Changing your Name after a Divorce in Memphis, Tennessee

Adults living in Tennessee are permitted to use any name they wish without going to court, unless they defraud someone by doing so. This is true regardless of the adult’s marital status or gender. If a person uses a name other than the one the person was given at birth or took upon marriage, however, it will not be the person’s formal legal name.

A Married Woman’s Name 

A woman who marries may accept the last name of her husband or may keep her prior name, whichever she prefers.  Either name she selects and uses automatically will become her legal name.  A married woman is entitled to obtain a credit card and other business accounts in the legal name she selects and uses.  No business or agency in Tennessee should refuse to provide services to a woman because she chooses to use her former name instead of her husband’s last name.

A woman who has chosen to use her husband’s last name but who later receives a divorce, annulment, or dissolution may request that the court officially restore her former name.  The court usually will grant such a request.  A woman who receives a divorce or remarries may not change the legal name of the children, however, without filing a separate petition in court to do so.

Following the procedure provided by Tennessee law to petition a court for a change of name creates a legal record of a name change.  This may benefit people who choose a name other than the name they were given at birth, if they must prove their name.  For example, a legal record of a name change would help those who wish to obtain passports in their adopted names.

After your divorce we can assist you in filing a petition for change of name with the appropriate court in Shelby County.  We utilize a clear and concise questionaire that helps us collect all the information needed to complete the petition.  The petition generally will include such information as your place of birth, current name and address, proposed new name, reason for wanting to change names, and the names and addresses of your parents or nearest living relatives.  After filing and court fees are paid, a hearing will be scheduled by the court for the proposed name change.  You and any other persons who support or oppose the name change may appear at the hearing.  The court normally will approve a petition for a name change after a divorce.  Unless there is evidence that the change is intended to defraud someone, to interfere with the rights of others, or to avoid criminal prosecution.

When the court approves your petition, it issues a judicial decree changing your name. To complete the change, you should send a certified copy of the decree to the agency where your birth certificate is recorded.  If you were born in Tennessee, the agency is the Tennessee Department of Health, Bureau of Vital Statistics.

Source of post: TBA Link – Law Bytes

A Win-Win Strategy for Memphis Parents

Many times, at the start of a divorce, parents see custody of the children as an either-or situation: one parent has custody and the other is relegated to a visitation/possession schedule. ~ Divorce and Family Law in Tarrant County, TX

In Tennessee, co-parenting and decision making allows parents to avoid trying to win a “custody battle” and concentrate on planning for their children. Instead of devoting energy to the win-lose mindset and proving that the other parent is “unfit,” co-parenting and decision making, co-parenting and decision making keeps that energy on parenting. Don’t think about strategic moves and get rid of any ulterior purposes, such as getting property or paying less child support. You have the right to parent your children and your children have the right to support and care from both their parents. You and your spouse must think about the financial and relationship hardships that will arise if you refuse to work together to care for your children.

A Win-Win Strategy for co-parenting and decision making may require more maturity than some parents can muster, but, for those able to shift gears, think rationally and be patient, the following approach can be rewarding for them and their children.
1. Think about, discuss and decide what your ultimate goals are for the kids. What outcomes would you like to see? Many people would want some of the following (or similar) goals:

The kids having a great relationship with both parents
The kids having a great relationship with their extended families
Financial security for the children
Having a safe, secure home for the children
Having good schools for the kids
Providing for a college education for the children
Providing sports opportunities for the children
The opportunity for the kids to learn music, art or other interests

Each parent can decide what he or she thinks would be important goals for their children. Broader, underlying goals are more helpful and meaningful. If both parents think of goals in broad terms, they often can agree on them.

2. Look at the big picture. What are the resources to work with:

Financial abilities of the parents
Parental/family member time available
What homes and schools are available and affordable
What the parents’ neighborhoods are like
The existing relationships between parents and children and the roles each parent plays with the children
What community resources are available
What special needs, if any, a child has
What interests the child has

3. Brainstorm options. Think up as many different solutions as you can. Sometimes it is helpful to get help from a parenting expert. Spend some time and try to be non-traditional or unconventional. Don’t limit yourself to ‘standard’ solutions. Open up your thoughts to come up with some crazy ideas because they might just turn into good ideas.

4. Evaluate your options. See if they can help achieve your identified goals. Criticizing and testing your options can lead to the discovery of other ideas and can help you narrow down the choices until you are left with an idea or ideas that work.

Implementation: This process can helpful if just you do it, but it is really better if you can do it with the other parent. If you work on this alone, you can create a better plan to present in court or in mediation. If both parents work together through this process, there’s an excellent chance they will reach an agreement that will be satisfactory to both parents and to the children.

Please give this a try and let me know how it works for you!

Valentine’s Day in Memphis, Tennessee

Enjoy the Memphis Valentine’s Day Guide with your loved ones.

If you have been making plans with a special someone, why not consider a trip Nashville?

We are Memphis Family Lawyers that can assist your family through all stages of life.

Why won’t you be able to win custody in Tennessee?

Simply stated, because your children are not a prize to be won.

In Tennessee, the proper terminology concerning the on going care and support of your children is Co-Parenting and Decision Making.  You and spouse must agree to a Permanent Parenting Plan.  Any decisions left to the court will be decided on the Best Interests of the Child, the BIOC standard without regard to your opinions.  The parent with whom the child resides for more than 50% of the time is title the Primary Residential Parent, the PRP, and the other parent is title the Alternate Residential Parent, the ARP.  The Basic Child Support Obligation, the BSCO will be paid by the ARP to the PRP based on the Income Shares Approach to calculating child support.

This terminology shifts the focus from the conflict of divorce to the care of your children.

Permanent Parenting Plan 

A Parenting Plan is way for divorcing (or even divorced) parents to plan for the parenting of their children after a divorce. This is a program designed to empower the Court system and parents with the necessary tools and skills to provide a better comfort level for the children of divorce. The Parenting Plan recognizes the importance of the parent-child relationship to the welfare of the child. In most situations, children do best when they receive the emotional and financial support of both parents. Every component of the Parenting Plan is designed to focus on the child’s best interest.

Development of a permanent Parenting Plan provides parents with an opportunity to establish a road map for future parenting of the child. The Plan can serve as a successful tool in reducing conflict when it is prepared in thoughtful, rational discussion rather than in heated emotional exchanges. It removes legal jargon and replaces it with common, everyday terms, and sets the framework to develop a family reorganization. The Plan can work to preserve family relationships. It encourages both parents to make their children the number one priority, and to see the need for the children to maintain a close, continuing relationship with each parent. The Parenting Plan enables both parents to remain involved in major decisions including education, religion, and medical care.

The Parenting Plan attempts to move away from the concepts of “custody” and “visitation” to emphasize the concept of “parenting responsibilities.” The overall goal and objective of the Plan is to lessen the hostility and encourage parents to work cooperatively in the best interests of their children. As parents working together, you will make the major decisions including education, religion, and medical care. You will make the decisions on how to resolve future issues as you continue to parent your children. 

We are Memphis Divorce and Family Lawyers that want to help our clients understand divorce and family law procedures. Part of this understanding comes with know legal terminology. We hope that this helps you better understand divorce and family law issues in Memphis.

Department of Human Services or DHS

Department of Children’s Services or DCS