Tennessee Recent Legal Answers from Lawyers

I'm not sure anyone can answer that question without carefully reviewing the actual divorce document. One way of reading your question is that you had retirement from previous employers but that now it's gone, which depending on how it "got gone" could be a problem. I don't know that she would have a direct claim to your new retirement, but if there was money she was supposed to be entitled to and it somehow vanished,Certainly any current assets or income source, like your new retirement, is going to be on her radar.I try to stay away from answers like "you need to speak with a lawyer," but you do.... Read More

You need to immediately take your evidence to the police department and file a report. Criminal charges are generally brought as the state versus the person. If they are not helpful, there is a procedure where you yourself can go to a magistrate, but the better way to prosecute is through the police and the state prosecutors... Read More

The 401k is marital. I'd say the farm is marital at this point. The portion mortgages and the portion you jointly built on are clearest. The un mortgaged 25 acres would require a closer look. Being marital does not mean a court would have to award you half, though that's a starting point. ... Read More

Good morning. This is a great opportunity for people to ask questions of practicing attorneys. Your post is not really a question. you've posted a case number, anonymously. Even if an attorney wanted to spend their time for free looking up this case number, they won't know who you are in that case. They won't know what your issue is, so to answer your post someone would have to spend a huge amount of time researching something you didn't even identify,  to tell you everything about all the legal issues. I think if you have specific legal questions and post on this forum, it's likely that you will get a response from an attorney.  If "who can help me" is a way of seeking a lawyer to hire for your case, people would still need specifics. A short answer however is that if you have a case with the case number that means it's pending. If you do not have a lawyer, do you need one. That lawyer will help you.... Read More

Are you a US citizen? If yes you can sponsor your wife for her green card even if she overstayed her visa. If you're unemployed you would need to get a joint financial sponsor. Discuss your case with counsel in a free phone consultation. Some of us charge a very affordable flat fee for representation from start to finish and counsel anywhere in the USA can represent you. ... Read More

I certainly agree with the attorney who said you need to hire an attorney, but the short answer is this: Those things titled or deeded to your mom and her husband are his. Yes he was designated as a POD beneficiary, things like bank accounts and insurance policies may also just go to him. For those things that would pass through the probate court, and figuring that out as one of many reasons you probably will want an attorney, spouse and surviving children would equally share assets, although he gets at least 1/3. Spouse is also  entitled to one year's financial support paid by the estate "off the top," and also entitled to all the personal property in the house etc.    ... Read More

Good evening. The COVID-19 crisis is definitely not, let me repeat not, grounds to refuse summer parenting time. That is not me as a person criticizing your parenting, that is a lawyer answering your question. The judges in the state of Tennessee will absolutely consider a refusal to allow parenting time to be willful contempt of court.  The same order that apparently gives you primary custody gives him the summer visitation. If you have custody, then that is because you have a valid court order. That means it's valid both ways. Having primary custody does not mean you can modify parenting plan without court approval. I feel pretty sure that's not what you were hoping to see, and I'm sorry to give bad news, but I'm absolutely positive I'm correct. You do not want to deny this parenting time. Best of wishes to you and your family; I certainly hope everyone stays safe and healthy.... Read More

If the negligence of a Jiffy Lube' franchise caused your friend damages, she would have a civil claim against that franchise.   She might be able to concoct something against the franchisor, but, unless her contract was with the franchisor itself, the claim would be very weak and probably not worth pursuing.  Moreover, any claim she might have against the franchisee would be affected by the provisions of her contract, which might very well have provisions limiting liability.  For esxample, it might say that any recourse for negligence is limited to return of the amount paid for the services.  Such clauses are enforceable to different degrees in differenct states.  For example, in NY, the clause is enforceable for ismple negligence, but would not preclude recovery of actual damages if the plaintiff could show some culpability beyong simple negligence - gross negligence or intentional wrongdoing, for example.  I don't know what Tennessee law provides, or even if Tennessee law governs, since the contract probides otherwise.  It also may provide for arbitration.  The first step your friend needs to take is to read her contract (or hire a lawyer to read it for her).   P.s. I felt compelled to edit this to add that you will need an expert to testify that the cause of the problem was the failure to drain the used oil.  Your video can be useful for showing the condition of the car, but the part showing the goy from Pep  Boys opining as to what he thought the cause was failure to drain the oil will probalby be considered inadmissible hearsay (hearsay is an out of court statement offered in evidence to prove the truth of what the person said).  He was not under oath when he said it, he was not subject to cross-edxamination, and he had not been qualified as an expert (only experts are allowed to testify to their opinions, as opposed to facts of w hcih they have personal knowledge).... Read More

I think that it would be possible for a court to grant you joint custody with your mom by agreement. I don't believe that would be a very likely result if it was contested. I think what any lawyer would want to really dig into with you is what exactly the goal is. If you're living in a home with mom, I would think that pretty much your time with the child is not being restricted. if your mom is not discussing decisions with you about your daughter, that might be an issue, but if you're being included, then it seems like you are really already exercising joint custody, even if that's not what the paper says.Especially with a 16-year-old, there is not an agreement, she's liable to be something close to 18 by the time you could fight this in court and go to trial.That takes me back to the beginning; if your mom would agree to redraw the papers so that you and her had joint custody, I think a judge would approve that. If it was some kind of fight, I think either you would have custody or she would have custody, but not both.... Read More

Short answer is he cannot. If he is the biological father, he cannot terminate his own rights. If the mother were to bring an action for Termination of Parental Rights (TPR) against him, the Court can grant that if certain circumstances exist, but he cannot terminate his own rights.  To zoom out a bit, the law gives parents rights, and imposes obligations. The most common example is that a fit parent has the right to parenting time, but an obligation to pay child support. If I have a right, I can waive it. No court can force a parent to spend time with their children. An obligation is different. That parent who does not want any parenting time can still be forced to pay support, and if they have no parenting time, that support will be even higher. So, your husband cannot be forced to see these children. I don't know what that does to kids for a father to say he doesn't want them because of mom's drama, but legally, he does not have to exercise his rights. To the extent he has obligations, child support, payment of medical bills, exchanging yearly income information, etc., he can't lift those from himself. ... Read More

I'm a bit confused. If he is already convicted of violating the OP, then it won't matter if the OP gets dropped, he was guilty on the day he was convicted. However, you asked how to drop an OP, and the answer is that OPs are usually handled by family court/divorce attorneys, and also often by criminal defense attorneys. You can Petition the Court that issued the OP to drop the OP. It is still up to the Judge, but if a victim says they want it dropped, it will usually be dropped. If you can do that, certainly the inmate could speak with his attorney about filing a Motion to try and set aside his conviction. That would be handled by a criminal defense attorney. I think the DA will not likely consent to this. ... Read More

(b) A person commits the offense of vandalism who knowingly: (1) Causes damage to or the destruction of any real or personal property of another or of the state, the United States, any county, city, or town knowing that the person does not have the owner's effective consent; Although I think it's a pretty crappy criminal case, and I think an officer with sense might have told your boyfriend to take it to civil court, paying the monthly service bill does not necessarily make that your property. If it was a gift, then it was his property and you can't damage it. I don't know if a jury would say it was a gift, and if I was the DA I would drop this crap ass case, but I can't speak for DA's or cops. ... Read More

Were you and/or your son appointed an attorney for the truancy case? Sullivan House is, I think, considered more of a mental health/counseling situation than a lockdown. I'm sure it feels like a lockdown punishment, but I don't think the State of Tennessee considers it one.  In my experience, program length can have to do with how well somebody adapts to the program. If your son is not taking too well to it, that may be why his time got extended. Your son's attorney would know if there is any legal step that can be taken, or if your son just simply has to complete the program. Juvenile Delinquency is different from adult criminal cases. Technically, once a chiid is delinquent, the Court can hold them unti they are not a child anymore. A '30 day' charge for an adult can lead to a lot more than 30 days for a child.... Read More

It seems your question is an immigration law question. "Family Law" can be a bit of a confusing term, because your question is about your family, but that is not considered family law. If you will post again to the immigration section somebody qualified in that area will review your question.... Read More

You don't need a sponsor for a tourist visa. Very few require that. Just go to the US consulate in Zimbabwe and apply for a tourist visa. You will have to show evidence that you have sufficient ties to your country that would incentivize your return home. That includes a job, real estate you own, family members etc. You also need to show why you're traveling here , how long you will stay and proof that you have sufficient resources. Don't say you plan to work or to even baby sit your brothers children. ( if any). USCIS will deny you. ... Read More

If an agreement was entered in court the Order should conform to the agreement. However, lawyers and judges speak almost our own language. There are little phrases a judge will use that the lawyers know mean x and y, even though no person said x or y. Most judges take their own notes and will sign orders only if they are correct, in the judge's view. If the judge thinks an Order is correct and a person disagrees, there are Motions that can be filed but that's an uphill battle... Read More

You could try the "do it yourself" forms on the Tennessee Juducial Deoartment website. If you are able to use those, the filing fees will be a couple hundred dollars, and you are legally eligible for a final divorce 60 days after the case is filed. If you end up using an attorney, costs will vary depending on location, but I'd say average is around $2500 for a simple, uncontested divorce with a written agreement.... Read More