Divorce: Frequently Asked Questions and Resources
People and organizations in Tennessee providing support for traditional and same-sex families and LGBTQ individuals
Now gay and lesbian couples can enjoy the same rights and responsibilities of marriage as opposite sex couples, which includes the right to divorce. There are many organizations that exist to support the unique needs of same-sex parents who are divorcing and searching for resources to help them deal with parenting and co-parenting.
At Miller Upshaw Family Law, PLLC, we want you to have the information you need to make informed decisions about your future. Our Nashville divorce attorneys help families throughout Tennessee facing complex challenges in regard to divorce, custody and visitation, alimony and decree modifications. Here, you can find the answers to some of your most pressing questions, as well as links to various laws, statutes and resources
Common questions from our family law clients
Divorcing couples often have a lot of questions, especially when it comes to their children. Here are some of the questions we are asked the most:
- What is a parenting plan? Parenting plans outline how you and your spouse intend to raise your child after you separate or divorce. They contain detailed explanations of your custody arrangement and support payments, and may include visitation schedules, breakdowns for holidays, who will pay for health insurance, and so forth. It is best to make this plan with the help of your attorney, so nothing is left out.
- Do grandparents have rights to visitation? If the court believes that it is in the best interest of the child, he or she may grant a petition for visitation submitted by grandparents. However, if the child is adopted by a non-relative or a stepparent, those rights will end automatically.
- Can my ex-spouse move away and take my child if I don’t agree? Not without court permission. Tennessee’s parental relocation laws are very clear: if you or your ex want to move out of state, or more than 50 miles away within the state, you must give written notice no fewer than 60 days before you wish to move. If your ex files a petition in opposition, and the court agrees with the reasoning, you will not be allowed to move with your child. You may also need to modify your parenting plan.
- Can I still get custody if I didn’t marry my ex? Yes, you can. Just because two parents are unmarried does not mean they are not required to co-parent. If you are the father of the child, however, you will need to establish paternity before petitioning for parenting time or residential custody. One of you will also be required to pay child support.
For more answers to your commonly asked questions about divorce, please look here.
Statutes, laws and codes affecting divorcing couples in Tennessee
Child support is strictly regulated in Tennessee, though exceptions may be made based on specific circumstances. You can access those regulations here:
Parenting and divorce resources
- Pregnant & Parenting: Resources provided to young parents by the Tennessee Department of Children’s Services.
- Course for Parents: Online parenting classes provided by the State of Tennessee, in cases where the court has ordered parents to attend, or for parents looking for a better way to co-parent their children.
- Divorce Care: A directory of divorce support groups throughout Nashville.
- Family Legal Assistance: Resources for military families facing complex challenges from deployments and relocations, as well as the division of retirement and pension accounts, among other issues.
Same-sex parenting resources
We have compiled a list of resources to help same-sex families understand their rights when it comes to divorce and family law issues.
- Lambda Legal: National legal organization whose mission is to achieve full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people and those with HIV through impact litigation, education and public policy work.
- The National Center for Lesbian Rights:(NCLR) Advocates for lesbian, gay, bisexual, and transgender people and their families through litigation, legislation, policy, and public education.
- GLAD Legal Advocates & Defenders: GLAD is an advocate organization for the LGBTQ community, including anti-discrimination law, family law, transgender law, and HIV law, paving the way for advances across the country.
- The Next Family: The Next Family is a diverse community where modern families meet. It is the start of an on-going, open-minded and sincere dialog between urbanite families, adoptive families, in vitro parents, interracial families, same sex parents, single parents and so on. It is a way to remind people that the Next Generation of families already exists in larger numbers than the old model of a “family unit.”
- American Psychological Association Lesbian & Gay Parenting
- The Child & Family Web Guide’s Same-sex parents section
- LGBT Adoption resources
Guidance and advocacy for your Nashville divorce
The Nashville divorce and family law attorneys Miller Upshaw Family Law, PLLC are here to stand with you during the challenging process of divorce. From our office in historic Edgefield, you can see the courthouse and we offer free parking. You are welcome to call us today at 615-391-4200, or fill out our contact form to reserve an in-person or video consultation with a skilled divorce attorney. We serve clients throughout most of Middle Tennessee, including Nashville, Franklin, Hendersonville, Brentwood, Murfreesboro, Gallatin, Lebanon, Mt. Juliet, and Dickson.