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Articles Posted in Paternity

pexels-cottonbro-4098224-300x200Am I Eligible for an Annulment in Tennessee?

When a couple seeks to end their marriage in Tennessee, the termination of the marriage is generally accomplished through divorce. The divorce process usually commences with one spouse filing for divorce in a Tennessee court of competent jurisdiction. Once the divorce litigation is initiated, it will progress in either an uncontested or contested fashion. In uncontested divorce cases, the divorce is finalized upon the court approving and incorporating a Marital Dissolution Agreement (and a Permanent Parenting Plan if there are minor children born of the marriage) into a final judgment of divorce. In contested divorce cases, the parties are unable to agree on a Marital Dissolution Agreement (and Permanent Parenting Plan if applicable), and the divorce is finalized by a trial judge upon the entry of a final judgment of divorce after a trial.

There is, however, a rare alternative to divorce: annulment. Annulment is only available if grounds for annulment existed at the time a couple married. In other words, there must have been a defect in the marriage from its inception that renders it subject to annulment, and the spouse seeking the annulment has the burden to prove that the defect existed at the time of the marriage. Simply put, grounds for annulment in Tennessee do not arise after a couple marries, although they may be grounds for divorce.

Father-and-Son-on-Beach-300x200“Luke, I Am Your Father!”

The famous, misquoted dialogue in Star Wars Episode 5 where Darth Vader reveals he is Luke’s Father would not be enough under Tennessee Law for Darth Vader to have any rights to parent Luke.1 Perhaps this is another example where the law is a bit more complicated than the movies. As an attorney, I have answered many questions about the rights of parents and children under Tennessee law. This article is intended to provide an overview of the default rules that govern the rights of parents under Tennessee law. It also addresses how mothers and fathers can petition to establish paternity in the Tennessee court system.

Tennessee is what is commonly referred to as a “Mother’s state”. This simply means that when children are born out of wedlock, the Father has no rights to parent the child.2 If the parents are married, the husband is considered the father of children born during the marriage. If the parents are not married at the time of the birth, legal action of some sort must be taken to establish paternity, or the child has no legal father.

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