Articles by Marlene Eskind Moses and Manuel Russ

Vaccinations and Parental Decision Making

February 23, 2021

As it appeared in the Tennessee Bar Journal Posted by: Manuel Russ & Marlene Moses on Jan 1, 2021 The effects of the global pandemic have reached into every area of our lives, and family law is no different. While we understand that a safe and effective vaccine will become available to the public soon, […]

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International Prenuptial Agreements

April 24, 2020

As it appeared in the Tennessee Bar Journal In today’s world, practitioners must be ready to handle a prenuptial agreement that has been prepared in a foreign jurisdiction and to prepare a prenuptial agreement that may later be enforced in a jurisdiction other than Tennessee. Knowledge of the best way to enforce the parties’ agreement […]

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Legal Separation Agreements and Their Effect on Divorce

February 2, 2020

The Tennessee Code provides, as an alternative to divorce, that parties may enter into a legal separation agreement. Specifically, the Code states “[a] party who alleges grounds for divorce from the bonds of matrimony may, as an alternative to filing a complaint for divorce, file a complaint for legal separation. Such complain shall set forth […]

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Ethics in Family Law Mediation

December 30, 2018

As is it appeared on the Tennessee Bar Association By Marlene Moses and Manuel Russ This column was updated April 25, 2019 – after its original publication, to reflect a change in the location of the forms. Ethics for lawyers is always an important topic. Ethics in mediation, particularly in divorce cases, is an area […]

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Changing a Life Insurance Beneficiary in Violation of an Injunction

September 1, 2018

As it appeared in the Tennessee Bar Association By Marlene Moses and Manuel Russ In the recent Tennessee Supreme Court opinion issued in June 2018, Coleman v. Olson, the court dealt with the issue of an alteration of the beneficiary of a life insurance policy during the pendency of a divorce. Family law practitioners should […]

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Merger Doctrine in Family Law

May 20, 2018

As it appeared in the Tennessee Bar Association When divorcing parties have agreed to a division of their estate, they will enter into a Marital Dissolution Agreement (MDA) that, as part of the finalization of the divorce, is submitted to the court for approval and signature. The divorcing court will then merge the MDA into […]

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Elimination of the Alimony Deduction: A Tax Break for some, a Hike for Others

January 20, 2018

As it appeared on the Tennessee Bar Association Editor’s Note: President Trump signed the Tax Reform bill into law on Dec. 22,  2017, which was after this column went to press. A new piece of legislation has been introduced in Congress that, if passed, will have major implications on divorce settlements throughout the country as […]

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Modifications to Child Support Laws in 2017 – Tennessee Bar Association

August 31, 2017

The Tennessee General Assembly has been very busy this past session in addressing the issue of child support arrearage through two major modifications of the existing law on child support, one affecting the interest rate on arrearages and the other affecting the time period of accumulation of retroactive support for a child or children. Both […]

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Redefining Relocation – Tennessee Bar Association

April 30, 2017

The ability of a parent to relocate his or her household, and more importantly his or her child, out of the jurisdiction of the court that entered the parenting plan is often a very contentious issue. The Tennessee Code devotes an entire section to the issue of relocation for this reason. Absent an agreement to […]

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FAMILY MATTERS: Inconvenient Forum – Tennessee Bar Association

January 1, 2017

In the area of family law, an infrequently used provision, but an important one nonetheless, is the doctrine of inconvenient forum, which permits a court in Tennessee to decline jurisdiction in a custody case if the court determines that, though it is a permissible forum to hear the matter, Tennessee is not the best court […]

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