in family law, personal injury, medical malpractice and other matters in Davidson, Williamson and surrounding counties in Tennessee.
“When faced with a legal situation, you should know your legal rights and responsibilities, and then use these rights and responsibilities to protect yourself.”
I can offer you the following services:
* · DIVORCE, child custody, child support, visitation
* · PERSONAL INJURY, medical malpractice, Worker's Comp
* · ADOPTION
* · CONSERVATORSHIP
* · WILLS, probate matters, conservatorship
* · RETAINER PAYMENT PLANS
* · Free information on a phone consultation
* · COMPETITIVE RATES
* Serving Davidson and surrounding counties
DIVORCE / FAMILY LAW BASICS top
The law provides that the courts must equitably divide all marital assets.
It can be contempt of court to refuse to pay child support or to refuse to allow visitation. In determining custody, the court must determine what is in the child's best interest. An irreconcilable divorce is possible when both parties agree to the divorce and to the terms of the divorce.
WHAT THE COURT CAN AND CANNOT DO ON FAMILY LAW MATTERS
1. Tennessee law provides that assets acquired in a marriage are presumed to be marital assets, and those assets must be divided equitably. Fault of a party is not a factor that should considered in that division.
2. While Tennessee does not have custody anymore, it does require parents to have a Parenting Plan outlining the parent with primary residential time and the parent with secondary residential time with the children of a marriage. If the parents cannot agree to a Plan, they will be required to attend mediation and only if mediation fails will there be a full trial on the issue of which parent will have the majority of the time with the child or children.
3. There are basically two ways to file for a divorce; an agreed divorce where the parties not only agree on the question of divorce but also on the division of property and the time with the children and a contested divorce where there is no agreement. The agreed divorce is an irreconcilable differences divorce and does not require any fault. The contested divorce requires a finding of fault, but there are fourteen grounds available to allege.
4. After a divorce, the Court will require all parties to follow the divorce judgment and any Parenting Plan or child support award. Failure to do so can be a cause for a Petition for Contempt that could result in some jail time. top
PERSONAL INJURY BASICS
When you are involved in a car wreck or are injured at a place of business, you should remember these points:
- 1. Get the names of all parties involved, including their phone numbers,
- addresses and names of employers.
- 2. If it is an auto accident, get the name of the insurance company.
- 3. Call the police and file a police report.
- 4. When the insurance company finds you, do not sign anything and do not offer
- any statement.
- 5. Call a lawyer if you are injured in any way.
- 6. Save a copy of all of your medical bills and keep a diary of your recovery. top
- addresses and names of employers.
ADOPTIONS
Many people think only of babies when they consider the issue of adoption. But children can be adopted at any age, and in fact adults can be adopted as well. However, Tennessee law does not currently permit two people to adopt one child unless those two people are married to each other. And adoption also requires that full parental rights of the birth parent be terminated. This means once the adoption is completed, the new parent is listed on the birth certificate as the parent, and the birth parent no longer has any rights to any aspect of the adopted child.
Once adopted, the birth parent will no longer have any responsibility to pay future child support, but any child support owing at the time of adoption is still owed to the parent to whom the support was first awarded. Parties cannot negotiate away the child support obligation by giving up rights to the child. Moreover, children cannot be “bought” or “ sold” which means there can be no exchange of money for the right to adopt any certain child. top
CONSERVATORSHIP
Often when a parent ages, his or her ability to handle their own affairs can be impaired by the aging process. This process can be significant to the point that loved ones feel the need to “step in”. Legally, the process is a petition for conservator which would enable the petitioning party to become the impaired person’s (ward) decision maker. The law requires a doctor to provide medical statements to support the claim, and the courts will require the conservator to be bonded if the ward has significant assets.
This process is also the one to use when there is an impaired adult child as once a person reaches the age of eighteen, the court presumes that person is able to make his or her own decisions unless there is an action to establish a conservator. top
RETAINER PAYMENT PLANS / COMMPETITIVE RATES
I offer an in office case review for a flat fee of $500.00 which will be applied to my retainer should you decide to use my services. My retainers start at $1,000.00 but can be up to $5,000.00 depending on the type of case and the difficulty of the matter. However, I will accept a down payment on the retainer and will outline a payment plan for paying the remainder of the retainer. My hourly rate is $250.00 and I will bill against the paid retainer. I have a written contract which will be provided for you at the first visit and I will return all calls promptly.
If you have further questions regarding a family law or personal injury case, please call or e-mail our office.
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