One of the most difficult and sensitive areas of law is that which impacts families. For many folks, this may be the first time they step foot in court. Legal issues related to families are typically emotional, and there may also be financial concerns hanging in the balance. Before any decisions are made in these cases, it can be wise to seek the counsel of a Gallatin family lawyer who can help make you aware of your rights.
At Phillips | Ralston, our firm has been assisting families all over Gallatin through various complex legal matters since 1977, whether they’re just down Nashville Pike or on the other side of town. With years of experience handling cases in the courtroom, we have the understanding necessary to offer you the upper hand in many of these situations.
We know just how difficult these cases can be and are here to offer you the compassionate care and counsel you and your loved ones deserve.
Common Issues of Family Law in Gallatin, Tennessee
In Tennessee, state statutes govern various aspects of family law, including issues like divorce, marriage, child custody, child support, asset division, and spousal support. It is important to understand these different issues and how they might relate to your case. The most common areas of family law in Gallatin, Tennessee that the attorneys at Phillips | Ralston can assist with include:
- Divorce. In 2022, Tennessee saw a divorce rate of 3.0 per 1,000 residents. Divorce is the most common area of family law and also one of the most difficult. No one gets married planning for a divorce sometime in the future, yet these situations happen every day. Tennessee lays out several legal rounds for divorce, however there are two main types of divorce that can occur, including:
- Contested divorce. This kind of divorce occurs when the couple seeking the marriage dissolution cannot agree on certain issues contained with their divorce, such as child custody, child support, or the division of marital property. In these cases, a lawyer is vital as the couple will need to go before a judge who will then determine how these issues will be settled.
- Uncontested divorce. In an uncontested divorce, the couple is able to reach an agreement when it comes to the issues of their divorce, such as spousal support or alimony, property division. However, having an attorney on your side is still a good idea as conflicts can arise and an uncontested divorce can swiftly become contested.
- Marital property division. In Gallatin, when a couple seeks a divorce, they will need to decide how their marital assets are divided. Tennessee works to divide these assets and properties, along with any marital debt, equitably between the couple, but not necessarily perfectly 50/50. It is vital that an attorney is hired so that your interests can be protected and any assets you are entitled to are divided in an equitable manner. Assets can include:
- The marital home
- Vehicles
- Other real estate holdings
- Business interests
- Bank accounts
- Retirement accounts
- Art collections
- Child custody. If you are in the midst of a divorce or are establishing parentage for a child who has been born out of wedlock, a common issue in family law is that of child custody. When the parents are unable to reach an agreement regarding the custody of their child on their own, they will need to look to the courts to make this decision for you. A judge will take factors into account to deem what is in the best interest of the child, including:
- How the individual parents will be able to provide for their child’s needs
- The love, emotional ties, and affection that exist between the individual parents and their child
- The stability that each parent can offer the child
- The mental and physical well-being of the parent
- If there is any evidence of physical or mental violence or abuse on part of either parent
- If there is any history of substance abuse on part of either parent
- Child support. In Tennessee, both parents of minor children are responsible to provide for the financial needs of their children, whether that be meeting needs for items such as food, clothing, education, or shelter. In divorce cases involving minor children or in paternity cases, one parent may be obligated to pay the other parent for the support of their child. These support payments can be calculated by:
- The number of children involved in the case
- The total amount of the parents’ combined gross income
- Visitation rights. In Gallatin, whether you are fighting for your rights to visitation with your child or are fighting against the rights of your co-parent, the team at Phillips | Ralston can help you. We understand how deeply emotional child visitation rights cases can be and are here to offer you the legal support and guidance you need.
- Alimony. In a divorce case, one spouse–typically the lower earning spouse–may seek support or alimony from the high-earning spouse. Spousal support awards can be given on a temporary or permanent basis, depending on factors like the length of the marriage and the mental condition or age of each party, along with their earning capabilities.
- Prenuptial or postnuptial agreements. For some couples in Tennessee, creating a prenuptial or postnuptial agreement is essential. These documents, typically seen as “unromantic” should be established without any shame as they can actually work to protect you and your future spouse in the event of death or divorce.
- Paternity actions. In Tennessee, paternity, or the determination of who is the legal father of a child, is established right away if the parents are married to one another. However, if they are not married, then paternity must first be established before the father can be added to the birth certificate.
Experience You Can Trust. Speak with a Phillips | Ralston
attorney today.
Speak with a Trusted Family Lawyer in Gallatin Today
If you are facing a legal issue regarding family law, the team at Phillips | Ralston is here for you. Whether you are facing a divorce case, or a matter of child custody or child support, our team is here to offer you the compassionate care and counsel you deserve. Contact our offices today to learn more about our family law services and to schedule an initial consultation with our team.
