed a marital asset? When does such nondisclosure intentionally violate the injunction? And how should the court […]

Tennessee Mandatory Injunction Law | Changing Life Insurance Beneficiaries, PART 1

Tennessee’s mandatory injunction law first went into effect in May 2001 and is found in T.C.A. § 36-4-106(d). This statutory injunction, or stay, is automatically invoked in divorce and legal separation cases. Three purposes for the injunction are: “(1) to eliminate the need to address the judge about [how] to maintain the ‘status quo’ through […]

Double Dipping in Tennessee Divorce Means Double Trouble (Part II)

In the first segment of this series, the double dipping debate in family law cases was introduced with several Tennessee examples illustrating the potential for trouble. Double dipping, or double counting, occurs when an asset that is divided as marital property in divorce is also included as a source of income in calculating alimony or […]

Double Dipping in Tennessee Divorce Means Double Trouble (Part I)

In Tennessee divorce, all marital assets should be equitably divided between the spouses. Double dipping theory as applied to certain of those assets can have a substantial impact on the outcome. More to the point, in this series of articles we will be discussing double dipping into divided marital assets – namely pensions, retirement accounts, […]

More Really Bad Divorce Advice You Must Ignore

This is the second blog on really bad divorce advice that spouses must ignore in order to obtain the best possible results in the case. Although experienced divorce attorneys are seldom surprised at what passes for helpful advice, unfortunately for some spouses it is too late to undo the damage. To avoid making the mistakes […]