Rice Law exclusively represents individuals and families facing various divorce and family law matters, and whether you’re facing an issue of child custody (formally known as parenting time), child support, enforcing a court order, or otherwise, you can rely on an experienced Memphis, Tennessee family law attorney from our firm to fight for you. Contact Rice Law today to learn more about what we do and how we can assist you.
Rice Law believes that everyone facing family law matters deserves an attorney who cares about long-term solutions. In many ways, family law is all about the long term. A child custody order brought forth today will impact your child for years down the road. A case involving domestic violence could potentially save a victim’s life. This is why at Rice Law, we do not take our responsibility to provide clients with top-notch legal assistance lightly. For an attorney you can count on when it matters most, reach out to Rice Law.
Rice Law proudly assists clients through a wide range of critically important family law matters, including the following:
Rice Law has fought for families in Memphis, Shelby County, and throughout the state of Tennessee for decades, and we take pride in our ability to come up with results when our clients need them most. Larry Rice, Esq., and Nick Rice, Esq. of Rice Law wrote the book on divorce that attorneys from around the United States currently recognize as the national standard, titled The Complete Guide to Divorce Practice: Forms and Procedures for the Lawyer. When facing matters of family law, the outcome of a case can impact a family financially and emotionally for years down the road, which is why you need a Memphis, Tennessee family law attorney you can depend on from the start.
Q: What are the legal grounds for divorce in Tennessee?
A: Tennessee allows both no-fault and fault grounds. The no-fault ground is irreconcilable differences. Fault grounds include: adultery; willful desertion (one year); habitual drunkenness or drug abuse; cruel and inhuman treatment; bigamy; felony conviction; attempts on life; etc.
Q: What are the residency requirements for filing for divorce in Tennessee?
A: To file for divorce, either spouse must have been a Tennessee resident for at least six months before filing. If the grounds (reason) for divorce happened outside Tennessee, one spouse still must meet the six-month residency requirement immediately prior to filing.
Q: How long does an uncontested divorce take?
A: For uncontested divorces (where spouses agree on all terms), the minimum legal waiting period is 60 days when there are no minor children. If there are minor children, the waiting period is 90 days. Most uncontested divorces are finalized within about 2-6 months, depending on how quickly paperwork is filed and court availability.
Q: What is a “marital dissolution agreement,” and when is it used in divorces?
A: A marital dissolution agreement is a written contract between spouses resolving all issues (property, support, custody, etc.) in a divorce. If properly drafted, signed, and submitted, courts can approve it, and the divorce can proceed without trial. It’s often used in uncontested divorces.
Q: What are the types of alimony (spousal support) in Tennessee, and how do courts decide which one to award?
A: Tennessee law provides four types of alimony: periodic alimony (alimony in futuro), transitional, rehabilitative, and lump-sum (alimony in solido). Judges consider factors like each spouse’s income and expenses, length of marriage, age, health, earning potential, property division, and the standard of living during the marriage.
Q: Can either spouse request alimony, regardless of gender?
A: Yes. Under Tennessee law, either spouse can request alimony (spousal support), regardless of gender. The key is whether one spouse has a need and the other has the ability to pay, not based on traditional gender norms.
Q: What is required in a permanent parenting plan for child custody?
A: A permanent parenting plan is required for divorces with minor children. It must specify: decision-making responsibilities (legal custody), residential schedule (where the child lives and when), and child support. Courts expect detailed, realistic schedules, including holidays/vacations. Parents may negotiate; if not, the court will decide based on the child’s best interests.
Q: How is child support calculated, and when can it be modified in Tennessee?
A: Tennessee uses child support guidelines that take into account each parent’s income, number of children, parenting time/residential schedule, and insurance/healthcare costs. If there is a significant variance in income or changes in circumstances (e.g. job loss, change in custody), a parent can petition for modification.
Q: What legal rights do parents and children have regarding relocation after a divorce in Tennessee?
A: If a parent wishes to move (relocate) with a child after divorce, Tennessee law requires notice, and courts consider how the move will affect parenting time, custody, schooling, and the child’s best interest. The court may modify custody or visitation if the move significantly impacts existing arrangements.
Q: What is post-judgment modification in Tennessee for family law orders (custody, support, visitation)?
A: After a final order (judgment) for child support, custody, visitation, or alimony, either party can request modification if there is a substantial and material change in circumstances (such as a change in income, health, or relocation). They must file a petition showing why the existing order is no longer appropriate under current conditions.
Q: What is divorce mediation, and is it required or optional in Tennessee?
A: Divorce mediation is a process where spouses attempt to resolve contested issues (custody, property, support) with a neutral mediator, outside of trial. In Tennessee, many courts require mediation before trial, unless waived (e.g. by written agreement like a marital dissolution agreement, or for other legal reasons). Mediation can speed up a divorce and reduce costs.
Q: What are the effects of domestic violence in Tennessee family law cases (divorce, custody, support)?
A: Allegations of domestic violence can influence divorce grounds, custody and visitation decisions, protection orders, and may affect property division or alimony awards. Courts prioritize child and spousal safety; domestic violence may be considered in determining who is awarded primary residential parent status.
Whether you’re currently going through a divorce and are concerned about the future of your children, you’re looking to update the terms of your divorce, or you have any other family law matter you need assistance with, you can rely on Rice Law to fight for you. Contact us today to schedule your initial consultation with our firm.
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