Emergency Custody Petitions: What are they, and when do we need them?
Wednesday, May 1st, 2019
It has been said that evil wins when good people stand by and do nothing. This rings true in the realm of child custody as well. Unfortunately, children everywhere live in homes where they are abused or neglected. Luckily, Tennessee law provides a process for others to intervene and secure custody of those children. One […]
Read More »Do you need a prenuptial agreement?
Tuesday, April 16th, 2019
Do you need a prenuptial agreement? To determine the answer to that question, you should first understand what it is. A prenuptial agreement is a written contract entered into by couples before a marriage. It provides a disposition of assets and obligations in the event of a divorce. To obtain one in Tennessee, each party […]
Read More »Child Support: IV-D application
Tuesday, April 2nd, 2019
If your child’s other parent is not paying child support as ordered by the Court, and you want that to change, you will be required by Tennessee Child Support Enforcement Services (TCSES) to fill out a “IV-D” application. The IV-D is free to file, but it is always required for child support enforcement. (Find it here.) […]
Read More »Domestic Violence Series: Financial support via an Order of Protection
Friday, March 29th, 2019
If you obtain an order of protection against someone you depend on financially, you have some options available to continue receiving financial support. The Tennessee statute that defines the scope of protective orders provides that the court may award financial support and possession of the residence to the petitioner. However, the focus of the hearing on the protective […]
Read More »Domestic Violence Series: Domestic Assault Charges vs. Orders of Protection
Friday, March 29th, 2019
If you have been attacked, threatened, or otherwise put into fear by your partner or a member of your household, you may not know where to turn. Thankfully, in Tennessee, you have multiple options to deal with this situation should you ever face it. However, you should be aware of the risks and benefits of […]
Read More »What’s an Order of Protection, and is it the same thing as a Restraining Order?
Thursday, January 3rd, 2019
An Order of Protection is an Order that either directs the defendant to stay away from you entirely and/or directs them to refrain from certain behavior if they do come around you. These are different from “restraining orders” because they only apply to certain parties and have varying levels of severity. Many people believe you can […]
Read More »3 Things to Know About Subpoenas
Wednesday, July 11th, 2018
1. What is a subpoena? A subpoena is a document requested by a party or attorney and issued by the Court where litigation is occurring. It commands a third party to provide requested documents to the attorney to be used in litigation. 2. What if I’ve been served with a subpoena? You typically have 21 […]
Read More »What do I do if I am faced with a “default judgment?”
Tuesday, April 10th, 2018
When someone files a lawsuit, the top page is called a “summons.” The first part of this document simply notifies you that you have been sued, and to whom you need to send your response. The second part of the document contains an important warning: it says that if you do not respond within 30 days of […]
Read More »Comprehensive Post-Divorce Checklist
Wednesday, March 21st, 2018
After your divorce has been finalized, you should draft a list of things that need to be accomplished post-divorce. The following list is not applicable to all divorces but a general review of the areas that you should consider in developing your own individualized post divorce list. Real Estate – Review your Marital Dissolution Agreement (MDA), […]
Read More »Why We Can’t Represent Both Parties in a Divorce
Wednesday, January 3rd, 2018
As family law attorneys, we are routinely asked if a divorce lawyer can represent both parties in a divorce action. The potential client explains that the parties agree on all issues and just need an attorney to draft the paperwork. This may seem like a simple request, but our answer is always, “No, we cannot […]
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