Family Law Lawyers Working to Provide Peace of Mind in Crossville
Family law is a diverse and complex area which can, due to the nature of the cases involved, be tense and fraught with emotion. Here at Davis Law Firm, we have extensive experience across the niche, and we have assisted clients with issues ranging from child custody battles to helping to manage divorce settlements.
What Is Involved In Family Law?
Family law covers a wide range of legal areas, and these include:
- Child Custody: Child custody battles are a difficult situation to handle, and our team of experienced, skilled attorneys will be right by your side every step of the way. In an ideal world, parents are able to amicably come to an arrangement when it comes to organizing custody. This will allow the child to share a relationship with both parents, and minimize ill will.
In some cases, this is not possible, and the court will be required to step in and assist the situation. The state of Tennessee recognizes both physical and legal custody for children, and both will form part of the ultimate decision. Physical custody refers to the place in which the child lives, while legal custody is used to describe the party with the power to make decisions regarding the education, welfare, and health of the child.
In addition, each of these custody types come under two categories, taking the form of a joint or a sole custody order. Parents with joint custody in both cases will share both physical and legal responsibilities, while a parent with sole custody has the freedom to make all legal decisions for their child as well as providing them with a place to live.
- Divorce: Tennessee allows two types of divorce. The first is a no-fault, or uncontested, divorce. This allows both parties to separate thanks to irreconcilable differences, and can be a faster and easier way to reach a solution. Couples who don’t have children can file on the grounds of legal separation; the only requirement is that they must have lived apart for two years, including maintaining separate residences for the duration of this time.
An ‘at-fault’ divorce must be pursued if the parties are unable to come to a mutual, amicable agreement. There are thirteen grounds which can be used to file for divorce in this instance:
- Refusal to move to Tennessee
- Infamous crime conviction
- Felony conviction
- Substance addiction
- Wife pregnant by another man
- Endangering the life of the spouse
- Cruel and inhuman treatment
Here at Davis Law Firm, we can help you reach the best settlement and navigate your divorce in the easiest, most painless way the circumstances allow.
- Child Support: When a couple with children separate, the issue of child support becomes the primary concern. In Tennessee, the higher earner is required to pay child support, and exact amounts are determined according to state guidelines.
The income of the parents will be taken into account, as well as the number of children involved, and how often each parent has custody of the child or children. In most cases, the alternative resident parent (ARP) will be required to make payments to the primary resident parent (PRP), though every case will be considered individually.
Child support is designed to cover the basic expenses of your child, and these can include essentials such as food, housing, clothing, health insurance, dental, and medical expenses, in addition to transportation and any extraordinary education needs (e.g. extra tutoring, care or support, or fees for residential schooling), and any additional extra-curricular, sporting, or cultural activity expenses.
- Alimony: In addition to child support, divorcing spouses are also likely to have to consider the issue of alimony. In short, this is a payment made from the higher earning spouse to the lower earning spouse, and is designed to help the other party to maintain the lifestyle they are used to as a result of the marriage.
A judge will make a decision on whether alimony should be awarded based on a range of factors, including the length of the marriage, the standard of living enjoyed during the marriage, and the conduct of each spouse during the course of the marriage. Existing financial arrangements will also be considered, including the existence of prenuptial or postnuptial agreements, separate and combined marital property, and the occupation and employment skills possessed by each spouse.
This relates to any financial resources each spouse has available, such as earning capacity, profit-sharing benefits, and ways in which each spouse contributed financially during the marriage. The age of each spouse will also be taken into account, as will any pre-existing health conditions.
There are four main types of alimony which may be awarded:
- Alimony in Solido: Also known as ‘lump sum alimony’, this requires the obligatory to provide the recipient with a lump sum of cash out of their property. The amount to be given is determined by a judge who will ensure that the property totals of both parties are more easily balanced.
- Alimony in Futuro: Also known as ‘permanent alimony’, this type of alimony is common in divorces in which one spouse earns a significantly higher amount than the other. This alimony allows the disadvantaged spouse to retain the lifestyle enjoyed during the marriage. Payments are made until the death of either party, or until the recipient spouse remarries.
- Rehabilitative Alimony: A spouse who decides to engage in any educational program or business training may be entitled to receive rehabilitative alimony during their course. This will then be paid until the spouse graduates from the program or starts a job.
- Transitional Alimony: In the event that a spouse is financially disadvantaged due to the divorce and is unable to work, the other party may be required to pay transitional alimony. This can help the disadvantaged spouse to bridge the financial gap until they are able to recover and secure new employment.
How Can We Help?
Here at Davis Law Firm, our experienced legal team is up for any challenge related to family law. With over 60 years experience in the industry, we can help you take on your challenges and come out the other side with the justice and outcome you deserve.
We are proud to have a branch of our law firm in the town of Crossville, Tennessee. Our location is convenient to get to and only 4 miles from the Crossville Municipal Airport (CSV). We are proud of our vibrant arts community which includes the historic Palace Theater founded in 1938, less than 1 mile from our doorstep. If the outdoors are where you find your happiness, we are also home to the Cumberland Plateau with views of Obed River and Byrd Lake, and we are only 5 miles from Cumberland Mountain State Park. Get in touch today at (865) 354-3333 and let us take some of the burden off of your shoulders.