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 […]

Really Bad Divorce Advice You Must Ignore

Really bad divorce advice is something spouses must recognize and then completely ignore. When you see it coming, get out of the way! For various reasons, some people feel compelled to offer words of divorce wisdom whenever news gets out that spouses are “having personal problems.” Beware the bearers of ill advice! No matter how […]

Adultery Divorce Laws in Tennessee

In Tennessee law, evidence of adultery is presented in court rather matter-of-factly, just as it should be with all statutory grounds for divorce. Without contrived intrigue and lust passing for high drama. That is not to say, however, that adultery cases are passionless divorces, devoid of interesting facts and circumstances. Far from it! During divorce […]

Private Investigators in Tennessee Divorce Cases

Why would anyone need to hire a private investigator for their Tennessee divorce case? There are many reasons why hiring a “Private Eye” could help the case. Perhaps the best known reason, and the basis for many a cinematic drama, is to rustle up evidence of an extramarital affair. In Tennessee law, adultery is one […]

How a Divorcing Spouse Can Spy on You Using Your iPhone

Would it surprise you that in divorce one spouse might use iCloud for iPhone to track the other? When preparing to protect your own mobile privacy, note your computer guru’s advice about passwords (discussed later). If you have not done so already, divorce is the time to put that advice and a bunch of other […]