Herston on Tennessee Family Law

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On January 16, 2020, the Tennessee Supreme Court amended Rule 33, which governs interrogatories.Effective July 1, 2020, Rule 33.01 will require answers to interrogatories to beanswered separately and fully in writing under oath, unless an objection is made to it or to a portion thereof, in which event the reasons and grounds for objection shall be stated with specificity in lieu of an answer for that portion to which an objection is made. An…
Facts: Husband and Wife are divorcing. During legal argument on Wife’s motion for a protective order regarding her medical records, Wife suddenly jumped up in a distracting fashion and stormed out of the courtroom. On her way out, Wife called opposing counsel a “F’ing liar” loud enough for spectators in the front row to hear her.…
Facts: Father was convicted of rape of a child for the rape of a half-sibling of the two children at issue here. He was sentenced to serve 35 years in prison at 100%. In the ensuing termination case brought by the Department of Children’s Services (DCS), the trial court found six grounds for terminating Father’s parental rights and that termination was in the children’s best interest. Before I go any further, I want to reveal…
Facts: Husband is a building contractor. In 2014, he was sued twice in the Bradley County Chancery Court regarding homes he helped build and sell. In 2015, Wife sued Husband for divorce in the same court. Shortly after the divorce filing, Husband settled the construction lawsuits. Because of both of those cases involved minors, the Chancellor had to approve the settlements. In the divorce case, unresolved issues regarding the classification and division of a complex…
This article by Marlene Moses and Manuel Russ in the Tennessee Bar Journal is of interest. A Paradigm Shift to Collaborative Law Resolving family law matters often includes a lawsuit with a plaintiff versus a defendant or a petitioner versus a respondent. By the very nature of the style of the case, it is adversarial. While there are numerous benefits to both practitioners and their clients by opting for the collaborative process, family law practitioners…
Facts: Husband was employed by the federal government as an air-traffic controller. Seven months before the divorce, Husband retired at the mandatory retirement age of 56. Besides his civil service retirement benefit, he was to receive a monthly supplement from the Federal Employees Retirement System (FERS) of $1370 until he turned 62 and became eligible for Social Security. This FERS Supplement is subject to an earnings test, however. To maintain eligibility for the FERS…