Divorce Procedure in Scotland

OK, this is only my third blog entry and I’m already violating its title and intent by posting about procedure in Scotland.  However, I think it’s interesting as a contrast to our procedure here.

I stumbled across this blog entry: Divorce 101: Divorce Procedure In Scotland (#9).  Apparently Scotland doesn’t have any type of “no fault” divorce, and even the relatively simple DIY (do it yourself) divorce requires some sort of grounds.

Also, anything less than full intercourse isn’t “adultery” according to their divorce law, neither is intercourse with someone of the same sex.  I bet there are some disgruntled spouses who feel differently!

Finally, notice that a DIY divorce requires no religious restrictions on remarriage.  I’m not going to opine on whether or not that’s a good idea, I simply point it out to contrast that with the relative separation between the church and state we enjoy.

Getting divorced seem overly time consuming and expensive, but by comparison Tennessee’s requirements are straightforward.  Here, if the parties can come to some sort of agreement on separating, property division, and child care (regardless how easily or painfully the agreement process was), there is little need to prove anything else to the court.

In my opinion, we have the superior system, as I don’t think the government has any business making people stay married who don’t want to be.  What are your thoughts?  Perhaps divorce is too easy?  I’ve represented people on their 5^th or 6^th divorce, so perhaps people should be encouraged to stick with their commitments?

Child Support for Adult Children with Disabilities, Part 1

Generally speaking, in Tennessee if the parents of a child are not married, one of those parents will be required to pay child support to the parent who takes care of the child most of the time.  This obligation normally will end when the child turns 18 and graduates from High School.

However, buried in the statues is a provision that says if the child is “disabled” as defined by the Americans with Disabilities Act, the obligation can extend to the child’s 21^st birthday.   This is found at T.C.A. section 36-5-101 (k)(1).   I’ll address (k)(2) in my next entry.

It will be interesting to see how the recent revisions to the ADA will affect the above provision in the law.  On January 1^st of 2009, a revision to the ADA took effect which dramatically broadened this definition of “disabled”.   For more detail, see this article:

ADA Amendments Expand Definition of “Disabled”

I have not witnessed this new definition used to extend child support past the age of 18, but I don’t see why it couldn’t be done.  This would help single parents who still need to care for a child who has some sort of condition, even if the “disability” isn’t so severe as to prevent the child from working, going to college, or otherwise leading a productive life.

Because the new definition of “disability” is so broad, this could potentially cover expenses for medication, supplies, and other items for children with high blood pressure, hearing loss, asthma, ADD, or anything else that affects a major life activity.  The possibility exists for a parent to gain continued assistance for an adult child with these conditions, and I think, at least in certain cases, that parents should be awarded this help.

Welcome!

Welcome to my blog!  This will be my space for my musings about the state of Family Law in Tennessee.  My inspiration will likely come from news articles and questions I get from friends, clients, and you.

First, I should introduce myself so you’ll know who you’re listening to.  You may have guessed (if you’ve looked at the top of this page) that my name is Lawrence Ballew.  I grew up in South Dakota, where I was desperate for more heat and less snow.

Later in life I began moving farther south , winding up in Tennessee where I spent the first 10 years of my professional life as an engineer.  I hated it.  It was a miserable existence in a little cubicle surrounded by many angry people.

After much soul searching, the wife and I decided I would go to law school, as I seemed to have an aptitude for that kind of thing.  So I went, survived, graduated in the top 10, avoided biglaw, hung my own shingle, and here I am.

You may have been expecting more detail, but blog entries are normally pretty short, and I’d hate to bore my readers right off the bat.  In fact, go ahead and move on to a newer entry before you fall asleep.