Court Tosses Out Appeal When Brief Fails to Minimally Comply With Rules

At August 27, 2018
By Miles Mason
In Child Support Collection, Divorce Process
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Tennessee child support collection case and appeals court process summary. In re Joshua E., et al. This was an appeal of a juvenile case from Davidson County, Tennessee. After a contentious trial of the mother’s motion for modification of parenting time, Judge Sheila Calloway issued a detailed order containing findings of fact, conclusions of law, […]

No Grandparent Visitation After Mom’s Death Absent Interference with Visits

Tennessee child custody case summary on grandparent visitation and life insurance proceeds. Rose Coleman v. Bryan Olson – Tennessee divorce Auto Injunction and GP Visitation The husband and wife in this Montgomery County, Tennessee, case were married in 2007 and had a child the next year. In 2012, the wife sued for divorce. Under Tennessee law, […]

TN Divorce Judge Not Required to Recuse Despite Adverse Rulings

Tennessee case summary on recusal of judge in divorce. Mariel Bentz Rich v. David Tate Rich, Jr. After five years of marriage, the wife in this case filed for divorce in 2017 in Davidson County, Tennessee. The parties had one child, who was born in 2014. The case was assigned to Judge Philip E. Smith, […]

No Custody Jurisdiction Over Case First Filed in Scotland By Wife

Tennessee child custody case summary on international jursidiction in divorce. Roger Chase Hagans v. Rachel Wallock Hagans The mother and father were married in California in 2011, and their son was born that same year. The father was a member of the Marine Corps and was deployed for six months shortly after the birth. In 2013, […]

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 […]

Post-Judgment Interest Remand Depends on Analysis of First Appeal

Tennessee case summary on divorce process and appeals. Jill St. John-Parker v. Virgil Duane Parker This divorce case from Bradley County, Tennessee, was before the Tennessee Court of Appeals twice. In 2016, the court had affirmed most of the judgment, despite the husband’s claim that the wife’s relationship with an expert witness should have been […]

Husband Must Pay $20K for Assault + Found Voluntarily Underemployed

At May 09, 2018
By Miles Mason
In Divorce Process, Domestic Violence, Income Determination
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Tennessee case summary on damages for domestic violence in divorce and voluntary underemployment. Cynthia M. Kanka v. Christopher Kanka The husband and wife in this Marshall County, Tennessee, case had been married for 24 years when the wife filed a complaint for divorce. Her complaint also included a claim for tort damages based on her […]

Changes to Agreed Parenting Plan Not Allowed Without Prior Notice

Tennessee child custody case summary on judge adding parental restrictions in divorce. Shayla Leanne Guy Brantley v. Cordary Quincy Vernard Brantley The husband and wife in this Sumner County, Tennessee, were the parents of two children at the time of their 2016 divorce hearing. The parties made a marital dissolution agreement which included an agreed parenting […]

Ex-Husband Delay of Divorce Division Not Held Contempt

Tennessee case summary on post-divorce enforcement and contempt. Timothy Alan Portice v. Roshawnda Lynn Foster Portice The husband and wife in this Campbell County, Tennessee, case were divorced in 2016. The decree called for the sale of the marital residence to be sold with the equity equally divided. Until the sale, the husband was to […]

TN Mandatory Injunction Law – Dissipation, PART THREE

This is Part Three in our Tennessee mandatory injunction law information series. In it we look to ways dissipation of marital assets could violate the injunction in divorce or legal separation. A related concern is a spouse’s failure to preserve a marital asset, also briefly discussed. Our focus is on how Tennessee’s courts have interpreted […]