Nobody ever plans on needing a family lawyer. But life, as we all know, has a way of throwing some serious curveballs. And sometimes, those curveballs land you right in the middle of a legal battleground, fighting for your family, your future, and your peace of mind.
Family law issues can be intensely personal—the heartbreak of divorce, the struggle for custody, or the complex journey of adoption. All these cases involve the people you love most in the world. And that’s why having the right attorney in your corner is absolutely imperative.
The Franklin family law attorneys at Durak Law knows that behind every case is a story—a family facing a challenging chapter. We’re dedicated to helping families in Franklin, TN work their way through the many complexities of the legal system.
How Can a Franklin Family Law Attorney Help?
Staring down the barrel of a family law issue and unsure where to even begin? Maybe it’s a divorce that blindsided you, a custody battle that’s turning ugly, or an adoption process that feels like it’s drowning in red tape. Whatever the situation, you’re probably feeling a whole cocktail of emotions: stressed, confused, maybe even a little lost.
Family law issues are often messy. What makes things even more challenging is that they often involve the people we hold dearest. This is where having a good family lawyer in your corner can make all the difference.
But what does that actually look like? How can a Franklin family law attorney at Durak Law really help you?
Well, first things first, we’re here to listen. Really listen. We want to hear your story, understand your concerns, and get a clear picture of what matters most to you. Then, we’ll cut through the legal jargon.
Family law can feel like a foreign language, with all its rules and regulations and procedures. We’ll break it down for you in plain English, explaining your rights, your options, and the potential outcomes of your case.
You can also count on our negotiating skills. Believe it or not, many family law issues can be resolved outside of the courtroom. We’ll be your advocate at the negotiation table, working to reach a fair agreement that protects your interests and helps you move forward.
Of course, sometimes you can’t avoid a courtroom showdown. If that happens, we’ll present the best case in court. We’ll prepare your case meticulously, present your arguments with conviction, and fight tooth and nail to get you the best possible outcome.
What Are the Types of Family Law Cases?
Family law encompasses a wide range of cases that address the legal matters affecting families, from divorce and child custody to adoption and prenuptial agreements.
Divorce
Divorce carries a lot of weight, a lot of emotion, and unfortunately, a lot of misconceptions. If you’re finding yourself facing the possibility of divorce in Tennessee, it’s important to understand the facts, know your rights, and have a clear picture of what to expect.
Grounds for Divorce in Tennessee
No blame game here. Tennessee is a “no-fault” divorce state, meaning you can get a divorce without proving any wrongdoing by your spouse. You can simply state that there are “irreconcilable differences” and that the marriage is irretrievably broken.
Of course, there are other fault-based grounds for divorce as well, such as adultery or abandonment, but those are less common these days.
So, what does a Tennessee divorce process actually look like? It generally involves these key steps:
- Filing a Complaint: One spouse files a Complaint for Divorce with the court.
- Serving the Papers: The other spouse is served with the Complaint, letting them know that divorce proceedings have begun.
- Temporary Orders: The court may issue temporary orders regarding things like child custody, child support, and spousal support while the divorce is pending.
- Discovery: Both sides gather information and evidence, which may involve exchanging documents, answering questions under oath (called depositions), and requesting information from third parties.
- Settlement Negotiations: Most divorce cases are settled out of court through negotiation and mediation.
- Trial: If the parties can’t reach an agreement, the case will go to trial, where a judge will make decisions about property division, child custody, and support.
Legal Separation
Now, sometimes couples aren’t quite ready for divorce, but they need some space and legal clarity. That’s where legal separation comes in. It’s similar to divorce in that it allows you to establish things like child custody, support, and separate living arrangements, but you’re still legally married.
This can be a good option for couples who are:
- Hoping to reconcile: Legal separation gives you time and space to work on your relationship while having some legal structure in place.
- Religious reasons: Some religions discourage divorce, so legal separation can be an alternative.
- Financial or insurance reasons: You might want to maintain certain benefits that are tied to your marital status.
Child Custody and Support
In Tennessee, the courts make child custody decisions based on what’s in the “best interest of the child.” Sounds simple enough, right? But what does that actually mean? Well, judges consider a whole range of factors, including:
- The child’s relationship with each parent: How strong is the bond, and how involved is each parent in the child’s life?
- Each parent’s ability to provide a stable and loving home: This includes things like housing, finances, and emotional support.
- The child’s wishes: Depending on their age and maturity, the court may consider the child’s preferences.
- Each parent’s mental and physical health: Are there any issues that could affect their ability to parent effectively?
- Any history of domestic violence or substance abuse: The court takes these issues very seriously.
Child support is a crucial part of ensuring that children have the financial resources they need, even when their parents are no longer together. Tennessee has specific guidelines for calculating child support, which take into account factors like:
- Each parent’s income: The more you earn, the more you’re likely to contribute.
- The number of children: Support is calculated per child.
- Healthcare costs: This includes health insurance premiums and any out-of-pocket medical expenses.
- Childcare costs: If you need childcare to work, those costs may be factored in.
Modifying Custody or Support Orders
Jobs change, people move, and kids grow up. If your circumstances change significantly, you can petition the court to modify your custody or support order. This can involve a lot of paperwork and legal hurdles, so it’s important to have an experienced attorney on your side.
Prenuptial Agreements
They say love is grand, and marriage is the grandest adventure of them all. But even the most starry-eyed couples should have a dose of practicality when they’re taking that leap. That’s where understanding the legal side of marriage—and prenuptial agreements—comes into play.
Here in Tennessee, getting married involves a legal process with certain requirements you need to meet before you can officially walk down the aisle.
This includes things like:
- Obtaining a marriage license: You’ll need to head down to the County Clerk’s office and apply for a marriage license.
- Waiting period: Tennessee has a three-day waiting period after you apply for your license before you can actually get married.
- Authorized officiant: Your ceremony needs to be performed by someone authorized by the state, like a judge, religious officiant, or even a qualified online officiant.
Now, let’s talk about prenups. Nobody likes to think about the possibility of divorce when they’re planning their wedding, but the reality is that it happens. A prenuptial agreement is like an insurance policy for your marriage. It’s a legal document that outlines how your assets and debts will be divided if you and your spouse ever decide to go your separate ways.
Why would you need a prenup? Well, it’s especially important if:
- You or your partner have significant assets: This could include things like property, investments, or a family business.
- One of you has a lot of debt: A prenup can protect you from being responsible for your spouse’s debts in the event of a divorce.
- You have children from a previous relationship: A prenup can help ensure that your children are taken care of financially.
- You want to avoid a messy and expensive divorce: A prenup can help streamline the divorce process and reduce conflict.
It’s important to remember that a prenup is a legally binding contract. Both you and your partner should have your own Franklin family law attorneys review it before you sign anything. This ensures that the agreement is fair and protects both of your interests.
Adoption
Whether you’re hoping to adopt an infant, a child from foster care, or a child from another country, Tennessee law outlines the steps you need to take to make your dream of family a reality.
- Home study: A social worker will conduct a thorough assessment of your home environment to ensure it’s safe and suitable for a child.
- Background checks: You’ll need to undergo background checks to ensure you can provide a stable and nurturing home.
- Consent: In most cases, the biological parents must consent to the adoption. There are specific legal procedures to ensure this consent is informed and voluntary.
- Court approval: The final step in the adoption process is obtaining a court order that legally establishes your parent-child relationship.
Different Paths to Adoption
Tennessee offers several different types of adoption:
- Domestic adoption: This pertains to adopting a child who is a U.S. citizen.
- International adoption: This allows you to become parents to a child from another part of the world.
- Foster care adoption: This means giving a permanent home to a child who is currently living in the foster care system.
- Stepparent adoption: This involves a stepparent legally adopting their spouse’s child.
Alimony/Spousal Support
Divorce often brings a whirlwind of financial changes, and sometimes, one spouse needs a little help getting back on their feet. Alimony, also known as spousal support, is designed to provide financial assistance to a spouse who may have been financially dependent on their partner during the marriage.
Tennessee courts carefully consider a range of factors—from the length of your marriage to your individual earning capacity – to determine if alimony is needed and how much support is fair. These factors include:
- Length of the marriage: In cases where couples have been married for a significant period, courts tend to award alimony for a longer duration.
- Each spouse’s earning capacity: The court looks at the income and earning potential of both parties.
- Contributions to the marriage: This includes everything from bringing home a paycheck to raising the kids and keeping the household running smoothly, even if it meant putting your own career on hold to support your partner’s ambitions.
- Age and health of each spouse: These factors can affect a spouse’s ability to earn a living.
- Marital fault: In some cases, a spouse’s misconduct during the marriage can be considered.
Types of Alimony
Tennessee law recognizes different types of alimony, each with its own purpose and duration:
- Rehabilitative alimony: This is designed to help a spouse gain the skills and education they need to become self-sufficient.
- Transitional alimony: This provides short-term support to help a spouse adjust to their new financial situation.
- Alimony in futuro: This is long-term support awarded in cases of long marriages or where a spouse is unable to work due to age or disability.
Parental Rights
Parental rights refer to the legal authority and responsibilities a parent has in raising their child, including making decisions about the child’s education, healthcare, and general welfare. In Tennessee, parental rights are typically established through:
- Marriage
- Birth
- Legal actions such as paternity determinations or adoption
Parents are granted both legal and physical custody rights, which allow them to make important decisions for their child and determine where the child will live.
However, parental rights can sometimes be challenged or terminated in cases of neglect, abuse, or other serious issues. A family law attorney can help parents protect and enforce their rights, whether through establishing paternity, defending against the termination of rights, or seeking to regain custody.
The court’s primary concern is always the child’s best interests, and an experienced lawyer can help parents navigate the legal process to maintain their relationship with their child while ensuring the child’s safety and well-being.
Grandparent’s Rights
In Tennessee, grandparents’ rights can become a significant issue, especially in cases where a grandparent’s access to their grandchildren is limited or restricted. Tennessee law allows grandparents to seek visitation rights under certain circumstances, such as:
- when a parent is deceased
- the child has lived with the grandparent for an extended period
- or the parents are divorced or separated
However, courts must always consider the best interests of the child when granting visitation.
Securing these rights can be a complex legal process, requiring the assistance of a skilled family law attorney. A lawyer experienced in grandparents’ rights can help navigate the legal requirements and build a case that demonstrates how ongoing contact with the grandparent serves the child’s well-being.
This is especially important when there are disputes with the child’s parents or guardians that may impact the grandparent-grandchild relationship.
Property Division
Dividing up a lifetime’s worth of belongings, assets, and debts can get complicated, and sometimes, a little messy. But understanding how marital property division works in Tennessee can help you navigate this process with more clarity and confidence.
Tennessee follows the principle of “equitable distribution.” This means that marital property is divided fairly between the spouses, but not necessarily equally. The court considers a variety of factors to determine what’s fair, including:
- Each spouse’s contribution to the marriage: This includes financial contributions, as well as non-economic contributions like raising children or supporting a spouse’s career.
- The length of the marriage: Longer marriages often result in a more equal division of property.
- Each spouse’s economic circumstances: The court considers each spouse’s income, earning potential, and financial needs.
- Any marital misconduct: In some cases, a spouse’s bad behavior during the marriage can affect the property division.
What’s Marital Property?
All assets and debts acquired during the marriage fall under marital property. This can include things like:
- The family home
- Retirement accounts
- Bank accounts
- Vehicles
- Investments
Separate property, on the other hand, is usually excluded from division. This includes assets owned before the marriage or received as gifts or inheritance during the marriage.
Choosing the Right Family Law Attorney
Facing a family law issue is tough enough without the added stress of finding the right attorney to guide you through it. You want to make sure you choose someone who’s not only knowledgeable and experienced but also a good fit for your personality and needs.
Here are a few key things to consider when choosing a Franklin family law attorney:
1. Experience
Look for an attorney who has a proven track record in family law cases, particularly in the specific area you need help with (divorce, custody, adoption, etc.).
2. Local expertise
Family law can vary significantly from state to state, and even from county to county. Choose an attorney who’s familiar with the laws and courts in Franklin, TN.
3. Communication style
You’ll be working closely with your attorney, so it’s important to find someone who communicates clearly, listens attentively, and keeps you informed.
4. Personality and approach
Every attorney has their own style. Some are more aggressive, while others are more collaborative. Choose a Franklin family law attorney whose approach aligns with your personality and preferences.
5. Fees and payment options
Be sure to discuss fees upfront and understand how the attorney bills for their services.
Don’t Be Afraid to Ask Questions
It’s perfectly okay to interview several attorneys before making a decision. Here are some questions to ask:
- How long have you been practicing family law?
- What’s your experience with cases like mine?
- How do you typically handle communication with clients?
- What are your fees and payment options?
- What’s your philosophy on resolving family law disputes?
Choosing the right Franklin family law attorney can make a world of difference in your case. Take your time, do your research, and trust your gut.
Working with Your Franklin Family Law Attorney
Think of your first meeting with your attorney as a brainstorming session. It’s a chance to share your story, ask questions, and get a clear understanding of the legal road ahead. To make the most of this meeting, come prepared with:
- Relevant documents: This might include marriage certificates, birth certificates, financial statements, or any court orders you already have.
- A timeline of events: Having a clear chronology of the key events in your case can be incredibly helpful for your attorney.
- A list of questions: Don’t be shy about asking anything that’s on your mind. The more information you have, the better equipped you’ll be to make informed decisions.
Throughout your case, it’s crucial to maintain open and honest communication with your Franklin family law attorney. Keep them updated on any new developments, and don’t hesitate to reach out with questions or concerns.
Also remember that legal cases can take time, and there are no guaranteed outcomes. Your family lawyer will provide you with realistic expectations and help you navigate the uncertainties of the legal process.
Call an Experienced Franklin Family Law Attorney to Discuss Your Family Law Questions
Family law matters often come tangled with knots of emotions, legalities, and what-ifs. But with the right guidance, you can unravel those knots and find a path forward. Durak Law takes pride in having experienced and knowledgeable Franklin family law attorneys. You can count on us to resolve issues with divorce, custody, adoption, or any other family law challenge.
Ready to take the next step? Feel free to reach out to us today. Call us at (615) 812-2829 to schedule a free consultation.
