Latest from Tennessee Family Law Blog - Page 2

Tennessee case summary on marital or separate property in divorce. Property Owned by Doctor Before Marriage Ruled Marital Assets Louise Helen Pack Dover v. Norris Lee Dover The husband and wife in this Knox County, Tennessee, case were married in 2000 and had two children.  The husband was an anesthesiologist, and the wife was mostly a stay-at-home mom during the marriage. The husband had purchased the marital residence in 1989, and he also brought to…
Tennessee divorce case summary. Leslie Burnett Montgomery v. Gary Alan Montgomery Divorce After Husband Charged w/ Trying to Have Wife Murdered The husband and wife in this Davidson County, Tennessee, case were married in 2002 and had no children.  It was the husband’s second marriage and the wife’s first.  The wife filed for divorce in 2016, alleging among other things an attempt on her life. The husband was incarcerated on charges of soliciting the wife’s…
Tennessee case summary on property division classification and transmutation in divorce. Wanda Sue Binkley v. Allen Dale Binkley Business Property, Even if Gift to Wife, Transmuted to Marital Property The husband and wife in this Montgomery County, Tennessee, case were married in 1986.  The wife filed for divorce in 2017, and the case went to trial before Judge Ted A. Crozier late that year.  After a post-trial motion, the wife appealed to the Tennessee Court…
Tennessee case summary on property division and business valuation in divorce. The husband and wife in this Blount County, Tennessee, were married in 1998 when the husband was in the Marine Corps and the wife was employed on base.  Starting in 2005, the husband was employed as a contractor with the U.S. Army in Iraq, and in 2007, he formed an LLC which engaged in trucking in Iraq, until the contract was terminated in 2015. …
Hanover v. Hanover, 775 S.W.2d 612 (Tenn. Ct. App. 1989). Gifts to Wife During Marriage Are Her Separate Property In this 1989 case, after 31 years of marriage, the husband was granted a divorce on the grounds of cruel and inhuman treatment.  Among other issues, the wife argued that many pieces of personal property were her individual property, and that the trial court had improperly considered them to be part of the marital estate. She…
Flannary v. Flannary, 121 S.W.3d 647 (Tenn. 2003) Property Lost Prior to Divorce No Longer Exists and Can’t Be Considered Marital Property In the run-up to Y2K, Mr. Flannary decided that the couple’s money wasn’t safe in the bank.  Therefore, starting in September 1999, he started making withdrawals, either $8000 or $10,000 at a time, in hundred-dollar bills.  He placed the money, totaling $48,000, in his bedroom drawer, with a plan to put the…
Lunn v. Lunn, No. E2014-00865-COA-R3-CV (Tenn. Ct. App. June 29, 2015). Enterprise Goodwill of Professional Practice is Separate Property When Intertwined with Professional Goodwill The professional goodwill of a one-person professional practice is the professional’s separate property,  and this rule was discussed in the Lunn case.   Andrew Lunn, DDS, brought a divorce action against his wife Carole in 2011.  They were married in 1995 and had three children, who were ages 11, 13, and…
Memphis family law attorney Joe Smith answers what happens if separated parents disagree about COVID vaccination for their children?  Thank you to Alex Coleman, WREG-TV, for inviting Joe Smith to help parents with this foreseeable and difficult problem.     To learn more, see Modifying Custody & Parenting Plans. See also Tennessee Parenting Plans and Child Support Worksheets: Building a Constructive Future for Your Family featuring examples of parenting plans and child support worksheets…
Bloggers note: Smith is another important, if not iconic case, family lawyers and business valuation experts should know well. Smith v. Smith, 709 S.W.2d 588 (Tenn. Ct. App. 1985) Lawyer’s Assets May Be Marital Property But Professional Goodwill is Separate Property Angelyn Jenkins Smith and Ewing Smith were married in 1952.  Mr. Smith was an attorney and was first licensed in 1956.  He was a 30% partner in the Murfreesboro law firm in which his…
Bloggers note: Hazard is considered by many of Tennessee’s most experienced forensic accountants to a be a cornerstone case that all forensic accountants and family lawyers should study and know. Hazard v. Hazard, 833 S.W.2d 911 (Tenn. Ct. App.  1991) Professional Goodwill of Professional Practice is Separate Property Patrick and Myra Hazard were married in 1980  At the time of the marriage, Mrs. Hazard had a Bachelor of Science degree in Nursing, was also…