Family Law

• Divorce
  Memphis divorce lawyer, Miles Mason, Sr. explains the Tennessee divorce process and how divorces work from beginning to end, steps, filing, records, procedure, cost, getting a divorce, and contested and uncontested divorces.
• Child Support
  Before assets and debts can be divided, they first must be identified, classified, and valued. Classification means determining what is separate property and what is marital or community property. In determining spousal and child support, courts look at what the obligor spouse (the one who must pay) earns, and that analysis depends in large part on what the spouse’s earnings history has been. Your spouse’s income history may be reflected in the many pieces of paper gathering dust in closets and manila file folders.
• Child Custody and Visitation
  The Complete Guide to Divorcing a Narcissist is a seven part series. Divorcing a Narcissist with Child Custody Disputed is part Six. See below for links to the remaining parts. Unwritten child custody rules. Protect your child from a narcissistic parent. Tips for Co-Parenting with a Narcissist. Defend against false accusations of parental alienation.
• Adoption
• Paternity
• Premarital Agreement
  Prenuptial agreement pros and cons in Tennessee divorce: requirements, drafting, form, template, costs, example, enforcement, consultation, fees, rates, representation, and disclosure.
• Spousal Support
  Is adultery against the law in tennessee? Adultery is not a crime in Tennessee. The type of marital misconduct at issue here is a spouse’s infidelity having engaged in sexual relations with someone other than his or her spouse. With an allegation the guilty spouse committed adultery, the circumstances must have been voluntary and not forced upon the spouse against his or her will.  Although adultery can be both grounds for divorce and a factor the courts consider for determining alimony, the courts are not supposed to use adultery in a punitive manner.
• Legal Separation
  In my experience as a family lawyer, I’ve found that many people think legal separation is the same as divorce, only faster and cheaper.  In Tennessee, that couldn’t be further from the truth.
• Annulment
  Answer. Usually the second pleading in a divorce, separation, or annulment. An answer is filed in response to the Complaint and either admits or denies the Complaint’s allegations.
• Child Abuse
  As you might expect, there is a residency requirement for divorce under Tennessee law. The spouse must be a resident of Tennessee for six months or more before filing the divorce complaint. Alternatively, if the spouse resided in a different state when marital misconduct or acts supporting dissolution occurred, then residency is satisfied so long as one spouse resided in Tennessee for the six months immediately preceding filing. T.C.A. § 36-4-104. An exception to the six-month residency requirement may apply in an emergency, as with domestic violence or child abuse.

Criminal Law

• Criminal Defense
  An incestuous marriage is grounds for annulment in Tennessee law. A marriage is incestuous when between family members who are too closely related by blood, or consanguinity. In Tennessee, a marriage between siblings, between a parent and child, between grandparent and grandchild, between aunt and nephew or uncle and niece, or between first cousins, for example, would be a void marriage and annulled. In fact, incest may also be a Class C felony under Tennessee criminal law. T.C.A. § 39-15-302.
• Traffic Violations
  Yes. Generally, your family law attorney will only represent you in your family law dispute and not any other legal matter, not even a traffic ticket. A lawyer should not guarantee results. Lawyers may not act illegally or unethically. Additionally, most lawyers will not act against the best interests of children. Although not set in stone, some lawyers and judges believe that divorce lawyers have a legally enforceable duty to act only in the best interests of the children.
• Sex Crimes
  Nevertheless, even if illegal viewing of child pornography is not at issue, if the allegation of internet porn addiction is proven to be true, a parenting evaluation may be requested to determine whether or not the problematic behavior of the parent negatively impacts his or her parenting ability or the safety of the child or children involved in the custody case.
• Theft
• Misdemeanors
  In Tennessee, a person can only be married to one spouse at a time. Until the first marriage ends in divorce, death, or annulment, the second marriage is void. Bigamy (and polygamy) is grounds for divorce as well as annulment. Furthermore, bigamy may be a Class A misdemeanor crime, although the reasonable belief that the first marriage ended in death, divorce, or annulment is a legal defense. T.C.A. § 39-14-301.
• Assault
• Murder
  In 2001, the Tennessee Bureau of Investigation reported that 63,802 domestic violence incidents- including murder, assaults, and sexual offenses- occurred throughout the state of Tennessee (Crime in Tennessee 2001). According to the Office of Criminal Justice Program’s collection of statistics from domestic violence programs, during 2003-2004, domestic violence organizations...
• Homicide
• Restraining Order
  These are known as the “initial filings.” State approved forms for the initial filings may be found online at: tncourts.gov/help-center/court-approved-divorce-forms. The “Request for Divorce,” “Spouses’ Personal Information,” and “Restraining Order for Divorcing Spouses” forms found online are simpler versions of the Complaint, Notice of Mandatory Injunctions, and Confidential Information forms typically filed by attorneys. The Summons and the Certificate for Divorce forms may be obtained from and prepared at the Fayette County Chancery Court Clerk and Master’s office when submitting the initial filings.
• Forgery
  Conviction of an Infamous Crime. “Infamous” crimes are designated by Tennessee statutory law. Examples include bribery, breaking into an outhouse, forgery, incest, larceny, horse stealing, rape, and destroying a will.
• Prostitution
  Here, the hypothetical becomes slightly more scandalous. The wife engages in numerous extramarital affairs. The husband is monogamous. The husband files for divorce, alleging adultery. However, the husband neglects to mention in the divorce complaint that he was paid for his wife’s adulterous affairs. In this case, the wife should raise the affirmative defense of connivance, which is valid when the husband plays an active role in the wife’s prostitution. Connivance is presumed to be an affirmative defense for both men and women.

Business and Corporate Law

• Limited Liability Companies
  7. Business ownership records. For corporations,find all records indicating ownership interest, such as stock certificates, charters, and corporate minutes. For partnerships and limited partnerships, look for any documents titled or captioned as an “agreement.”  For limited liability companies, search for operating agreements. For “trusts” or “joint venture agreements,” those words may be in the titles or headings of key documents. Know that, for any type of business or trust, the documents may be titled or headed using many different combinations of words. If you think your spouse owns part of a business, even a small part, tell your lawyer.
• Trade Secrets
• Intellectual Property

Employment Law

• Employment Contract
  J. Jumping on the documents. Examples of papers the attorney will need to see include federal and state income tax returns (including copies of W-2’s), pay records for the current year, financial statements, employment contracts, explanations of benefits, and all canceled checks and credit card charge records for at least the last twenty-four to sixty months. Be sure to make copies of anything that might be important before it disappears.

Property Law

• Real Estate Litigation
  Yes. The lawyer selection process is very important.  There is no such thing as a “standard” divorce. Ask around. Odds are that you will find that at least one of your friends or co-workers obtained a divorce without a lawyer and lived to regret it. Seemingly simple estates are often more complex than they seem. Real estate law, debt refinancing, insurance, pension valuation and division, retirement asset division, child custody, child support, taxes, and business ownership division can pose unique problems to any case. In every case, there must be a determination of which assets are marital property and which are separate property. Your lawyer can advise you as to how the court might divide that property in the event of a trial. Additionally, your lawyer can advise you on how much money, if any, you should accept or offer for alimony or child support.  For more, see Why Representing Yourself in a Divorce is a Terrible Idea by 7 Top Family Lawyers.
• Premises Liability
  14. Insurance. Your lawyer needs copies of all insurance policies, including, but not limited to, life, annuity, health, accident, homeowner’s, renter’s, casualty, motor vehicle of any kind, property, or premises liability insurance. Also, many policies have separate “declaration pages” listing the specific names of owners, beneficiaries, and key financial information. Finally, make sure to obtain recent statements showing balances and premiums due. These statements generally are issued monthly, quarterly, or annually. If appraisals have been obtained to insure valuables under a homeowner’s insurance policy, copy those as well.

Immigration Law

• Citizenship and Naturalization

Health Law

• Personal Injury
  Number Two. When deciding whether to file for legal separation or divorce, legal separation may be the sensible choice, but only in very rare circumstances. If you want to be divorced, but need to continue health insurance, then legal separation may be the best way to proceed. That’s because divorce is a terminating event for health insurance coverage, whereas legal separation is not a terminating event. If health insurance coverage is through your employer, your spouse will still be covered after legal separation. By contrast, your insurance won’t cover your former spouse after the divorce. That said, your ex may be eligible for COBRA coverage. But that is not the same as being on your policy as a spouse. Similarly, if you have some other estate planning reason, then legal separation may be a sensible choice for you. For instance, it may be necessary to stay married in order to continue as a beneficiary under a trust.  Legal separation is not a sensible choice if you plan to remarry. You must have a divorce decree to marry someone else.  Legal separation is not a sensible choice if you want to be free of your spouse’s debts or legal problems such as a bankruptcy or personal injury lawsuit, for example.

Trusts and Estates

• Estate Planning
  In situations where one spouse surprises the other with a Postnuptial Agreement and claims that the agreement is really for an otherwise benign reason, such as estate planning or tax avoidance purposes, be careful. Definitely obtain expert and independent legal advice. In this circumstance, the spouse receiving the proposal should never rely on the word of the proposing spouse or rely on the advice of the other spouse’s attorney. Rarely are these documents prepared in a vacuum. The other spouse may be making his or her first move as part of a very well thought-out marriage exit plan.
• Wills
  18. Wills, living wills, powers of attorney, and trust agreements. Whether they were executed by you or your spouse, pull together all records of wills, living wills, powers of attorney, and trust agreements or declarations, as well as copies of all statements, receipts, disbursements, investments, and related transactions. Powers of attorney are special documents that may allow a person to act legally on behalf of another. They can be very dangerous in a divorce. If you even suspect you have signed a power of attorney, tell your lawyer. You may need to revoke it immediately.
• Power of Attorney
• Probate

Finance Law

• Bankruptcy
• Foreclosure
  Is one party a military spouse? When the other spouse is in the Armed Forces on active duty or deployed, the Servicemembers Civil Relief Act (SCRA) can give that military spouse more time to file a responsive pleading. See 50 U.S.C. App. §§ 501, et seq. Very generally, the SCRA protects the rights of service members’ by allowing for postponement of civil lawsuits (divorce, child custody, bankruptcy, foreclosure, and more) and administrative proceedings in certain situations. With divorce proceedings, the SCRA may delay the time to file an answer, allowing the military spouse a reasonable opportunity to prepare for the family law proceedings.
• Tax Law
  S. Support – child support and pendente lite support. In Tennessee, a motion for pendente lite support is a legal process by which a dependent spouse may receive child support, alimony, or attorney’s fees pending the litigation. Most states have a rigid formula for calculating child support. These formulas for calculating child support can differ dramatically in results from state to state because they often consider different factors. Tennessee now considers the income of the primary residential parent. Understand that “net income” is not necessarily the same as taxable income, but it can be. Calculating child support for a self-employed person can be especially challenging because a particular state’s definition of gross income and allowable deductions do not necessarily mean the same as that under federal income tax law. Tennessee recently enacted new law allowing credit for support of the obligor’s other children.