Ken Lawson Law Ken Lawson Law 2026-07-22T16:12:45Z https://www.kenlawsonlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1104060/2018/11/cropped-Site-icon-32x32.png On Behalf of Ken Lawson Law <![CDATA[Why grey divorce needs a different financial strategy]]> https://www.kenlawsonlaw.com/?p=51240 2026-07-22T16:12:45Z 2026-07-22T15:54:59Z The shift from children to retirement security In a younger divorce, the court centers its decisions around the children. In a grey divorce, the priority becomes protecting long-term financial security. Tennessee courts consider factors like the length of your marriage and each spouse's contributions when dividing assets. If one spouse earned significantly less, the court may award long-term spousal support or alimony. If your marriage lasted at least 10 years, you may also qualify to claim Social Security benefits based on your spouse's earnings record. Many spouses also rely on a partner's employer-sponsored health plan well into their 50s and early 60s. After a divorce, that coverage ends. If you are not yet eligible for Medicare, the cost can significantly affect your budget.

Why Tennessee pensions demand special attention

Tennessee hosts major employers with substantial pension plans. If your career included time at TVA, Unum or BlueCross BlueShield of Tennessee, your pension may be one of your most valuable assets. The state treats income earned during a marriage as shared property, making your pension subject to division. Private pensions usually require a Qualified Domestic Relations Order (QDRO) or plan-specific order under ERISA to divide them. Government pensions follow different rules. In some cases, instead of splitting the pension, one spouse keeps it while the other receives other assets of equal value.

The social cost of grey divorce

After decades together, every financial choice can have personal consequences. Friendships, church memberships, civic groups and family relationships have all grown around your shared life. Financial decisions, especially about the family home, can affect those connections. Where you live often determines who stays close. Selling the home may mean leaving those roots behind. Keeping it brings continuity but also ongoing costs that a retired person must weigh carefully. The way you divide your property can shape your future.

Staring your next chapter with a clear plan

Grey divorce is not simply divorce at an older age. It requires a fundamentally different approach to asset division and financial planning. The decisions made during this process affect the remainder of both spouses' lives. Understanding the unique challenges of later-life divorce can help both parties move forward with clarity.]]> On Behalf of Ken Lawson Law <![CDATA[How Tennessee custody rules address parental gatekeeping]]> https://www.kenlawsonlaw.com/?p=51236 2026-07-22T14:46:25Z 2026-07-22T14:42:28Z What does Tennessee law require from both parents? Tennessee custody law includes a crucial requirement. Courts look at whether each parent supports a close bond between the child and the other parent. This goes beyond simply allowing visits. The law expects parents to promote meaningful contact. This means whether a parent encourages phone calls, shares important information and speaks positively about the other parent. Blocking communication or creating barriers may be in violation of this rule.

What is parental gatekeeping?

Parental gatekeeping happens when one parent controls or limits the other parent's access to a child. Courts look for specific patterns when reviewing gatekeeping claims. Some examples include:
  • Denying visitation without a court-approved reason
  • Making baseless claims to limit parenting time
  • Blocking the child's contact with the other parent
  • Coaching the child to fear or reject the other parent
  • Withholding medical records or school information from the other parent
  • Repeatedly scheduling activities that conflict with the other parent's parenting time
Some of these behaviors stem from genuine concern for the child. However, concern alone does not justify blocking the other parent's access. Tennessee courts require proof of real harm before limiting parenting time. Without clear evidence, a parent who restricts access can look uncooperative to the judge.

How can gatekeeping affect custody decisions?

Custody cases operate under one guiding principle: the best interest of the child. Gatekeeping sends a clear negative signal to the court. It shows that a parent is placing personal conflict above the child's well-being. If gatekeeping behaviors emerge, a judge may reduce parenting time or change the existing custody order. In some cases, the court may give primary custody to the other parent. Additionally, a gatekeeping parent may also face contempt charges, required parenting classes or court-ordered mediation.

Protecting your parenting rights

Custody decisions carry long-term consequences for both you and your child. Tennessee courts hold both parents to a high standard when it comes to co-parenting. A history of gatekeeping can follow a parent through every future court appearance. Understanding state custody requirements can help you support your relationship with your child.]]> On Behalf of Ken Lawson Law <![CDATA[Can your Hamilton County digital footprint sink your custody case?]]> https://www.kenlawsonlaw.com/?p=51232 2026-05-04T13:59:08Z 2026-05-04T13:59:08Z If you have a Hamilton County custody case pending – or you expect to file one soon – it is important to understand that your digital footprint can become a central piece of evidence for the court to consider. What you post publicly can be damning, but even seemingly private data can impact your custody case for the better or worse.   Courts in the Chattanooga area regularly see evidence pulled from location data, payment apps and message histories that paint a detailed picture of a parent’s daily life and decision-making. If your ex has concerns about your substance use, for example, they could subpoena data related to your digital footprint to substantiate their claims. Or vice versa. When it comes to one’s digital footprint, knowledge – and intentioned restraint – is power. 

What the court can tell from your data, and why its perceptions matter

Location-based data should be a concern if you and your ex have a contentious relationship. Check-ins, tagged photos and even passive location tracking from apps can show where you were and when. A pattern of late-night activity, frequent bar visits or inconsistent presence during scheduled parenting time can be used to question judgment and reliability. Even if you never “posted” about it, your phone and apps may have created a record that can be retrieved through legal discovery. Payment apps like Venmo can also tell a story. Transactions often include notes, timestamps and location clues. Payments tied to nightlife, travel or questionable expenses may be introduced to suggest priorities that conflict with parenting responsibilities. In some cases, opposing counsel could use these records to build a negative narrative about lifestyle, spending habits or unfavorable associations. “Deleted” messages are also often recovered in the service of resolving a custody concern. Text messages, emails and social media communications may still exist on backups, servers or the devices of other parties. Subpoenas and forensic analysis can uncover conversations that were assumed to be gone. These messages can include arguments, threats or statements that reflect poorly on a parent’s ability to co-parent or maintain a stable environment for a child. Chattanooga courts, like others, focus on the best interests of the child. Digital evidence is often used to assess credibility, consistency and decision-making. A parent who presents one image in court but whose digital records suggest something different may face credibility challenges that can affect custody outcomes.]]> On Behalf of Ken Lawson Law <![CDATA[What if you fall in love again before your divorce is finalized?]]> https://www.kenlawsonlaw.com/?p=51130 2026-04-20T19:24:47Z 2025-08-19T12:42:46Z Going through a divorce is an emotional time that can have significant impacts on your future. It’s critical that you make decisions that will put you on the best footing possible as you start your new life.  As you venture out into the world and start to enjoy the social scene, you may make new friends. There’s a chance that you may start to fall in love again, but this can be a challenging situation if the divorce isn’t finalized.  When you first start dating, you may experience a range of emotions, including apprehension and excitement. It may be difficult to deal with how you feel, swinging between the happy thoughts and the negative ones.  Understanding how to deal with a new relationship while still giving your divorce the attention it needs may help you through this.

How can you cope with the emotions?

It’s best to remember that you are going through a major life change and feeling the emotions is normal, even if you don’t fall in love again during this time. Taking everything slowly may be beneficial because it gives you a chance to adjust to the changes that are happening in your life.  You’ll also need a good support system during this time, but don’t rely solely on the person you’re starting a new relationship with. Instead, find family members and friends you can contact when you need someone to talk to. You need people who can be there for you to have realistic conversations so you can make decisions that are in your best interests. 

Can you get engaged before the divorce is final?

It’s possible that some relationships may evolve into more serious ones. Typically, entering into an engagement before the divorce is finalized is possible. This doesn’t require any legal documentation, which is why it’s possible. It’s critical to realize that the marriage can’t occur prior to the finalization of the divorce. Bigamy, which means being married to more than one person at once, is a criminal offense in Tennessee. You must give your divorce the attention it deserves because each decision you make now can impact your future. It may be beneficial for you to work with someone familiar with these matters so they can help you evaluate your options, so you can make the decisions that you feel are in your best interests. ]]> On Behalf of Ken Lawson Law <![CDATA[Can your divorce be friendly?]]> https://www.kenlawsonlaw.com/?p=50452 2026-04-20T19:25:17Z 2024-09-07T01:47:07Z make divorce more friendly? In short, the answer is yes, but it will very much depend on your circumstances and the outlook of each spouse.

Your mindset when entering the process

The mindset of each spouse as they enter the divorce process will largely dictate how friendly or unfriendly it is. For example, if one spouse is adamant that the other is 100% to blame for the breakdown of the relationship, then the divorce is unlikely to be friendly. What can help is if both spouses are willing to view the marriage as an endeavor that just happened not to work out for many reasons.

Cooperation and compromise

Too often, divorce is thought of as a battle that has winners and losers. This type of approach is never going to be friendly. What is often more productive, and efficient, is if both spouses prioritize their divorce goals and objectives. Are there things that are non-negotiable, such as child custody? Are there other factors where there may be a bit more leeway, such as who gets certain items of property? The reality is that nobody gets everything they want in a divorce. The more willing both spouses are to communicate and compromise, the friendlier the divorce will be. Divorcing spouses don’t have to hate one another. Collaborative legal approaches such as mediation have been shown to be very effective. Seek legal guidance to find out more ways you might be able to make your divorce a little friendlier.]]> On Behalf of Ken Lawson Law <![CDATA[4 reasons divorce mediation may fail]]> https://www.kenlawsonlaw.com/?p=50448 2026-04-20T19:25:37Z 2024-08-26T18:37:44Z When a divorcing couple opts for mediation, they are choosing a collaborative approach to resolving their differences outside of the courtroom. This comes with numerous benefits, such as lower costs, a more controlled environment and the opportunity to reach mutually satisfactory solutions. However, divorce mediation is not always successful. Some of the reasons it may fail include the following.

1. Unrealistic expectations

When the mediation process is approached with unrealistic expectations, parties may struggle to find common ground. If individuals believe they can achieve outcomes that are unlikely or overly idealistic, it can lead to frustration and impede the negotiation process.

2. Imbalance of power

If one party feels that they are bargaining from a position of weakness or that the other party holds disproportionate influence, it can create an imbalance that hampers effective negotiation. This power disparity can lead to one side feeling pressured or coerced into accepting terms that are not fair or satisfactory, ultimately undermining the mediation process.

3. Emotional vulnerability

Marriages are founded on emotion, and if the decision to divorce is not mutual, the rejected party may experience significant emotional vulnerability. This emotional strain can hinder them from engaging constructively in mediation, as they might be overwhelmed by feelings of hurt, anger or a desire for vengeance. Such emotions can cloud judgment and hinder the ability to negotiate effectively or reach a fair resolution.

4. Communication breakdown

Divorcing parties may be hesitant to share information openly or may struggle to communicate their needs and concerns effectively. This reluctance can stem from mistrust, ongoing conflicts or a lack of clarity about their own priorities. When communication breaks down, it becomes challenging to address issues comprehensively or find mutually acceptable solutions, which can derail the mediation process. While divorce mediation is a valuable tool for many couples seeking an amicable resolution, it is not a guaranteed solution for every situation. Complex emotional and practical issues may still arise, and in some cases, it might be necessary to seek legal guidance to understand all aspects of the process and better ensure that one's rights and interests are fully protected.]]> On Behalf of Ken Lawson Law <![CDATA[Seeking more parenting time after an improvement in circumstances]]> https://www.kenlawsonlaw.com/?p=50446 2025-04-24T14:00:53Z 2024-08-26T18:15:21Z What does a modification entail? A custody modification is a formal change to the existing custody order. Parents can pursue a modification through mutual consent. One parent might agree to increase the parenting time that the other enjoys once they get a better job, find a stable living situation or undergo therapy. Other times, the parent with more parenting time is loathe to give up any of their parenting time. In that scenario, a contested modification may be necessary. A parent can ask the courts to review and update the custody order based on the improvement in their circumstances. They generally need evidence that helps support their claim that they have addressed the issues that led to a judge limiting their parenting time. A lease showing that they now have a stable living arrangement with space for their children could help. So could bank records that show regular paychecks. Statements from therapists and other professionals could help prove that someone has addressed their anger issues or substance abuse struggles. Any substantial change in circumstances that indicates a parent can be more present for their children may convince a judge to increase their allocation of parenting time. Judges want to do what is best for the children, and encouraging two healthy parental relationships is usually the best outcome for children with divorced or separated parents. Even when a co-parent is not cooperative, it is sometimes possible to modify a child custody arrangement when a child’s parent has improved their circumstances. Addressing any specific concerns that a judge has cited as grounds for limited parenting time or limited physical custody can help a parent qualify for a modification that increases their time with their children.]]> On Behalf of Ken Lawson Law <![CDATA[Using technology to maintain the parent-child bond]]> https://www.kenlawsonlaw.com/?p=50444 2026-04-20T19:25:58Z 2024-08-06T11:15:20Z Just like everything in life, technological advancements have pros and cons. One of their greatest advantages is that they allow us to stay connected to the people we love the most. After a divorce, it can be challenging to maintain the special bond you have with your children. Using technology can help.

Keeping the lines of communication open

One of the most effective ways to stay connected is through real-time communication. Video calling apps like Skype, Zoom and FaceTime allow face-to-face interaction, which can be crucial in maintaining emotional bonds. These platforms allow parents to participate in their children’s daily lives, such as helping with homework or just talking about their day. Social media platforms like Facebook, Instagram and TikTok, as well as messaging apps like WhatsApp and Messenger, allow for continuous communication. Sharing photos, videos and messages can keep parents updated on their child’s activities and foster a sense of involvement and connection. Educational apps and video platforms like YouTube Kids can be used collaboratively during video calls. Parents can read stories, play games or watch educational videos with their children, making their virtual interaction more meaningful. In addition to staying connected with their children, technology also offers ways for co-parents to communicate. These platforms are specifically designed to facilitate coordination between divorced parents. They can help manage schedules, share important information and reduce misunderstandings and conflicts. Digital calendars and document sharing can also help parents to organize their children’s schedules and important documents. This can help ensure both parents are always informed about school events, appointments and extracurricular activities. Children do better academically and emotionally when both parents play an active role in their lives. While technology can’t replace the in-person experience, it can be a powerful tool in maintaining the parent-child bond after a divorce.  ]]> On Behalf of Ken Lawson Law <![CDATA[The benefits of divorce mediation ]]> https://www.kenlawsonlaw.com/?p=50442 2026-04-20T19:26:14Z 2024-07-30T03:01:22Z While marriage is still considered a lifelong commitment, views on divorce have largely softened over the years. The detriments of remaining in a toxic or unhappy relationship have been well publicized.  Views on divorce have also changed. It is largely no longer seen as a battle, but a negotiation that spouses need to get through to move on with their lives. Mediation is one option that spouses have. This is a less formal process than litigation and it has several benefits. Here are a few things to consider.

More control 

During a litigated divorce, both spouses are usually at the mercy of the courts in terms of dates. The family courts tend to have backlogs, which means divorces can drag on for several months and even longer. Neither spouse can generally miss a court date without a good explanation. Mediation, on the other hand, is much more flexible. Spouses can generally go at a pace that suits them and they can work mediation sessions around their work schedule etc. 

It can be less stressful 

The whole point of mediation is to keep conflict to a minimum. The idea is to open up conversations between spouses. The mediator will help facilitate discussions, but will not come to rulings like a judge or arbitrator would. Both spouses and their respective legal teams will negotiate equitable agreements, which the mediator and court can then approve. This process is generally much more stressful than presenting evidence in court and waiting for verdicts. 

It’s more private 

Divorce proceedings in court typically become a matter of public record. This isn’t how mediation works. The only people with access to sensitive information will be each spouse, the mediator and the legal teams. This restricts the possibility of prying eyes gaining access to sensitive material.  If divorce is inevitable, then it’s important to explore all of your options. Seeking legal guidance will give you a better idea of what might work for you. ]]> On Behalf of Ken Lawson Law <![CDATA[Do you know your parental rights under Tennessee law?]]> https://www.kenlawsonlaw.com/?p=50439 2024-07-09T15:51:03Z 2024-07-09T15:51:03Z Like a lot of states, Tennessee has moved toward recognizing the importance in most cases of parents sharing time with and decision-making responsibilities for their children after divorce. The law also recognizes that one person isn’t entitled to greater parenting responsibilities because of their gender.  Tennessee law also lists a number of specific rights that parents have to help them maintain contact with their child and involvement in their life. Certainly, these rights assume that both parents have the relevant custody, visitation and other rights to their child. Let’s look at just a few.

Telephone contact

The law gives parents the right to have “unimpeded telephone conversations with the child at least twice a week at reasonable times and for reasonable durations” when the other parent has the child. Of course, these days, these are more likely to be FaceTime or other video calls.

Notification of injury, illness or hospitalization

The law requires the parent who has the child to notify the other parent “as soon as practicable but within twenty-four (24) hours” if the child suffers a serious injury or illness, is hospitalized or passes away. They’re also required to give their child’s medical providers with the other parent’s contact information.  If parents share medical decision-making authority, of course, their child’s doctors should have contact information for both parents. The law also states that unless the custody order states otherwise, both parents have the right to their child’s “medical, health or other treatment records directly from the treating physician or healthcare provider.”

Educational records and other school information

Parents have the right to “receive directly from the child's school any educational records customarily made available to parents.” These include things like report cards, standardized test scores, class schedules, attendance records and teachers’ names. Parents also have the right to “access and participation in the child's education on the same basis that are provided to all parents,” – for example during school activities where parents may be in the audience or otherwise in attendance. These are just some of the rights delineated in the law. It’s wise to become more familiar with the law to know your rights. It can help to include them in your parenting plan. Having experienced legal guidance can help you better protect your rights.  ]]>