Expungement of Criminal Records in Tennessee

Many people have made mistakes that have landed them with a criminal record.  If you are one of these people, then you know how difficult it can be to be hired in this economy with a less than spotless record.  If you are eligible, than you may be able to have your criminal record expunged or cleared.  While not all convictions are able to be expunged, if the charge was dismissed or resolved with a pre or post trial diversion you may be eligible to have your charges wiped off.  That means that potential employers will not have access to your records or see your record following a background check.  If you were charged with a crime and are seeking to either clear your record or fight your charges, than let the Law Offices of Andrew E. Farmer fight for your rights and your good name.  Our attorneys practice throughout Sevierville, Pigeon Forge, Gatlinburg and Blount, Jefferson, Cocke and Knox Counties. 

Can I move out of state with my kids if my Ex doesn't agree to it?

Before a parent may relocate with a child or children against the wishes of the ex-spouse, then the parent wishing to relocate must get approval from the Court.  Before the Court will grant the relocation the Court must find that such a move is in the child's best interest.  To make that determination, the Court will evaluate several factors including the following:

•The purpose of the move (job relocation, better job or remarriage),

•The distance of the move from the non-custodial parent,

•The effect the move will have on the non-custodial parent's visitation rights,

•Whether the move will disrupt the child's current life or routine,

•The effect the move could have on the child's relationship with other siblings or grandparents,

•The child's own wishes, as well as

•The needs of the child.

If you or your spouse is wishing to move out of state with your minor child or children, then let The Law Offices of Andrew E. Farmer assist in fighting for you and your child's best interests.  Our licensed Tennessee attorneys practice in all the courts of Sevier, Jefferson, Blount, Cocke & Knox Counties. 

Tennessee Eviction Process

Tennessee does not allow for a landlord to simply evict a tenant themselves.  In order to remove a tenant that has not paid rent or has otherwise breached the lease agreement, a landlord must first provide proper notice to the tenant to vacate.  The amount of time a landlord must give to the tenant will vary depending upon the reason the eviction is sought.  A landlord should contact an attorney prior to demanding the tenant to leave or for simply providing notice.  If and when notice is properly given, the landlord must then file a Detainer warrant with the General Sessions Court and seek to have the tenant removed.  Only upon granting of the Detainer action is the tenant legally evicted from the property.  It will be up the local sheriff's department to enforce the eviction.  The tenant will have (10) ten days from the Detainer action being granted before the Sheriff may forcefully remove the tenant. 

If you are a tenant being wrongfully evicted or a landlord seeking to properly remove a tenant, then allow the Law Offices of Andrew E. Farmer to assist you in protecting your legal rights.  Our attorneys practice in Sevier, Jefferson, Cocke, Blount & Knox Counties.

My Ex isn't paying child support. Can I refuse his visitation time?

It is an all too common issue that arises in custody cases.  One parent is not paying his or her portion of the expenses or child support so the other parent simply refuses visitation to that parent.  This is in no way allowed under our laws.  Simply failing to be timely on child support is not grounds for a parent to refuse visitation with the child. Only the Judge in your case can modify the custody orders.  Failing to follow the court's order simply because the other parent is not current can land you in trouble with the court and is not in the child's best interest.  There are other appropriate remedies that your attorney can advise you of if your Ex is not paying his or her support obligations.

If you are looking for knowledgble custody attorneys in Sevier, Blount, Jefferson, Cocke or Knox Counties, then let the Law Offices of Andrew E. Farmer fight for you and your child's rights.

Prenuptial Agreements and the Modern Marriage

In the current relationship landscape it has become common place for marriages to not last forever.  Even though no one enters into a marriage thinking that the marriage will not survive the test of time, approximately half of all marriages in the United States will end in divorce.  If you are engaged to be married, I recommend that you discuss the ramifications of a prenuptial agreement with an attorney.  A prenuptial agreement allows for sound financial planning in the event of divorce and will often allow for a less contentious divorce.  In order for the agreement to be valid the agreement must be written, signed by both individuals, notarized and must not be unconscionable.  Unconscionable in this context would mean that the agreement must not place an undue burden on one individual such as to leave one individual destitute or unable to provide for themselves.  It is strongly recommended that an attorney draft the agreement and that each party have the opportunity to discuss the agreement with each individuals' separate counsel. 

If you are engaged and live in Sevier, Cocke, Blount, Jefferson, or Knox Counties, then let the The Law Offices of Andrew E. Farmer assist in protecting your financial future by drafting your prenuptial agreement. 

Do I have to hire an attorney to file bankruptcy?

While there is no requirement that you file your bankruptcy with an attorney it is not advisable often to do so.  If you file without an attorney, then you may lose money or property that may otherwise be protected.The Bankruptcy Code changes often and not knowing the laws may cost you dearly.  Let the attorneys of The Law Offices Of Andrew E. Farmer assist you in your bankruptcy matters.  Our attorneys practice in Sevier, Blount, Jefferson, Cocke & Knox Counties

Do I have to pay child support?

Occasionally, a parent going through divorce will ask if he or she will have to pay child support.  It is important to understand that in a case where custody is to be divided between the parents, then there will be one parent who is likely to have to pay child support.  The reason why is not that the other parent necessarily is only after money, but that the State of Tennessee requires that the support of the minor child or children be included in any Permanent Parenting Plan.  The amount of child support to be paid is determined by the State's child support calculator.  The factors involved in child support include the amount of time with each parent, the cost of health insurance on the children, the total number of children, the gross monthly income of the parents and necessary work related child care expenses.  When these factors are examined, it is even possible that parents who have approximately equal income and time have a father or mother paying support. 

If you are going through divorce, then allow the attorneys of The Law Offices of Andrew E. Farmer assist you in fighting for your rights as a parent.  Our attorneys practice in Sevier, Knox, Jefferson, Blount and Cocke Counties. 

Divorce and Dating

Often people going through divorce will ask "When can I start dating again?"  While it is common for individuals to be dating or seeing other people while separated or going through divorce, until the divorce is granted by the Judge then legally that is adultery.  While there is no legal waiting period after a divorce to start dating again, I recommend that you do not start right away.  Even though often after or during a divorce people feel relieved to be done with the prior relationship, there still is a grieving process.  Marriage and the relationship that existed is a large part of any person's life and people need time to mentally and emotionally process the experience of being separated and divorced.  When you move from one relationship to another without the opportunity to be single for awhile then you bring a lot of emotional and mental baggage from the prior relationship into the next relationship.  A good rule of thumb is to not make any new major life changes or decisions within a year after the divorce, and that includes being involved in another serious relationship.  This will allow you time to become truly single and independent again so that your next relationship can start out fresh without being tainted by your prior relationship experience.

If you are looking for an experienced and compassionate attorney to help guide you through your divorce or custody matters, then allow the licensed attorneys of The Law Offices of Andrew E. Farmer fight for you.  Our attorneys practice in Sevier, Cocke, Jefferson, Blount & Knox Counties. 

Can I get a divorce if my spouse will not sign our paperwork?

This is a common question that comes up when dealing with divorce matters.  While it is usually cheaper and faster to get a divorce when both spouses are in agreement, it is not necessary.  If a wife for example were to file for a divorce from a husband that was abusive, then is the court going force that wife to stay married to her abusive husband?  Absolutely not.  If that same wife were to file for divorce and the husband was served with the papers, then if the husband fails to answer the divorce complaint the Judge can grant the divorce by default judgment.  While this is not the only way to get divorced to an individual who refuses to co-operate or sign, it is the more common way. 

If you are looking for experienced divorce and family law attorneys in Sevierville, Pigeon Forge, Gatlinburg or any of the surrounding counties of Blount, Knox, Jefferson, or Cocke, then let the attorneys of The Law Offices of Andrew E. Farmer fight for you and your children. 

Can I be arrested for not paying my bills?

There are certain financial obligations that failing to pay can land you in jail.  The first is child support.  Failing to pay child support can result in your incarceration.  You may also be incarcerated for failing to pay obligations related to criminal probation or parole if your probation or parole is revoked.  You could also be placed in jail for theft of services by running out on a meal from a restaurant for example. 

Tennessee does not have debtor's prison for regular civil debts.  That means you cannot be arrested or placed in jail for not paying your debts such as a credit card or even your mortgage.  However there can be severe personal consequences for failing to pay bills such as damaging your credit, repossession of your car, foreclosure on your home or even money being garnished from your pay check.   These consequences may often feel worse than simply being arrested as these debts often do not seem to have an end in sight. 

If you feel overwhelmed by your bills and you cannot pay your debts, then let the Law Offices of Andrew E. Farmer help you get the debt relief you desperately need.  Our experienced lawyers and staff can help you get relief in civil court and/ or bankruptcy.  We practice in East Tennessee in Sevier, Cocke, Blount, Jefferson & Knox Counties with our offices located in downtown Sevierville.

Legal Seperation

"If my spouse and I do not live together anymore are we legally separated?"  The simple answer is unless the court has declared you legally separated then you are not legally separated.  Legal separation is a formal legal finding where a couple is still legally married but the spouses are not liable to for the other's new debts or tax liability.  Additionally, legal separation provides parties with the ability to put an order for custody in place despite there not being a divorce between the parties.  Legal separation is common where there is a question between the spouses whether they are wanting to be divorced or if there are religious objections to getting a divorce.  

The divorce and custody attorneys of The Law of Andrew E. Farmer practice in Sevier, Jefferson, Cocke, Blount & Knox Counties.  We may be contacted at (865) 428-6737.

Can I ever get a mortgage loan after I have filed Bankruptcy?

Many people are concerned when filing Bankruptcy that they will never be able to successfully apply for a mortgage loan after they have done so.  This is just not the case.  Now it will depend on how aggressive you are at working towards rebuilding your damaged credit score, but there is light at the end of the debt tunnel.  If you have any valuable property that you may put forward as collateral, then even individuals with post-Bankruptcy credit can get loans.  Also, there are groups including credit cards who will offer credit at devilishly high interest rates to help you rebuild credit.  Be aware of such credit cards.  It is almost always a better idea to contact your local bank about the prospects of a secured credit card that is backed by cash.  It is a great, lower interest way of developing your credit following a Bankruptcy.

If you are looking for debt relief in Sevierville, Jefferson City, Dandridge, or anywhere throughout East Tennessee, then do not hesitate to contact the licensed attorneys of The Law Offices of Andrew E. Farmer at (865) 428-6737.

Can Bankrtupcy Actually Improve Your Credit Score?

While it is true that filing a Chapter 7 is the worst thing that an individual can do to their credit score, the damage may only be temporary.  On more than one occasion I have had clients that in 18 months of Chapter 7 to discover that their credit score was higher than before filing bankruptcy.  How is this possible?  If you are in a financial situation that has you over due on all your credit card bills and with a stack of civil judgments against you for not being able to pay your bills, then you may be able to improve your credit score long term by completing a Chapter 7.  The reason is that often in these situations, your debt-to-income ratio is almost all debt and no income.  This is a major factor in determining your credit.  Additionally, once you file there will be other credit offers being made to you that could help re-establish a positive payment history with credit.  However, I always strongly advise against taking on new credit cards and other debts after completing a bankruptcy.  If you would like to meet and discuss your options to get debt relief, then call the Law Offices of Andrew E. Farmer at (865) 428-6737.  Our licensed attorneys practice in Sevier, Knox, Blount, Jefferson and Cocke Counties.