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Post-Divorce Matters

Post divorce cases are just that, cases after a divorce. Freeman and Fuson spend a large part of their family law practice handling post divorce litigation. These cases usually begin with the filing of a Petition. Common post divorce cases involve enforcement or modification of a previous Final Decree, Marital Dissolution Agreement or Permanent Parenting Plan. Mark and Joseph have spent years drafting these documents, consulting with clients about the contents of these documents, and are familiar with how to enforce and/or modify them. Mark and Joseph will consult with the client, gather all the necessary documents, and develop a game plan to either enforce or modify the documents.

Substantial, Material And Unforseeable Change In Circumstances

In Tennessee, a party must show a substantial and material change in circumstances before the Court will modify an Order. The party must also show that the change was unforeseeable at the time the parties entered into the original agreement or Order. When a Petition to Modify Custody is filed, the parent seeking the modification has the burden of showing that the substantial and material chance has occurred. However, the parent is also required to show that a change in custody is in the child’s best interest. It is a threshold inquiry as to whether a substantial and material change has occurred. Only after this has been determined will the court examine if the modification would be in the best interest of the child.

Hiring a knowledgeable lawyer who understands how to develop this argument before the Court is imperative. Mark and Joseph have been successful in pursuing and defending these modification cases. Call either of them to discuss your case and let them explain how they would handle it.

Enforcement

Once an Order is entered by the Court or an agreement is entered by the parties, it becomes enforceable. Meaning, if the other party chooses not to follow the terms, you can make them. If it is an Order or an agreement that becomes part of the Order, them the court has the power of contempt to enforce the terms of the Order. See Contempt.

Year and years of experience handling enforcement cases is what Freeman and Fuson can offer. Mark and Joseph will be efficient and effective in pursing these types of cases for you.


Client Reviews
★★★★★
I loved working with Sarah and Joey. They are very kind people who made sure I understood every step of the process. They treated me with kindness continuously and I would definitely use them again! Taylor
★★★★★
Joey is a talented lawyer who cares about his clients. Sarah his assistant is a true professional, but more than that they care about you as a person first. I would highly recommend the team. Bill Hoskinson
★★★★★
Relief! Mark Freeman is the best lawyer I have ever had. He took care of my Criminal Case in one day. Answered all phone calls and returned them all as well. He didn't hesitate to answer any of my questions. I am very thankful he had my case dropped! Not many lawyers can do that. I highly recommend him. He treats you as more so family than a client. If I ever have another case Mark Freeman will be my lawyer. Peter P.
★★★★★
Joey: Just wanted you to know how appreciative I am to be represented by such an outstanding attorney. You did an awesome job. Thank you for your help and support throughout. I have NEVER gotten so much for my money with any other attorney before. I'm looking forward to referring you as much as possible in the future. Thanks again buddy. Charles G.
★★★★★
I just want to say that Mrs. Carolanne King is the greatest lawyer I have ever had. She is truly amazing and knows how to get the job done. She walked with me through the whole court process and worked for me when everyone else said that they could not help me. I am truly grateful for the law firm of Freeman and Fuson. D.D
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