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Family Law

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Family Law Requires an Experienced and Compassionate Lawyer

Family law is complex, but is also one of the most sensitive areas of law. This is why it is so important to have an attorney who understands not only the judicial system, but the heartache that you and your loved ones might be facing. Andrew Fox is that attorney and wants to help you through this difficult time.
While Roger Gilbert focuses primarily on auto accident and workers' compensation cases, Attorney Andrew Fox, focuses on matters concerning family law.

The outcome in family law matters, such as divorce, parentage, dependency, neglect and conservatorship cases, will have lifelong impacts on those involved — more than any other area of law. The hiring of an attorney must be seen as an investment in achieving the most favorable result possible given the factual circumstances of your case.

For over 16 years, Mr. Fox has been retained as counsel in hundreds of cases, thus bringing to the table extensive experience in managing trial cases and making court appearances throughout Tennessee. In recent years, Mr. Fox has accepted and litigated cases in the following counties:
  • Blount
  • Sevier
  • Jefferson
  • Grainger
  • Union
  • Anderson
  • Scott
  • Morgan
  • Loudon
  • Roane
  • Monroe
  • McMinn
  • Hamilton
  • Cumberland
  • Knox

Integrity, Experience and Compassion are the Qualities Needed In a Great Lawyer

Not only has Andrew Fox accumulated years of professional experience as an attorney in family law matters, he also has experience in a judicial capacity. He has donated his time to a local domestic relations court to serve as a special master for domestic violence cases. When appointed as a special master by the judge, Mr. Fox, in place of the judge, hears attorneys and parties argue domestic violence cases and makes findings and recommendations to the judge.

Andrew Fox will give personal attention to your situation and represent you zealously because he understands the lifelong implications of family law cases. Mr. Fox understands the need to maintain stability with your employment while you are enduring difficult personal circumstances. Therefore, if necessary, and to accommodate you, he will meet on weekends and on weekdays after hours.

Mr. Fox places his personal integrity on the line for every case in which he is involved. This is because he believes that his performance as an attorney is a reflection on his own character.

In addition to his extensive experience in family law matters, Andrew Fox is also experienced in personal injury, commercial, creditor, fire casualty, criminal, administrative, employment, landlord-tenant, construction, contract and telecommunications law.

For more information about matters pertaining to family law, and for more information on Andrew Fox, please visit www.andrewfoxlaw.com or fill out our contact form.

Divorce

Gilbert & Fox Attorneys Has Extensive Experience With Divorce Cases

family-law-marriage
Divorce

Divorce is the termination of a marriage. A divorce is granted either based upon grounds or based upon irreconcilable differences, i.e. a no fault divorce. Parties must address issues of property and debt distribution; whether alimony should be awarded, and if so, how much for how long; what the residential situation of children will be and who will be responsible for making decisions; and how child support will be allocated.

Grounds for Divorce

At one time, divorce would only be granted to a party who had “clean hands,” meaning that if both parties had grounds for divorce against each other, neither party would be awarded a divorce. This is no longer the case. It is my experience that grounds for divorce are not hotly contested in many divorces; it is certainly rare for parties to be denied a divorce because grounds do not exist, if both parties wish to be divorced.

When do grounds for divorce become important? The question of who is more at fault in the breakup of a marriage does still have an impact on alimony and attorney’s fees issues, given the existence of other grounds for awarding of these remedies. This question has NO impact on division of property. The grounds for being awarded a contested divorce in Tennessee are as follows:


  • Either party, at the time of the contract, was and still is naturally impotent and incapable of procreation;
  • Either party has knowingly entered into a second marriage, in violation of a previous marriage, still subsisting;
  • Either party has committed adultery;
  • Willful or malicious desertion or absence of either party, without a reasonable cause, for one (1) whole year;
  • Being convicted of any crime that, by the laws of the state, renders the party infamous;
  • Being convicted of a crime that, by the laws of the state, is declared to be a felony, and sentenced to confinement in the penitentiary;
  • Either party has attempted the life of the other, by poison or any other means showing malice;
  • Refusal, on the part of a spouse, to remove with that person's spouse to this state, without a reasonable cause, and being willfully absent from the spouse residing in Tennessee for two (2) years;
  • The woman was pregnant at the time of the marriage, by another person, without the knowledge of the husband;
  • Habitual drunkenness or abuse of narcotic drugs of either party, when the spouse has contracted either such habit after marriage;
  • The husband or wife is guilty of such cruel and inhuman treatment or conduct towards the spouse as renders cohabitation unsafe and improper, which may also be referred to in pleadings as inappropriate marital conduct;
  • The husband or wife has offered such indignities to the spouse's person as to render the spouse's position intolerable, and thereby forced the spouse to withdraw;
  • The husband or wife has abandoned the spouse or turned the spouse out of doors for no just cause, and has refused or neglected to provide for the spouse while having the ability to so provide.

If both parties can agree on the terms of divorce and reduce the agreement to writing, the parties can have an irreconcilable differences divorce, where neither party is considered to be at fault.

Parties will sometimes stipulate to grounds existing, meaning he or she agrees that the other party has grounds for divorce against him or her, as part of a settlement.


There Are Alternatives To Divorce; Let Us Discuss Them With You.


alimony-child-custody
What Is Legal Separation?

You can accomplish everything in a legal separation that you can accomplish in a divorce: division of property and debts, alimony, child custody, child support) except instead of completely terminating the marriage, you only sever the duty of cohabitation, meaning that the spouses do not have a right to live with each other.


You cannot re-marry if you have only a legal separation from your spouse. If you are separated for two years, either party can go back to court and obtain a divorce, without any other grounds.


There are a number of reasons while people may choose to separate rather than divorce, such as wanting to continue insurance coverage, or waiting for certain benefits to accrue before divorcing. Some people have religious objections to getting a divorce for any reason other than a spouse’s infidelity, but they do not want to continue to live with an abusive person, for instance.


For more information on divorce or legal separation, please visit www.andrewfoxlaw.com.


Adoption

image-206350-family-law-adoption.jpg?1427314129299

Considering Adoption?
Let Gilbert & Fox Attorneys Help You

image-206351-foster-child-adoptions.jpg?1427314161628


Adoption is a legal proceeding that establishes a new relationship between a parent and a child. The birth family’s rights are terminated and the adoptive family’s rights are established through the adoption process. There are many types of adoptions, including:

  • Infant/Newborn Adoptions
  • International Adoptions
  • Step Child Adoptions
  • Infant/Newborn Adoptions
  • International Adoptions
  • Step Child Adoptions
  • Infant/Newborn Adoptions
  • International Adoptions
  • Step Child Adoptions

Contested Adoptions

Before an adoption can occur, there must be a voluntary or involuntary surrender of parental rights of the birth and legal parents of a child. Sometimes a birth parent consents to the adoption of his or her child. In other cases, a petition is filed in court as part of the adoption petition or as a separate petition to involuntarily terminate the rights of the parent. This proceeding requires a hearing and a judicial determination before the adoption can occur. There are certain grounds on which a parent’s rights to a child can be terminated pursuant to an adoption:

  • Failure to support a child
  • Failure to visit a child
  • Abuse and neglect
  • Lengthy incarceration of a parent


For more information on adoptions, please visit www.andrewfoxlaw.com.


Wills and Probate

image-206391-wills-probate-estate.jpg?1427316146783

Drafting Your Will Is Important; Don't Wait.

Andrew Fox handles all matters concerning Wills, Trusts and Probate. For more information, please visit www.andrewfoxlaw.com.
Wills

Death is never easy to deal with, but having a plan can help make that time a lot easier for your loved ones to bear. Having a will and directions in place for the distribution of your estate is always recommended, and at the Gilbert & Fox Attorneys we will help you do just that.

Your will dictates how the contents of your estate should be distributed. Whether you choose to leave your belongings to your family, friends or give anonymously to charity, the team at Gilbert & Fox Attorneys will make certain to have your items distributed according to your final wishes.

Wills are not only for the elderly, but for the young as well. Should you meet an untimely death when you have children, it is even more important that a will is in place. Your will won’t only determine how your property will be split, but will also decide where your children will live if they are minors. Your will should also be modified to incorporate any significant life changes, such as death of beneficiaries, births, marriage, divorce, etc.


Resolve All Claims and Validate Your Will

Probate

Probate is the process of validating the will. This is carried out by resolving all claims and naming the executor who will distribute the will. A probate court carries out this process. A will is not valid until it has been probated. Uncontested wills tend to be easier to probate.

Simply writing out how you would like your property distributed without ensuring that it follows state guidelines can make your will null and void. This is why it is imperative to get a lawyer involved. You need legal counsel who is aware of the state laws and understands the process. At Gilbert & Fox Attorneys, we have extensive experience in drafting wills for our clients.

Gilbert & Fox Attorneys understands the will and probate process and can offer helpful recommendations that would ensure that your family and friends are well cared for even after you are no longer here. Contact us today for a consultation.

Divorce

Gilbert & Fox Attorneys Has Extensive Experience With Divorce Cases

family-law-marriage
Divorce

Divorce is the termination of a marriage. A divorce is granted either based upon grounds or based upon irreconcilable differences, i.e. a no fault divorce. Parties must address issues of property and debt distribution; whether alimony should be awarded, and if so, how much for how long; what the residential situation of children will be and who will be responsible for making decisions; and how child support will be allocated.

Grounds for Divorce

At one time, divorce would only be granted to a party who had “clean hands,” meaning that if both parties had grounds for divorce against each other, neither party would be awarded a divorce. This is no longer the case. It is my experience that grounds for divorce are not hotly contested in many divorces; it is certainly rare for parties to be denied a divorce because grounds do not exist, if both parties wish to be divorced.

When do grounds for divorce become important? The question of who is more at fault in the breakup of a marriage does still have an impact on alimony and attorney’s fees issues, given the existence of other grounds for awarding of these remedies. This question has NO impact on division of property. The grounds for being awarded a contested divorce in Tennessee are as follows:


  • Either party, at the time of the contract, was and still is naturally impotent and incapable of procreation;
  • Either party has knowingly entered into a second marriage, in violation of a previous marriage, still subsisting;
  • Either party has committed adultery;
  • Willful or malicious desertion or absence of either party, without a reasonable cause, for one (1) whole year;
  • Being convicted of any crime that, by the laws of the state, renders the party infamous;
  • Being convicted of a crime that, by the laws of the state, is declared to be a felony, and sentenced to confinement in the penitentiary;
  • Either party has attempted the life of the other, by poison or any other means showing malice;
  • Refusal, on the part of a spouse, to remove with that person's spouse to this state, without a reasonable cause, and being willfully absent from the spouse residing in Tennessee for two (2) years;
  • The woman was pregnant at the time of the marriage, by another person, without the knowledge of the husband;
  • Habitual drunkenness or abuse of narcotic drugs of either party, when the spouse has contracted either such habit after marriage;
  • The husband or wife is guilty of such cruel and inhuman treatment or conduct towards the spouse as renders cohabitation unsafe and improper, which may also be referred to in pleadings as inappropriate marital conduct;
  • The husband or wife has offered such indignities to the spouse's person as to render the spouse's position intolerable, and thereby forced the spouse to withdraw;
  • The husband or wife has abandoned the spouse or turned the spouse out of doors for no just cause, and has refused or neglected to provide for the spouse while having the ability to so provide.

If both parties can agree on the terms of divorce and reduce the agreement to writing, the parties can have an irreconcilable differences divorce, where neither party is considered to be at fault. Parties will sometimes stipulate to grounds existing, meaning he or she agrees that the other party has grounds for divorce against him or her, as part of a settlement.


There Are Alternatives To Divorce; Let Us Discuss Them With You.


alimony-child-custody
What Is Legal Separation?

You can accomplish everything in a legal separation that you can accomplish in a divorce: division of property and debts, alimony, child custody, child support) except instead of completely terminating the marriage, you only sever the duty of cohabitation, meaning that the spouses do not have a right to live with each other.


You cannot re-marry if you have only a legal separation from your spouse. If you are separated for two years, either party can go back to court and obtain a divorce, without any other grounds.


There are a number of reasons while people may choose to separate rather than divorce, such as wanting to continue insurance coverage, or waiting for certain benefits to accrue before divorcing. Some people have religious objections to getting a divorce for any reason other than a spouse’s infidelity, but they do not want to continue to live with an abusive person, for instance.


For more information on divorce or legal separation, please visit www.andrewfoxlaw.com.

Adoption

image-206350-family-law-adoption.jpg?1427314129299

Considering Adoption? Let Gilbert & Fox Attorneys Help Yous

image-206351-foster-child-adoptions.jpg?1427314161628

Adoption is a legal proceeding that establishes a new relationship between a parent and a child. The birth family’s rights are terminated and the adoptive family’s rights are established through the adoption process. There are many types of adoptions, including:

  • Infant/Newborn Adoptions
  • International Adoptions
  • Step Child Adoptions
  • Infant/Newborn Adoptions
  • International Adoptions
  • Step Child Adoptions
  • Infant/Newborn Adoptions
  • International Adoptions
  • Step Child Adoptions

Contested Adoptions

Before an adoption can occur, there must be a voluntary or involuntary surrender of parental rights of the birth and legal parents of a child. Sometimes a birth parent consents to the adoption of his or her child. In other cases, a petition is filed in court as part of the adoption petition or as a separate petition to involuntarily terminate the rights of the parent. This proceeding requires a hearing and a judicial determination before the adoption can occur. There are certain grounds on which a parent’s rights to a child can be terminated pursuant to an adoption:

  • Failure to support a child
  • Failure to visit a child
  • Abuse and neglect
  • Lengthy incarceration of a parent

For more information on adoptions, please visit www.andrewfoxlaw.com.

Wills and Probate

image-206391-wills-probate-estate.jpg?1427316146783


Drafting Your Will Is Important; Don't Wait.

Andrew Fox handles all matters concerning Wills, Trusts and Probate. For more information, please visit www.andrewfoxlaw.com.
Wills

Death is never easy to deal with, but having a plan can help make that time a lot easier for your loved ones to bear. Having a will and directions in place for the distribution of your estate is always recommended, and at the Gilbert & Fox Attorneys we will help you do just that.

Your will dictates how the contents of your estate should be distributed. Whether you choose to leave your belongings to your family, friends or give anonymously to charity, the team at Gilbert & Fox Attorneys will make certain to have your items distributed according to your final wishes.

Wills are not only for the elderly, but for the young as well. Should you meet an untimely death when you have children, it is even more important that a will is in place. Your will won’t only determine how your property will be split, but will also decide where your children will live if they are minors. Your will should also be modified to incorporate any significant life changes, such as death of beneficiaries, births, marriage, divorce, etc.


Resolve All Claims and Validate Your Will

Probate

Probate is the process of validating the will. This is carried out by resolving all claims and naming the executor who will distribute the will. A probate court carries out this process. A will is not valid until it has been probated. Uncontested wills tend to be easier to probate.

Simply writing out how you would like your property distributed without ensuring that it follows state guidelines can make your will null and void. This is why it is imperative to get a lawyer involved. You need legal counsel who is aware of the state laws and understands the process. At Gilbert & Fox Attorneys, we have extensive experience in drafting wills for our clients.

Gilbert & Fox Attorneys understands the will and probate process and can offer helpful recommendations that would ensure that your family and friends are well cared for even after you are no longer here. Contact us today for a consultation.

GILBERT & FOX ATTORNEYS
625 S. Gay St., Suite 540
Two Centre Square 
Knoxville, TN 37902
Phone: (865) 525-8800

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