Family Law

Who Can File for an Order of Protection?

A person may seek an order of protection if they have been harmed, threatened, or harassed by:

• A current or former spouse
• A family member (including parents, siblings, or children)
• A cohabitant (someone they live or have lived with)
• The parent of their child
• A dating partner
• An individual who has stalked or sexually assaulted them

Types of Orders of Protection

1. Temporary (Ex Parte) Order – Issued immediately if a judge believes the petitioner is in imminent danger. This order is effective until a full court hearing is held.
2. Extended Order of Protection – Granted after a hearing where both parties can present evidence. These orders can last up to one year and may be renewed.
3. Lifetime Orders – In cases of serious crimes such as felony assault or aggravated stalking, lifetime orders may be issued.

Consequences of Violating an Order

Violating an order of protection is a Class A misdemeanor in Tennessee, punishable by up to 11 months and 29 days in jail and fines up to $2,500. Additional violations can result in harsher penalties.

If you need help obtaining or defending against an Order of Protection, the Ooten Law Firm is here to provide strong legal representation. Contact us today for a consultation.

Tennessee Divorce Law: What You Need to Know

Divorce can be a difficult and emotional process, but understanding Tennessee divorce law can help you navigate it with confidence. At Ooten Law Firm, we provide experienced legal representation for individuals seeking divorce, ensuring that their rights and interests are protected.

Grounds for Divorce in Tennessee

Tennessee allows for both fault-based and no-fault divorce. A no-fault divorce is based on irreconcilable differences, meaning both spouses agree the marriage cannot continue. Alternatively, a fault-based divorce may be granted on grounds such as:

• Adultery
• Abandonment
• Substance abuse
• Domestic violence
• Inappropriate marital conduct

Key Aspects of the Divorce Process in Tennessee

1. Residency Requirements – At least one spouse must have lived in Tennessee for six months before filing for divorce.
2. Property Division – Tennessee follows equitable distribution, meaning assets and debts are divided fairly but not necessarily equally. Courts consider factors like financial contributions, length of the marriage, and earning potential of each spouse.
3. Child Custody & Support – Courts prioritize the best interests of the child when determining custody arrangements and child support. Tennessee uses a parenting plan to outline responsibilities and time-sharing.
4. Spousal Support (Alimony) – Alimony may be awarded based on the financial needs of one spouse and the other spouse’s ability to pay. Factors such as length of marriage, earning capacity, and lifestyle are considered.

Divorce can be legally and emotionally complex, but having the right attorney can make all the difference. If you are considering divorce in Tennessee, Ooten Law Firm is here to provide skilled legal guidance. Contact us today for a consultation.

Tennessee Alimony Laws: What You Need to Know

Alimony, also known as spousal support, is financial assistance that one spouse may be required to pay the other after a divorce. In Tennessee, alimony is not automatically granted but is based on factors such as the financial needs of one spouse and the other spouse’s ability to pay. At Ooten Law Firm, we help clients navigate Tennessee alimony laws to ensure a fair outcome.

Types of Alimony in Tennessee

Tennessee law recognizes four types of alimony:

1. Rehabilitative Alimony – Designed to help a lower-earning spouse gain education, training, or employment to become self-sufficient.
2. Transitional Alimony – Awarded for a set period to help a spouse adjust financially after divorce, especially if they do not need rehabilitation.
3. Alimony in Futuro (Periodic Alimony) – Long-term or permanent alimony, typically awarded in cases where one spouse cannot become self-sufficient due to age, disability, or other factors.
4. Alimony in Solido (Lump-Sum Alimony) – A fixed amount paid in installments or as a one-time payment, often used to equalize property division.

Divorce can be legally and emotionally complex, but having the right attorney can make all the difference. If you are considering divorce in Tennessee, Ooten Law Firm is here to provide skilled legal guidance. Contact us today for a consultation.

Factors Affecting Alimony Awards

Tennessee courts consider multiple factors when determining alimony, including:

• Length of the marriage
• Financial needs and resources of each spouse
• Earning capacity and education levels
• Contributions to the marriage, including homemaking and child-rearing
• Age and health of both parties
• Standard of living established during the marriage

Modifying or Terminating Alimony

Some types of alimony can be modified or terminated due to changes in circumstances, such as remarriage or a significant change in income.

If you are seeking alimony or defending against an unfair claim, the Ooten Law Firm can help protect your financial future. Contact us today for a consultation.

Tennessee Child Custody and Support Laws

When parents divorce or separate, child custody and support become critical legal matters. Tennessee courts prioritize the best interests of the child when determining custody arrangements and child support obligations. At Ooten Law Firm, we help parents navigate the legal system to secure fair custody agreements and support orders.

Child Custody Laws in Tennessee

Tennessee recognizes two types of custody:

• Legal Custody – The right to make major decisions about the child’s education, healthcare, and upbringing.
• Physical Custody – Determines where the child primarily lives and how parenting time is shared.

Courts encourage joint custody when possible, but one parent may be granted primary residential parent (PRP) status, with the other receiving parenting time. Factors considered in custody decisions include:

• The child’s emotional and developmental needs
• Each parent’s ability to provide a stable home
• The child’s relationship with each parent
• Any history of domestic violence or substance abuse
• The child’s preference (if mature enough)