Family Law

The McKellar Law Firm PLLC

Law Office Of

865-566-0125 | 865-566-0126 (fax)

At The McKellar Law Firm, PLLC, we handle all aspects of Tennessee family law, including antenuptial
and postnuptial agreements, divorce, legal separation, child custody issues, child support, paternity actions, termination of parental rights, and defense of actions initiated by the Department of Children’s Services.

We are aggressive and strive to be understanding and compassionate in a legal arena that is fraught with intense emotional issues that touch on the most highly personal issues in an individual’s life.

At this firm, we understand that it is our job to help steer you through the litigation process and to help you make rational, practical decisions that will be of the greatest benefit to you, your children, and your financial well-being.

DIVORCE

Divorce is never a pleasant experience and the decision to file for divorce is often a complicated one. The practical, emotional, and financial issues involved in any divorce action can be overwhelming, however, in certain cases, people find that a divorce is necessary in order to lead a better and more peaceful life. When there is no possibility of reconciliation between spouses, we are here to help guide you through the divorce process in as dignified a manner as possible.

In Tennessee, there are two ways in which a couple can be divorced. You and your spouse can file an uncontested divorce action or one of you can initiate a contested divorce action. If you and your spouse wish to file an uncontested divorce action, you must have agreed on both the division of your property and debts. If there are children involved, you must have agreed to all co-parenting issues prior to filing for divorce.

A Marital Dissolution Agreement will also be prepared that sets forth your agreement regarding the division of your marital property and debt. If the parties have children together, they must enter into a Permanent Parenting Plan that provides for the care, custody and financial support of their minor children. Once both parties have the documents, the papers will be submitted to the Court and the mandatory waiting period will begin to run sixty [60] days if there are no minor children involved, ninety [90] days if there are minor children involved.

Once the waiting period has expired, a court date may be set. Only the Plaintiff needs to appear at the Final Hearing, and it is not necessary to have any witnesses in an irreconcilable differences divorce. After a short hearing, a divorce should be granted that day and the Final Decree of Divorce will be final after the thirty (30) day appeal period has run. During that thirty (30) day period you are divorced, however, since the decree is not yet final, we urge our clients not to remarry until this time period has expired.

A traditional contested divorce action is necessary when the parties cannot agree on an issue, such as the division of property or debt, alimony, co-parenting of the children, child support, or attorneys’ fees. In this event, grounds for divorce must be alleged in the Complaint and proven (or stipulated to) at the Final Hearing or Trial.

There are several grounds for divorce in Tennessee and the Court must find that one or both parties are entitled to a divorce on one of these grounds. In the event that your spouse has accused you of one of these grounds for divorce, there are a couple of defenses available (other than the allegation simply being unfounded or untrue).

LEGAL SEPARATION

Legal separation is a popular idea but is not commonly used. This is because there are several issues that make a legal separation impractical for many people. The process of obtaining a legal separation is typically no less painful or divisive than obtaining a divorce. In fact, the legal process is nearly identical. Grounds must be proven, property must be divided, co-parenting issues must be hashed out, and child support and/or spousal support must be awarded. If you are not ready to be divorced, it is our advice to seek marriage counseling either with a licensed therapist or with a trusted and unbiased religious counselor.

We do not recommend that you file for legal separation with the hope that the marriage will eventual reconcile. However, if you and/or your spouse are religiously opposed to divorce and do not wish to sever the bonds of marriage but need to reside apart, we will help you to navigate the legal separation process as aggressively and compassionately as we would the divorce process.

PATERNITY ACTIONS

Whether you are a father who is being denied the right to see your child or a single mother who is struggling to raise a child with little or no support from the child’s biological father, a paternity action may be needed to rectify either of these situations. For Fathers: In Tennessee, the biological mother of a child is automatically recognized as the child’s legal parent and custodian. However, if the parents of a child are not married, the biological father of the child must take affirmative legal action to establish his right to be a parent. That action is taken by filing a Petition to Establish Paternity and Co-Parenting Schedule.

Once paternity is established (either by agreement of the parties or by DNA testing), the parties may either agree to a co-parenting schedule or ask the Court to set a schedule. Child support issues will also be determined in these proceedings.

As a father, you have as much right to be a parent to your child as the mother; however, the law requires that you assert those rights in a court of law. Our firm can help you establish your legal rights to the child you deserve to parent and can help you determine your financial obligations to the child as well. We strongly recommend that fathers take immediate action to establish their parental rights rather than waiting to see "if we can just work it out."

Without a court order, you are at the mercy of the birth mother, who will be able to decide when, where, and under what conditions you are able to see your child. It is advisable to assert your legal rights at the beginning so that you may both begin to learn how to parent together as a team.

For Mothers: In Tennessee, you are automatically recognized as the child’s legal parent and custodian upon the child’s birth. However, this also means that until you take legal action, you are also solely responsible for the financial support of the child. In the event that the child’s biological father is not making voluntary child support payments, you must file a Petition to Establish Paternity and Set Child Support in order to make him legally obligated to do so. His paternity must be established by agreement or by DNA testing, if necessary.

Once paternity is established, the Court will require proof of income from both parties so that the correct amount of child support can be determined. Be advised that when you file a paternity action, the father is entitled to file a counter-petition asking the Court to establish a co-parenting schedule. The state of Tennessee recognizes that the child is entitled to have the financial support of both parents as well as the care and emotional support of both parents. It is advisable that you work together with the father whenever possible in order to give the child the benefit of all that both of you have to offer.

CHILD CUSTODY ISSUES

Whether your custody problem arises out of divorce, a post-divorce issue, a paternity action, or from being a third-party caretaker of a child that is not biologically your own, there are several different forms that a custody action may take. Is the mother or father of your child neglecting or harming the child while in his or her care? Are you a grandparent that has been the exclusive caretaker of your grandchild for the majority of his or her life and are now being cut out of that child’s life by an unstable parent? Has your sister/brother/neighbor left a child in your care and disappeared? Has the Department of Children’s Services made false allegations regarding the care of your child, and removed him or her from your home?

At The McKellar Law Firm, PLLC, we understand that your children are the most important and cherished people in your life. We will work diligently to help you protect them and raise them in a manner that is in their best interests.

ANTENUPTIAL AND POSTNUPTIAL AGREEMENTS

Although every individual enters a marriage with the intention of living together as a married couple "until death do us part," we understand that certain people have cause to protect themselves and their assets in the unfortunate event of a divorce. Whether your decision to enter into a nuptial agreement is because you have a substantial amount of assets that need to be protected or because you have had a bad divorce experience in the past, we will help you to enter into an agreement that will provide you and your assets with the utmost protection allowable under the law.

Bear in mind that if you feel that nuptial agreement would be to your benefit, it is best to have the agreement executed prior to the wedding. In Tennessee, postnuptial agreements are much more difficult to enforce than the more favored antenuptial agreement. Regardless of your issues or concerns, The McKellar Law Firm PLLC, is dedicated to helping you.

Please contact us today so that we may protect your rights. Please be aware that the law in Tennessee is constantly changing and the information supplied on this site is not to be used in lieu of seeking legal advice directly from an attorney. If you have a specific question or would like to speak with an attorney discuss your case, please call our office for a free consultation so that we may address your unique legal situation.

Family Law

When child custody and the welfare of your family is at stake, you need to consult with a competent attorney

to advise you of your rights.

The McKellar Law Firm, PLLC

603 Main Street Suite 405

Knoxville TN 37902

865-566-0125

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