What is mediation and do I have to participate in it?
Tennessee Family Law Questions & Answers
Release Date: 07/04/2016
How is child support calculated in Tennessee?
Tennessee Family Law Questions & Answers
No one really likes to pay child support. It is, perhaps, one of the most contentious issues in cases involving children. In my practice, I have discovered several reasons for this. First, when child support is paid, it is paid to the other parent. The greater the animosity between the parents, the more difficult it is to make those payment. It creates the illusion that the person paying the child support is actually paying the money for the benefit of the other parent and not the children. In Tennessee we have a comprehensive set of guidelines used...
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Understanding the Tennessee court system
Tennessee Family Law Questions & Answers
A good understanding of the court system is essential for both attorneys and for consumers of the judicial system. Additionally, it is important to know which courts in your county have jurisdiction over which type of cases. In this episode, we discuss the structure of Tennessee’s judicial system. Resources
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How is property divided in Tennessee divorce cases?
Tennessee Family Law Questions & Answers
In Tennessee, courts are required to equitably divide marital property between the parties in a divorce. The court will usually attempt to determine the value of all marital property and then attempt to determine the proper division of that property. Tennessee is a dual property state as opposed to an all property state. In a dual property state, the court may only divide property this is considered marital property. Once the marital property is identified, the court will determine the division of the property based on eleven factors set forth in the divorce...
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What rights do Grandparents have in Tennessee?
Tennessee Family Law Questions & Answers
In most families, grandparents play a significant role in the lives of grandchildren. I have some great memories spending time with my grandparents growing up in Nashville. I was lucky to have both sets of grandparents until I was well into my twenties. In some families, however, grandparents are at odds with the parents and the relationship between the grandparents and the grandchildren is affected. When this happens, the grandparents may be required to resort to the courts in order to spend time with their grandchildren. As a general rule, parents have the right...
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What is adultery in Tennessee and does it really matter?
Tennessee Family Law Questions & Answers
Adultery is defined as voluntary sexual intercourse between a married person and someone not the spouse of that married person. In Tennessee, adultery can be proven by circumstantial evidence as well as by direct evidence. There are several defenses to adultery. The first is called recrimination and occurs when the spouse alleging adultery has also committed adultery. The second defense is referred to as condonation. The defense of condonation occurs when the innocent spouse, knowing of the adulterous conduct, takes the guilty spouse back and engages in...
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Can I get Alimony in Tennessee?
Tennessee Family Law Questions & Answers
Alimony is available in Tennessee in appropriate divorce and legal separation cases. A number of factors go into determining an award of alimony. The most important factor is the need of the spouse seeking alimony and the ability of the other spouse to pay the alimony. There are four types of alimony in Tennessee. Alimony in futuro, also referred to as periodic alimony Rehabilitative alimony Transitional alimony Alimony in solido, also called lump sum alimony There are a number of factors that go into an alimony decision. When facing a case involving alimony,...
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What happens if the Other Parent is Underemployed?
Tennessee Family Law Questions & Answers
In Tennessee, child support is based in part on the relative incomes of the parents. But what happens if one of the parents is not working up to their potential? What if one of the parents quits a lucrative job and takes a lesser paying job, or perhaps just quits working altogether? If this episode, we discuss how a court determines whether a parent is underemployed and what steps the court will take to insure that parent continues to support the child. RESOURCES
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What is a Voluntary Acknowledgment of Paternity?
Tennessee Family Law Questions & Answers
In Tennessee, one out every three children are born to unwed parents. There are several ways to establish paternity of a child. First, the mother and father can both sign a form called a voluntary acknowledgment of paternity. Second, a paternity action can be filed in court. The voluntary acknowledgment of paternity involves no court action and is usually accomplished in the hospital just after the birth of the child. There is no fee for submitting the voluntary acknowledgment of paternity, provided the form is filled out, signed and filed with the proper state...
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Does a Child Always Take on the Last Name of the Father?
Tennessee Family Law Questions & Answers
Courts will not change a child’s last name unless the change promotes the child’s best interest. When considering the child’s best interest, the following factors must be used by the court: The child's preference The change's potential effect on the child's relationship with each parent The length of time the child has had its present name The degree of community respect associated with the present and proposed name The difficulty, harassment, or embarrassment that the child may experience from bearing either its present or its proposed name Both parents can agree to the change...
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What is a Primary Residential Parent?
Tennessee Family Law Questions & Answers
In Tennessee, the parent with the majority of the parenting time is always designated as the primary residential parent. But what happens when both parents have equal parenting time with the children? Who is the primary residential parent? The parenting plan in Tennessee states that the designation of primary residential parent is SOLELY for purposes of any other applicable state and federal laws. If the parents are listed in Section II of the parenting plan as joint decision-makers, then, for purposes of obtaining health or other insurance, they shall be considered to be joint...
info_outlineMediation is a settlement process to help you and your spouse try and resolve the issues involved in your divorce case. The issues mediated can include child custody and parenting time issues if children are involved, alimony and property division, including who will receive what property and who will be responsible for which bills. Mediation is an informal process usually conducted around a conference room table. It is in a casual setting.
The mediator is not a judge and does not make a decision or impose his or her will on the parties but attempts to find a solution to the dispute. At the mediation session, each person involved in the dispute presents a summary of his or her point of view. If you have an attorney, he or she will usually go with you to the mediation session. The mediator will usually meet with everyone together at the beginning and then meet individually with each side. This offers participants the opportunity to communicate to the mediator their real interests in the dispute as well as to vent anger or frustrations outside the presence of the opposing side. The mediator will work with each person until an agreement is reached or an impasse occurs. If an agreement is reached, is should be put in writing and signed by the parties.
Although anyone with a law license can mediate a case, most mediators go through extensive training and become certified by the Tennessee Supreme Court as Rule 31 Certified Mediators. In addition, Rule 31 Certified Mediators must continue to receive training and education past the date of certification. Not all certified mediators are attorneys.
Mediators generally range in price from $40.00 per hour on the low end, all the way up to $400.00 per hour and even more. Usually the cost is split equally between the parties, although in certain cases the court will require the costs be borne by the party with more resources. Not only do the mediators charge for their time, but the attorneys participating in the mediation charge their clients their usual hourly rate.
The best way to avoid the expense involved in mediation is to settle all of the issues in your divorce or custody case. This can be done prior to or after filing the case by sitting down with the other party and working out an agreement that works for both of you.
Another alternative is to have your attorney schedule a settlement conference with the other attorney. Such a conference can take place in the office of one of the attorneys and is similar to mediation except without the mediator. No matter which option you choose, it is always best to settle your case prior to turning all the decisions over to a judge.
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