Your Family Law FAQ Guide: Key Questions Answered

Navigating through the complex terrain of family law can be challenging. This blog aims to answer some of your most pressing questions, providing you with a better understanding of the intricacies associated with family law.

Why Would You Need a Family Lawyer?

Family lawyers focuses on handling legal issues that directly affect the familial unit. This includes divorce, child custody disputes, alimony, and prenuptial agreements. A family lawyer is essential in ensuring your rights are protected, providing seasoned representation, and creating legally enforceable documentation.

When Do You Need a Family Lawyer?

You may need a family lawyer during any situation involving legal disputes or decisions within your family. Some common examples include considering divorce, determining child custody, negotiating alimony payments, and dealing with domestic violence cases.

What is Family Law?

Family law is a legal practice area that focuses on issues involving family relationships, including adoption, divorce, and child custody among others. Family law attorneys can represent clients in family court proceedings or in related negotiations, and can also draft important legal documents such as court petitions or property agreements.

What are Examples of Family Law?

Family law encompasses a wide range of situations. Some common examples include divorce proceedings, child custody and support disputes, alimony determinations, paternity testing and disputes, and issues related to adoption or surrogacy.

I am Getting Divorced. Do I Need an Attorney?

While it's technically possible to get a divorce without an attorney, navigating the legal system on your own can be challenging. A family law attorney can help you understand your rights, guide you through the process, negotiate on your behalf, and ensure all necessary paperwork is filed correctly.

How Can I Find an Attorney?

You can find family law attorneys near you by conducting an online search, asking for referrals from people you trust, or contacting your local bar association. It's important to research and interview potential attorneys to ensure they have the necessary experience and are a good fit for your needs.

What are the Legal Grounds for Obtaining a Divorce in TN?

In Tennessee, you can file for divorce based on either fault or no-fault grounds. No-fault grounds include irreconcilable differences or living separate and apart without cohabitation for two years when there are no minor children. Fault grounds can include adultery, desertion, and cruel and inhuman treatment. Additional factors may be applicable, so it is important to discuss this with your attorney.

Who Determines How Assets are Divided in a Divorce?

The division of assets in a divorce is determined by the court following the laws of the state. In Tennessee, the courts follow an "equitable distribution" model, which means assets are divided fairly, though not necessarily equally.

How Do Courts Determine Who Gets Custody of Children in a TN Divorce?

Tennessee courts determine child custody based on the best interests of the child. Factors considered include the child's relationship with each parent, each parent's physical and mental health, and the child's own wishes, among others.

What is Joint Custody?

Joint custody refers to a situation where both parents share legal and/or physical custody of their child. This means both parents participate in making major decisions for the child, and the child lives with each parent for part of the time.

How is Child Support Determined in a Divorce or Child Support Case?

Child support in Tennessee is determined using an "Income Shares Model." This approach considers the income of both parents and the number of children to calculate the amount of support needed.

What Happens if a Parent Does Not Pay Court-Ordered Child Support?

If a parent does not pay court-ordered child support in Tennessee, they can face serious consequences, including wage garnishment, seizure of property, suspension of licenses, and even jail time.

Do Grandparents Have Visitation Rights to Their Grandchildren?

In Tennessee, grandparents can petition for visitation rights if they believe it's in the best interest of the child. However, these rights are not automatic and the court will consider several factors before granting visitation.

Family law can be complex, but understanding these basics can help you navigate the process more confidently. If you have more questions or need legal assistance, don't hesitate to reach out to a family law attorney near you.

Additional information can be found by the American Bar Association in the following article: https://www.americanbar.org/groups/family_law/resources/faqs/