Tennessee Recent Legal Answers from Lawyers

Yes, alimony is absolutley an available option for divorcing parties in Tennessee. There are various types of alimony, so the type and amount of alimony is factually driven from case to case. Unlike child support, there's no formula for calculating alimony, and it will depend on multiple factors including (but not limited to), the need and ability to pay of the parties, the length of marriage, and even who is at fault for the divorce. Most divorce cases are settled out of court but if the parties cannot reach an agreement, it will be up to a judge to determine if and how much alimony is going to be. To get more information about alimony in your specific case, you should consult with a local divorce attorney. The marital residence in a divorce is typically a part of the parties' marital assets that are to be equitably (not equally) divided between the parties. There are multiple options when it comes to dealing with marital property. Examples include, but are not limited to: the house could be sold and its equity divided between the parties, it could be granted to one party or the other as their equitable division of the marital property, and/or it could represent a portion of alimony awarded to one party. In some situations real property may be considered to be one party's separate asset. Again, this is something that is going to depend on the specific facts of your case, so you should consult with a local divorce attorney to get an analysis of your specific situation.... Read More

Who is she?  Why was she drawing a check if she lost custody of your son, as well?  Have you seen the formal adoption file?  Has an attorney reviewed that file to determine whether the child was lawfully adopted?  Did the mother claim or have actual physical custody of the child?   Your's is a good question, but we need clarification.  Perhaps, this is something that needs to be discussed with the State of Tennessee if she lacked custody of the child.  However, this is unclear without a careful review of the adoption and child support law in Tennessee.... Read More

If she came here on a K fiancée visa, then she will not be able to get married to another person other than the one that she was sponsored by. If you are a US citizen, and she entered the country legally, and NOT on a K visa, but for example like a visitor visa or a student visa, then you can still sponsor her for her green card, despite that she's in overstay status. You should retain counsel to process your case. Some of us charge a very affordable flat fee and take the case from start to finish. This is done by entering a G 28 notice of appearance of attorney of record into the case. As far as the 864 affidavit of support, if your income is insufficient to financially sponsor her, then you can enlist the help of a joint financial sponsor who does meet the minimum income threshold.  ... Read More

How does this relate to immigration law?  More information is needed about how the property was owned.  It is unclear if your mother had a will and whether you had an interest or rights under Tennessee law. The above is general information, not legal advice, and does not create an attorney client relationship.... Read More

This can take years, even over a decade, because if and when the petition is approved, it will be transferred to the National Visa Center for storage.  For more information, you will need to learn how to read the State Department's Visa Bulletin.  This sort of fourth preference visa automatically terminates upon the death of the sponsor.  In addition, the children will be disqualified on or just after they reach 21 years of age.  Again, an appointment with a competent and experienced immigration attorney can help you decide whether it makes sense to file a petition.    The above is general information, not legal advice and does not create an attorney client relationship.... Read More

Uploading or sharing sexual photos or videos of another person without their permission is a crime.  If they do this, you should contact the police.  However, I always caution people not to enter the legal arena without speaking with an attorney first to avoid any unintended consequences.   You may want to consider hiring a lawyer to send a Cease-and-Desist letter.  While a cease-and-desist letter has little legal impact, the lawyer's letterhead gets the recipient’s attention.   This is a relatively inexpensive way to put the person on notice that you are not going to let these actions continue and that you are serious about pursuing your legal remedies.  It also tells the person that they could get in legal hot water which will cost them a lot of legal fees if nothing else.  This will often convince them to stop their evil ways.   You will want to discuss your situation with a lawyer in more detail. Many lawyers offer a free phone consultation.... Read More

Except under special circumstances (i.e. to prevent a future crime), which don't seem to apply here, an attorney is ethically bound to maintain his/her client's confidences, and can face discipline from the bar if he/she breaches that confidence.  He/she can also be liable to the client for damages caused by the breach of confidence.... Read More

First, you are required to notify the bankruptcy court of the inheritance. You can do so by advising your attorney. Next, yes, you could pay-off your chapter 13, but remember, you will be paying it off at 100%. You should consult with your attorney about this. If you do not have an attorney, hire one. I hope this helps. Good luck!... Read More

You would both be the landlord (or the host if the boyfriend is a guest who pays no rent).  If your co-owner's dementiz has advanced to the point that she lacks capacity to contract (for example, to buy a car), her agent under a Durable Power of Attorney or, if none, her guardian/conservator can act on her behalf and sign the lease (or agree to the invitation.)... Read More

You and your husband may sell your home (perhaps with you acting as your husband's agent under the Durable [Financial] Power of Attorney) and buy a new one in both names.  If there is money left over, after setting aside half of this money and other countable assets totalling about $130,000, the funds would be used to pay for your husband's care.  To be sure that you get it right, contact an elder lawyer near you.  You can find one on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More

In most states the court will appoint a lawyer to represent you. Even if yours does not, showing that you are able to manage your own finances should defeat your sister's claim that you need a conservator.  If you are having trouble (and even if you are not), appoint someone you trust as your agent under a Durable Power of Attorney.  A court will usualy not appoint a conservator is there is a Durable Power of Attorney in place.  ... Read More

A Will becomes a public document when it is submitted to a court for probate (proving that it is the Will of the person who died).  Check the local probate court.  If your mother died over a month ago and the Will has not been submitted for probate, there may have been no Will or someone may need an incentive to submit it.  Hire a local probate lawyer to help you file an application to determine heirship and be appointed to administer your mother's estate.... Read More

The executor and the executor's lawyer have no duty to talk with you.  More than a year after the court appoints the executor (the length of time varies from state to state), a beneficiary may demand an accounting.  This gives the heir time to collect the assets, pay the debts and file the final tax return. ... Read More