Family Law/Juvenile Law

Fuson Law P.C. handles many different aspects of family law such as Divorce, Child Custody, Child Support, Contempt (Civil and Criminal) and Alternative Dispute Resolution methods.

It is difficult to think or know that your marriage is “over” and it is very taxing when you feel you have tried everything and you have no other options. This is when you need to take the time to seek assistance from an experienced family lawyer. I will take my time with you and explain step by step what your options are and how we can best move forward with resolving your concerns.

If you have already been through a divorce or where never married, and have child custody and visitation issues, hire an experienced family law attorney. At Fuson Law, we will sit down with you, examine the existing order and current dilemma, and come up with an strategy to meet your expectations. For most people, fighting for your children is one of the hardest fights you will face in your life, do not do it alone, hire an experienced attorney.

Grounds for Divorce

Often times the parties can agree on the terms of the divorce and child custody issues and wish to have an uncontested divorce. This is called “Irreconcilable Differences” and is Tennessee’s version of a no-fault divorce.

If the parties are unable to agree on the terms of the divorce, then one party must establish grounds for the divorce. In Tennessee, under Tenn. Code Ann. 36-4-101:

Grounds for divorce from bonds of matrimony. —

(1)  Either party, at the time of the contract, was and still is naturally impotent and incapable of procreation;

(2)  Either party has knowingly entered into a second marriage, in violation of a previous marriage, still subsisting;

(3)  Either party has committed adultery;

(4)  Willful or malicious desertion or absence of either party, without a reasonable cause, for one (1) whole year;

(5)  Being convicted of any crime that, by the laws of the state, renders the party infamous;

(6)  Being convicted of a crime that, by the laws of the state, is declared to be a felony, and sentenced to confinement in the penitentiary;

(7)  Either party has attempted the life of the other, by poison or any other means showing malice;

(8)  Refusal, on the part of a spouse, to remove with that person’s spouse to this state, without a reasonable cause, and being willfully absent from the spouse residing in Tennessee for two (2) years;

(9)  The woman was pregnant at the time of the marriage, by another person, without the knowledge of the husband;

(10)  Habitual drunkenness or abuse of narcotic drugs of either party, when the spouse has contracted either such habit after marriage;

(11)  The husband or wife is guilty of such cruel and inhuman treatment or conduct towards the spouse as renders cohabitation unsafe and improper, which may also be referred to in pleadings as inappropriate marital conduct;

(12)  The husband or wife has offered such indignities to the spouse’s person as to render the spouse’s position intolerable, and thereby forced the spouse to withdraw;

(13)  The husband or wife has abandoned the spouse or turned the spouse out of doors for no just cause, and has refused or neglected to provide for the spouse while having the ability to so provide;

(14)  Irreconcilable differences between the parties; and

(15)  For a continuous period of two (2) or more years that commenced prior to or after April 18, 1985, both parties have lived in separate residences, have not cohabited as man and wife during such period, and there are no minor children of the parties.

(b)  A complaint or petition for divorce on any ground for divorce listed in this section must have been on file for sixty (60) days before being heard if the parties have no unmarried child under eighteen (18) years of age, and must have been on file at least ninety (90) days before being heard if the parties have an unmarried child under eighteen (18) years of age. The sixty-day or ninety-day period shall commence on the date the complaint or petition is filed.

• Inappropriate Marital Conduct consists of wrong doings such as abuse, whether physical or emotional, illegal drug use, anger issues, controlling behavior, porn addiction, and/or any other wrong doings that may be deemed as cruel and inappropriate for a spouse.

Divorce

Contested with/without children, Uncontested with/without children

Child Custody

Child Custody, Post Divorce, Establishing paternity, Modification of custody, Establishing Parenting plans, Termination of parental rights, and Juvenile Court custody disputes.

Child Support

Setting child support, Modifying child support, Child support deviations (meaning altering child support due to certain situations), and Child support contempt (civil and criminal).

Spousal Support and Modification of Spousal Support

Not all cases will involve spousal support or alimony. Alimony is the responsibility of one spouse to financially support the other spouse either on a temporary or permanent basis. This is decided on a case-by-case basis and can be agreed upon by the parties or ordered by a judge or jury.

Listed below are the four types of alimony that the State of Tennessee supports:

Transitional Alimony – alimony designed to transition a spouse from married life to single life.

Alimony in futuro, – alimony designed for money to be paid regularly by one marriage partner to the other as ordered by the court and continues until the receiver dies or remarries.
Alimony in solido – this alimony is called the lump sum alimony, this alimony is based on home equity, assets, stocks, bonds, money markets, etc.

Rehabilitative alimony – this alimony is designed for one spouse to receive payment from the other spouse until the receiver can become independent.

Contempt

Contempt is the act of deliberately failing to obey or respect the authority of a court of law. When filing for contempt in a court of law, it is designed to re-enforce a previous order. If this contempt is founded then the Defendant either has to follow the order handed down from the court or chance being put in jail, or the Defendant may receive a direct “go to jail” card without being given that second chance.

Defending criminal contempt charges are the same as defending a criminal case. You need representation. I also defend civil contempt charges and I will file contempt charges on your behalf whether civil or criminal.

Mediation / Informal Domestic Dispute Resolution

Mediation is mandated by Tennessee Law and enforced by most courts. It means working with both sides in an attempt to help them reach a settlement or agreement between both parties without the necessity of a trial.

Prenuptial and Postnuptial Agreements

Prenuptial agreements can protect your financial interest in the future should your spouse pass away or should you divorce.

Postnuptial agreements usually defend against issues that occur during your divorce.