Articles by Marlene Eskind Moses and Manuel Russ

QDRO and State/Local Government Pensions – Tennessee Bar Association

April 30, 2016

On July 1, 2015, the General Assembly enacted new legislation that addressed the division of public employee pension plans during the course of divorce proceedings. Section 26-2-105(d)(1) of the Tenn. Code Ann. now provides that “a local government that establishes and maintains for its employees a qualified plan, and the qualified plan’s administrator, shall honor […]

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Recent Recalculation of Retirement: Employment Benefits as Separate Property – Tennessee Bar Association

January 1, 2016

In the last legislative session, the Tennessee General Assembly modified the existing statute regarding the definition of marital property, specifically as it relates to various types of retirement accounts and stock options. The legislature adopted a position that altered how the distribution of such assets would be conducted, primarily focusing on assets that were possessed […]

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What ‘Obergefell v. Hodges’ Means for Tennessee – Tennessee Bar Association

August 3, 2015

As virtually everyone in the country as well as in Tennessee will have noted, at the end of June the United States Supreme Court ruled, in Obergefell v. Hodges, that same-sex couples have the constitutionally protected right to marry. The issue of gay rights has become the preeminent civil rights issue of this generation and […]

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Perfecting Protection – Tennessee Bar Association

April 30, 2015

In Tennessee, a party may take protective action from another person short of filing a criminal warrant by requesting an Order of Protection from the appropriate jurisdictional authority. Despite the fact that an Order of Protection does not carry the immediate danger of incarceration or a criminal record, an Order of Protection is a powerful […]

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Forced Marriage – Tennessee Bar Association

August 31, 2014

Forced marriages may seem to those in the United States like a remote problem that largely takes place in other parts of the world. When one reads new stories of child brides and scant civil or human rights regarding marriage, even in the modern era, most people envision a place that is very far away […]

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Electronic Surveillance in Family Law – Tennessee Bar Association

April 30, 2014

As everyone is aware, the use of electronic technology in business as well as people’s personal lives has grown beyond anyone’s imagination in recent years. With this rise in the use of various forms of technology, people often forget that what you use a computer for and what you store on a computer are just […]

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The ‘ART’ of Having Three Biological Parents – Tennessee Bar Association

January 1, 2014

The issues surrounding same-sex marriage, surrogacy, second-parent adoptions, parental rights stemming from in vitro-fertilization and other forms of assisted reproductive technology (ART) and how these issues translate from state to state within the U.S. are hot-button ones in the field of Family Law. The science that facilitates some of these possibilities is advancing daily, and […]

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