Divorce is a difficult subject. Tennessee does not have a true "No Fault Divorce" law. However, Tennessee is moving toward a mandatory mediation model of divorce, and Mr. Hamilton is prepared to advise and guide you through the mediation process.
Mr. Hamilton has served hundreds of clients in their divorce or post divorce matter. He drafts prenuptial and postnuptial agreements. He litigates in the areas of child support, child custody and visitation, and other post divorce matters. Spouse support and property division are the core of most litigated divorces in Tennessee, followed closely and often entwined with child residential custody issues.
Child Support, Tennessee is an income shares model, and Child Visitation issues are the most litigated post divorce issues. Visitation is controlled today, generally, by the parties entering into a Permanent Parenting Plan. The law begins from the proposition that the parents are equal and gender of the parent is not to be considered by a court. If the parties can not agree, the Court will make the decision. An attorney assistance is critical at the beginning because once entered the law requires that a material change in circumstance exist to change a Permanent Parenting Plan. Especially difficult are the cases involving sex offenders and non-custodial children. Tennessee law Child Support law and duty of support can be harsh, so harsh as that even sex crime victims may be forced to pay child support to the sexual predator.
"Grandparent Rights " is a subject of deep concern. Success can be found where the grandparents have specific concerns related to injury to the children, although pure "grandparent rights ," as set forth by statute, exists in limited form (generally where the parents have provided for the visitation within the Permanent Parenting Plan).
The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements, certification, specialization or self-proclaimed expertise. Certifications of specialization are available to Tennessee lawyers in all areas of practice relating to or included in the areas of Civil Trial, Criminal Trial, Business Bankruptcy, Consumer Bankruptcy, Creditor's Rights, Medical Malpractice, Legal Malpractice, Accounting Malpractice, Elder Law, Estate Planning and Family Law. Listing of related or included practice areas herein does not constitute or imply representation of certification of specialization. These disclosures are required by the Supreme Court of Tennessee. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.