by Morgan Smith | Jun 3, 2016 | Contested Divorce, Divorce Lawyer, Post-Divorce Modification
“However, “a “change in circumstance” with regard to the parenting schedule is a distinct concept from a “change in circumstance” with regard to the identity of the primary residential parent.” Massey-Holt v. Holt, 255 S.W.3d 603, 607...
by Morgan Smith | May 17, 2016 | Contested Divorce, Divorce Lawyer
In Grant v. Grant, which came out of Montgomery County (Clarksville), the Court was tasked with the equitable distribution of assets and liabilities in a high asset divorce, and to set alimony. This is a good example of why settlement can be a good idea. In Grant,...
by Morgan Smith | May 10, 2016 | Contested Divorce, Post-Divorce Modification
A recent decision affirming a finding of underemployment came up through our own Fourth Circuit of Davidson County. In Cocke v. Cocke, Mother filed a petition to increase support and Father filed a counter-petition to reduce it based on the eldest child emancipating....
by Morgan Smith | May 10, 2016 | Contested Divorce
I think I will shock no one when I tell you that the Court of Appeals has upheld a determination from Nashville’s own Second Circuit that being convicted of rape is grounds for divorce under the inappropriate marital conduct standard. In Watt v. Watt, the...
by Morgan Smith | May 9, 2016 | Contested Divorce, Divorce Lawyer, Family Law, Post-Divorce Modification
More affirmation that the material change standard for a change of primary parent determination is more strict than just your standard schedule modification: Angela Newberry v. Jeremy Newberry. Here, Father accused Mother of not supporting the children in their...
by Morgan Smith | Apr 3, 2016 | Contested Divorce, Divorce Lawyer
Very good and interesting case that originated out of Bradley County and has a new opinion from the Court of Appeals – in Merkel v. Merkel, the maternal grandfather intervened in the divorce action to protect his interests and likewise to keep a spouse from...
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