Domestic Relations

McDonald, Levy, Taylor and Crotwell have always had an active practice in domestic relations. In particular, Marty McDonald has handled and tried numerous domestic cases. Our goal is to provide our clients with personal, caring representation while attaining the best possible outcome for our client. This is often accomplished through skilled negotiation. As a Rule 31 Certified Mediator by the Tennessee Supreme Court, Mr. McDonald is skilled in the negotiation and mediation process. Unfortunately, not all cases can be uccessfully settled. In such cases, our firm has the experience and skill necessary to properly try your case.


Our firm handles all types of domestic cases including:


There are two (2) basic routes one can take in order to obtain a divorce in Tennessee. One is a no-fault divorce based upon the grounds of irreconcilable differences. To obtain an irreconcilable differences divorce in Tennessee, it is necessary that you and your spouse enter into a property settlement agreement. Additionally, if you have children, it will be necessary for you to enter into a Parenting Plan which will provide for co-parenting time for each parent and child support. Normally, we prepare these documents after you and your spouse have reached an agreement. Once the divorce is filed, there is a sixty (60) day waiting period before the divorce can be granted when you do not have minor children. In the event you have minor children, there is a ninety (90) day waiting period. The spouse filing the divorce will need to attend the final divorce hearing. In an irreconcilable differences divorce, it is not necessary for you to bring any witnesses. The divorce will become final thirty (30) days after the final order is entered. During that thirty (30) day period, you are divorced; however, since the decree is not final, you should not remarry.


The other method to obtain a divorce is through the traditional means of filing on grounds such as inappropriate marital conduct, adultery, desertion, etc. Under this method, a Complaint is prepared which you sign, and is served upon your spouse. The spouse will have thirty (30) days in which to respond to the Complaint. In the event the whereabouts of your spouse is unknown, service may be obtained through publishing a notice in a local newspaper.


In any divorce based on grounds other than irreconcilable differences, it will be necessary that you prove your grounds by testimony in open court. In addition, the court normally requires at least two (2) witnesses appear to corroborate your testimony. At the final hearing, the court will make a decision as to the matters of co-parenting time, child support, alimony, and division of property. In the event it is necessary, a court often has a temporary hearing called a pendente lite hearing for the questions of temporary support, temporary alimony, temporary attorney’s fees, and temporary co-parenting time, during the pendency of the divorce case. This is not a final hearing. The court’s decision is only in effect until the final hearing. It is just an initial determination made with a minimum amount of proof. The most frequent reason to have a pendente lite hearing is to determine temporary child support until the divorce is granted.


In some cases it is desirable to have an order of protection or an injunction issued to prohibit your spouse from undertaking certain activities such as physically abusing you, destroying property, or taking the children from your custody. In order to obtain an injunction or an order of protection, it is necessary that sufficient allegations be made in the pleadings. If those allegations are proven, the court will normally grant the injunction or order of protection.


When it is apparent that you are planning to file for a divorce, we often recommend that a client take certain precautions to protect their interests. It is often desirable to withdraw a certain amount of monies from any joint checking or savings accounts which your spouse may have access to so that you will be insured of having funds for living expenses during the pendency of the divorce. In addition, we suggest that you take the necessary steps to prevent your spouse from incurring any additional debt on any joint accounts, i.e., credit cards, home equity loans, etc. Before taking any of the actions described herein, you should consult with your attorney. In these cases, you will be required to explain and prove to the court, that you did not waste these funds.


A divorce based upon irreconcilable differences is certainly the preferable means of obtaining a divorce if you and your spouse are able to reach an equitable property settlement agreement. The legal fees that you and your spouse will incur in a contested divorce are substantially more compared with the minimal charges for divorces based on irreconcilable differences. In addition, you and your spouse can normally reach a more equitable property settlement than the court will make for you.


Frequently Asked Questions in Divorce Cases

Q: Should I be represented by a lawyer?


A: Parties are allowed to represent themselves in Tennessee. There is a saying among lawyers that a person who represents himself has a fool for a client. This can be especially true in a complex divorce case. Issues of division of property, child co-parenting time, child support, and alimony are complicated and, without a strong legal background, one should not attempt to resolve those matters themselves.


Q: How should I find a qualified divorce lawyer?


A: One of the methods of finding a divorce lawyer is to ask another lawyer for referrals. The lawyer can give you some ideas about lawyers who have good reputations. Certainly, factors that you should consider when hiring a lawyer is your confidence in that lawyer, his experience, his accessibility, his responsiveness, his compatibility, his style, his negotiation skills, his reputation and, of course, his fees.


Q: Can one spouse move to a different state to get a divorce?


A: Yes. If the person meets the requirements for residency they may file for divorce in that state.


Q: How long must I have lived in Tennessee prior to filling for divorce in a Tennessee court?


A: Tennessee law requires that the acts complained of must have been committed while the plaintiff was a resident of the state. If acts complained of were committed outside of Tennessee and the plaintiff resided outside of the state at the time, either of the parties must have resided in Tennessee for six (6) months prior to the filing of the petition.


Q: Are there any waiting periods associated with a divorce?


A: Divorces filed upon the grounds of irreconcilable differences require that there be a sixty (60) day waiting period between time of the filing of the petition and the hearing of the divorce, if the parties have no minor children. If the parties have minor children, the Tennessee law requires a ninety (90) day waiting period between the filing of the petition and the hearing of the divorce. Divorces on other grounds are to be set by the court according to the availability of the judge.


Q: What is meant by "grounds for divorce?"


A: A "ground" for divorce is a "reason" for divorce. The State of Tennessee has recognized reasons for divorce. You must use one or more of these reasons to justify your divorce.


Q: What are the recognized grounds for divorce in Tennessee?


A: Tennessee law permits divorces based on irreconcilable differences between the parties. Additional grounds include; impotency, bigamy, adultery, desertion, conviction of a felon; sentence of imprisonment, conviction of an infamous crime, pregnancy of the wife without the husband’s knowledge by one other than the husband, physical cruelty, addiction to drugs or alcohol, inappropriate marital conduct and abandonment. In Tennessee you may also stipulate that grounds for a divorce exist, and, then, you and your spouse will not have to prove the grounds.


Spousal Support/Alimony

Q: What does the term "spousal support" (or, "alimony") mean?


A: "Spousal Support" (sometimes called "alimony") is money paid by one spouse to the other due to the payee spouse’s loss of the payor spouse’s income due to the divorce.


Q: Is spousal support available while the divorce is pending in court, or only after the divorce has become final?


A: Spousal support can be awarded during the pendency of the divorce. Support awarded pending the final decree of divorce is temporary and not extended beyond the period of time necessary for the prosecution of the divorce action.


Q: What factors will the court consider when determining how much alimony to award to a party?


A: The courts may award alimony to either spouse. Alimony may be periodic, lump sum, or rehabilitative. Some of the factors that the court considers in determining the amount and term of alimony includes:


Property Division

Q: On what basis does the court decide how marital property is to be divided?


A: The division of property is to be equitable without regard to fault which means that it should be fair, but not necessarily equal. The court considers the following factors in dividing the parties’ property:


Q: Is the "separate property" of one spouse subject to being divided up?


A: Generally, separate property acquired before the marriage or by gift or inheritance during the marriage may be excluded from the marital estate if neither the property nor the income has been used for the common benefit of the parties during their marriage.


Q: What if the parties occasionally use an item of separate property (for example, silver table utensils inherited by the wife) for the benefit of both parties?


A: The property may be subject to division. Where the parties regularly use property acquired by one party before marriage common benefit of the parties, it is more likely to be available for consideration in dividing property. The frequency of use may be considered by the court in making the decision.


Co-Parenting Time

Q: What is co-parenting time?


A: This is the time that each party will be allowed to "parent" (have custody) the children.


Q: If the parents cannot agree on co-parenting time, on what basis will the court decide?


A: Tennessee courts will decide the issue of co-parenting based upon best interests of the child. In determining the best interests of the child, the court must consider the child’s reasonable preference for custody. The court shall consider relevant factors including the following where applicable:


Child Support

Q: What is "child support?"


A: Child support is money paid by the one parent to the other parent in order to meet the needs of the children.


Q: To what should the parties look for guidance regarding amount of child support to be paid? What standard will the court use if parties cannot agree?


A: The Tennessee legislature has established child support guidelines which establish the presumptive correct amount of child support. Deviation from the guidelines require a specific finding by the court that application of the guidelines would be unjust or inappropriate and such findings must be included in the judgment.