Family Law Services
Compassionate legal guidance for adoptions, prenuptial agreements, postnuptial agreements, and agreed divorces in Knoxville and East Tennessee
Compassionate guidance for life's most important family moments.
Supporting Families Through Every Chapter
At David A. Montgomery Law, our experienced family law attorneys in Knoxville, TN provide compassionate and effective representation for clients facing a wide range of family law matters. We understand that these issues are deeply personal and often emotionally challenging, and we are committed to protecting your rights and helping you achieve the best possible outcome for you and your family.
Adoptions
Guiding families through every step of the adoption journey
Prenuptial & Postnuptial Agreements
Protecting assets and interests before and during marriage
Agreed Divorces & Separations
Minimizing emotional and financial stress through collaboration
Adoptions
Adoption is a beautiful way to expand your family, but the legal process can be complex. Our Knoxville, TN family law attorneys guide clients through every type of adoption, including step-parent adoptions, relative adoptions, and private adoptions. We handle all necessary paperwork, court filings, and legal requirements to ensure a smooth and successful adoption process.
Legal Requirements
- The adoptive parent must be at least 21 years old, or 18 years old if a step-parent to the child.
- The adoptive parent can be married, single, or divorced.
- The child must have lived with the adoptive parent for at least six months before the adoption.
- The adoptive parent must be able to meet the financial needs of the child.
- The parental rights of all natural parents of the child must have been terminated, or must be terminated as part of the adoption proceeding. This can be done by the parents consenting to the adoption in writing, or by a contested petition for the termination of parental rights.
We Handle All Types of Adoptions
- Open and closed adoptions
- Step-parent adoptions
- Grandparent adoptions
- Adult adoptions
- Uncontested and contested adoptions
"If you choose us to handle your adoption, you can rest assured that we will guide you through every step of the adoption process to its completion, with care, compassion, and competence."
If you choose us to handle your adoption, you can rest assured that we will guide you through every step of the adoption process to its completion, with care, compassion, and competence. We are also available as your estate planning lawyer in Knoxville, TN if you need to update your will to include your newest family member.
Prenuptial and Postnuptial Agreements
Providing clarity and peace of mind through thoughtful financial planning for couples before and during marriage
At David A. Montgomery Law, by preparing Prenuptial and Postnuptial Agreements, we have helped many engaged and married clients to establish clear financial boundaries and expectations in their marriage, protect their significant assets, inherited wealth, and businesses in the event their marriage fails, and eliminate costly legal battles during a separation or divorce.
"Protecting your future while celebrating your commitment"
What is a Prenuptial Agreement?
A prenuptial agreement can be a powerful planning tool for couples who want clarity and peace of mind before entering marriage. At its core, a prenuptial agreement is a legally binding contract signed before marriage that clearly outlines how assets, debts, and financial responsibilities will be handled if the marriage ends due to divorce or separation. Rather than leaving these decisions to the court, a well-drafted agreement allows couples to define their own terms in advance.
Common Topics Addressed
- Property brought into the marriage (real estate, investments, retirement accounts, business interests)
- How inherited property or gifts received during marriage will be treated
- Whether spousal support (alimony) will be paid and under what conditions
- Division of assets and debts if divorce or separation occurs
If a divorce or separation occurs, the terms of the agreement will take precedence over a judge's discretion, providing predictability and reducing conflict.
Legal Requirements Under Tennessee Law
Each party must be represented by their own attorney
Full and honest disclosure of assets, liabilities, and income is required
Agreement must be signed voluntarily—free from pressure, coercion, or duress
For postnuptial agreements: must demonstrate legal consideration (exchange of value)
Postnuptial Agreements
Postnuptial agreements serve a similar purpose but are signed after a couple is already married. Like prenuptial agreements, postnuptial agreements define how financial matters will be handled if the marriage ends. They address many of the same issues, including property division, debt responsibility, and spousal support. However, Tennessee law imposes additional scrutiny on postnuptial agreements. To be enforceable, the agreement must demonstrate that each spouse exchanged something of value, known as legal consideration.
Whether you are planning ahead for marriage or seeking clarity after tying the knot, working with an experienced estate planning lawyer in Knoxville, TN can help ensure your agreement is properly drafted, legally enforceable, and tailored to your unique financial situation. Thoughtful planning today can prevent costly disputes tomorrow and provide both spouses with confidence as they move forward together.
Agreed Divorces
Navigating separation with dignity, clarity, and minimal conflict through collaborative legal solutions
At David A. Montgomery Law, we view marriage as a meaningful covenant—one that deserves respect, honor, and encouragement from all. Yet, we also understand that sometimes, despite the best intentions of both parties, marriages do not work out. When that happens, our goal is to help clients navigate the process with as little emotional and financial stress as possible. We do this by preparing the necessary legal documents to obtain an agreed divorce or separation in an efficient and effective manner.
An agreed divorce allows couples to resolve all issues before filing paperwork with the court. This includes agreeing on the grounds for divorce, division of property and debts, spousal support (alimony), and, when minor children are involved, parenting time, decision‑making responsibilities, and child support obligations. By addressing these matters upfront, an agreed divorce provides clarity, reduces conflict, and speeds up the process.
Key Issues Addressed in Agreed Divorces
Grounds for Divorce
Establishing the legal basis for ending the marriage
Property & Debt Division
Fair allocation of marital assets and liabilities
Spousal Support
Determining alimony arrangements and obligations
Parenting Time
Establishing custody schedules and visitation rights
Decision-Making
Defining parental responsibilities for major decisions
Child Support
Calculating and agreeing on child support obligations
Legal Separation Alternative
For couples seeking a legal separation instead of divorce, we assist in creating an agreed separation that meets Tennessee law requirements and is approved by the court. Whether you are navigating a divorce or a legal separation, having experienced guidance from an estate planning lawyer in Knoxville, TN ensures that your interests are protected and the process is handled as smoothly as possible.
What Our Clients Say
Hear from clients who trusted us with their most important family matters
"Mr. Montgomery is a great attorney. He assisted me with a very personal matter regarding the adoption of my niece. He is very knowledgeable and very meticulous when it comes to all the paperwork. At the beginning I felt like I was lost and didn't know where to start, but he quickly guided me in the right direction. Thanks to him I know that my little niece will be safe and have a wonderful loving home to grow up in! I highly recommend Mr. Montgomery."
Ready to Discuss Your Family Law Needs?
Whether you're considering adoption, need a prenuptial or postnuptial agreement, or require guidance through an agreed divorce, our experienced team is here to help.