Property Division and Alimony in Sevierville and Knoxville Tennessee

Except for that property belonging to a spouse prior to the marriage, or received as a gift or as part of an inheritance during the marriage, couples will need to divide marital property at the time of divorce.  If spouses can agree on an equitable division of property and assets, the court will most likely approve the division.  However, if an agreement cannot be reached, the court will intervene and divide the property according to Tennessee statutes governing property division, taking a number of factors into consideration to ensure the most equitable division of marital property.  These factors include:

• Length of marriage
• Financial status of each spouse
• Each spouse's relative ability to acquire property in the future
• Contributions to marital property
• Amount of separate property belonging to each spouse
• Tax consequences
• Age, health, skills of each spouse
• Contributions made by one spouse to the education or earning potential of the other

Do not hesitate to contact one of our experienced licensed Tennessee Attorneys for any of your family law issues.  Child Custody in Tennessee or Divorce in Tennessee.  Sevierville Tennessee and Knoxville Tennessee.

Alimony laws can vary considerably by state, as evidenced by the legal changes and attempted reforms that have launched in various states this year. Alimony laws have not changed recently in Tennessee, but people in Nashville and other parts of the state who are preparing for a divorce can still benefit from understanding how alimony laws in the state are structured.

Alimony guidelines and options

The Tennessee Code stipulates that one spouse may be ordered to pay alimony to provide for the other spouse. There are four types of alimony that can be awarded in Tennessee:
- Rehabilitative alimony, which provides temporary support while the recipient adjusts and becomes financially established.
- Alimony en futuro, or periodic alimony, which is ordered when rehabilitative alimony is not feasible and continues until the recipient dies or remarries.
- Transitional alimony, or bridge-the-gap alimony, which helps the recipient transition to being single.
- Alimony in solido, or lump sum alimony, which is paid all at one time.

It is also important for people divorcing in Tennessee to understand the limitations of alimony. In some states, the aim of alimony is to help the recipient spouse maintain the same standard of living that he or she enjoyed during the marriage, but in Tennessee, this is not exactly the case.

Limits to alimony awards

A press release on the official Tennessee courts website describes an important alimony case that was heard by the Tennessee Supreme Court in 2011. A couple divorced after 21 years of marriage, and as both people had a college education and jobs that paid well, their property was divided fairly equally, with the woman being awarded a little more than half. The court declined to award alimony.

When the woman appealed the decision, the Court of Appeals ruled in her favor, awarding her periodic alimony and lump sum alimony to cover fees associated with pursuing the issue in court. However, Tennessee's Supreme Court reversed this decision, noting that it is typically more expensive for a couple to live separately, and that in most cases both spouses will have to downgrade their lifestyles to a degree. Since the woman was healthy, receiving adequate income and possessing a reasonable amount of property from the divorce settlement, alimony was not found to be necessary.

This case underscores the reason that it is important for anyone involved in a divorce to seek legal counsel when settling alimony -- or almost any issue -- during divorce proceedings. Although judicial discretion can play a large role in a divorce settlement, both couples still need to be aware of their obligations and the extent of their rights.

If you are preparing to file for divorce in Tennessee, you should make sure to speak with an attorney so that you understand what your responsibilities and options are during this difficult time.

Sevierville Lawyer

      The Law Offices of Andrew E. Farmer located in Sevierville, Tennessee offer various areas of practice in order to serve our clients. Areas of practice include Criminal Defense, Personal Injury, Workers' Compensation, Bankruptcy, Divorce, and Child Custody. If you are seeking a lawyer who will give you straight answers, skilled negotiation, delivers aggressive representation in the courtroom, you can be confident with the attorneys of the Law Offices of Andrew E. Farmer.
      If you need help pertaining to Real Estate, The Farmer Firm, PLLC an Insured Real Estate Title Agency provides excellent service for the entire spectrum of real estate needs including: residential and commercial closings, title searches and insurance, foreclosure transactions, buy-sell agreements, commercial and residential leases, contracts, and deed preparation. Our objective is to help our customers meet their financial, business, and real estate ownership goals.
       Give us a call today at (865) 428-6737. We will be happy to help you with all your legal needs.

Will I still receive Child Support from my Ex when they file for Bankruptcy?

          It is unfortunate that both bankruptcy and divorce are as prevalent as they are in modern society. Often times the two events occuring around the same time. Stress relating to debt and financial woes can certainly take its toll on any relationship and marriage is certainly not exempt from these strains. Who knows, maybe money can't buy happiness but it likely gives any relationship a good start. Child support is one aspect that is to be considered as a divorce occurs, but what about the considerations of child support as a bankruptcy occurs?
         If you are receiving child support and the paying parent is  considering filing bankruptcy, or... on the other hand if you are paying child support and you are considering filing bankruptcy yourself you are likely concerned with the effects that the bankruptcy will have upon your situation. The answer is that usually child support payments cannot be discharged through a bankruptcy. Bankruptcies do not act as a stay upon the modification or establishment of child suport obligations. Furthermore, bankruptcy will not discharge child support obligations that are in arrears.
          Child support and bankruptcy can create some very complex situations and it is important that you seek the advice and knowledge of competent legal counsel. The Law Office of Andrew E. Farmer is happy to help and consult you on these complex situations. The Law Office of Andrew E. Farmer proudly helps its clients in Sevier, Knox, Jefferson, Cocke, Hamblen, Washington, and Greene Counties. If you need advice or representation please call for a free consultation at (865) 428-6737.
         

Are online legal forms the same as the one's made by an attorney?

Many times people think that online legal forms are the same as those that an attorney would create for them.  I cannot stress enough that online legal forms are not a replacement for an experienced attorney who knows you and your case.  These types of forms are seen often in the realm of divorce filings.  Individuals who file paperwork that was simply a generic form printed from the internet do not have the same individualised and carefully tailored documents that best fit their situation.  If the court accepts your documents and signs your presented form order, then you will be bound by the language on that document.  You may not know the impact of specific terms or phrases that you have asked the court to accept.  When you are seeking a divorce, then let an experienced divorce attorney from the Law Offices of Andrew Farmer help you.  Do not trust generic online forms that are not designed and written specifically for you.  Contact our office at (865) 428-6737 today for your free consultation. 

Injuries Covered by Tennessee Workman's Compensation

Often people ask what injuries can be covered by Tennessee worker's compensation.  An injury that is covered is not a question of what kind of injury but one of how the injury occurred.  Any injury, disease, condition, regardless of fault, may be covered so long as the injury occurred  "out of and in the course of employment." Therefore, even diseases or complications such as heart conditions and broken bones may be eligible for Tennessee worker's compensation.  It is important that if you have question regarding your rights under Tennessee worker's compensation that you contact an experienced, licensed and diligent attorney such as the Law Offices of Andrew E. Farmer.  Our offices may be contacted at (865) 428-6737.  Our skilled Tennessee worker's compensation attorneys practice in Sevier, Jefferson, Knox, Cocke, Blount and throughout all of East Tennessee.

Taxes and Divorce

With taxes being filed throughout this time of year, common problems arise in divorce and custody cases.  These are often disputes over who can claim the children and whether or not a spouse may file and sign the other spouse's taxes without his or her knowledge.  As it relates to who can claim the children, it is often a case by case situation.  If there is a question in your case, then ask your attorney before you file.  As for whether or not a spouse can sign the other's taxes without permission or knowledge, the answer is that no spouse may sign a tax return or any other document without first being that spouse's power of attorney. 

If you are looking for an experienced Tennessee family law attorney to fight for you and your children, then call The Law Offices of Andrew E. Farmer at (865) 428-6737 for your free consultation.  Our licensed Tennessee attorneys practice in Sevierville, Pigeon Forge, Gatlinburg and throughout all of Sevier, Jefferson, Cocke, Blount and Knox counties. 

Office Pools for March Madness and the Law

Every year the calendar page turns to March and every year offices nationwide lose hours of productivity as people become wrapped up in March Madness and NCAA Basketball.  For a lot of offices this means tournament brackets and cash buy-ins.  What most people do not realize is that such office pools are illegal in Tennessee.  The participation in gambling can range from a Class C Misdemeanor (the lowest level criminal offense) to a Class E Felony for Aggravated Gambling Promotion.  Gambling is defined as risking anything of value for a profit whose return is to any degree contingent on chance, or any games of chance associated with casinos, including, but not limited to, slot machines, roulette wheels and the like. Gambling does not include a lawful business transaction, annual events operated for the benefit of charitable 501(c)(3) organizations, and the state lottery. 

So when thinking about putting cash in on your office bracket pool, remember you are violating the law.  Unless you picked Kentucky this year, you would probably just be wasting your money anyway. 

If you or your loved ones are facing criminal charges, do not gamble on your future.  Contact the licensed Tennessee attorneys of The Law Offices of Andrew E. Farmer at (865) 428-6737 for your free consultation today. Our experienced trial attorneys practice in Sevier, Jefferson, Knox, Cocke & Blount Counties.

Can a Credit Card Garnish My Wages For Not Paying?

In these tough financial times, it is common for individuals to fall behind or even making the difficult decision to not pay a credit card bill.  Many people struggle with the monthly decision over which bills they can afford to pay.  This leaves most people without the financial freedom of having their wages garnished by unpaid creditors.  While it is true that most credit card companies will push to have you agree to having their bills automatically be debited from your bank accounts, they cannot simply take the money from your hard earned paycheck without a court's order.  In order to garnish your wages, the creditor must first show the court that they have a valid debt owed to them, then they must get a judgment for that debt owed in order to begin garnishing your wages.  If you have received a judgment against you by a credit card, then let the Law Offices of Andrew E. Farmer assist in bringing an end to the collection calls and garnishments.  Our licensed Tennessee attorneys can assist in debt negotiation as well as filing in the Federal Bankruptcy Court.  Our Bankruptcy attorneys practice in Sevierville, Pigeon Forge, Gatlinburg and throughout all of Sevier, Jefferson, Knox, Blount & Cocke Counties.  Call (865) 428-6737 to schedule your free consultation today. 

Tennessee Texting While Driving Law

Since July 1st, 2009 the State of Tennessee has banned driving a vehicle while texting.  The language of the statute is written to include cell phone text messages as well as written message on a PDA, i.e. an email.  If found to be in violation of this statute, then an an individual would be facing a C misdemeanor which is punishable by a fine of no more than $50.00 and court costs of no more than $10.00.  While this may be an expensive text message, the real worry is that distracted driving is unsafe driving.  Many automobile injury cases arise each year from a driver focusing on his or her cell phone rather than the road.  If you were injured in an automobile accident by a distracted driver, then let The Law Offices of Andrew E. Farmer fight for the compensation you deserve.  Our office may be reached by calling (865) 328-6737.  Our licensed Tennessee personal injury attorneys practice in Sevierville, Pigeon Forge, Gatlinburg, and throughout all of Sevier, Jefferson, Cocke, Blount and Knox Counties. 

Do you need a Will if you have a Power of Attorney?

Recently I was asked by a prospective client if she needed to have a will drawn up for her mother.  The fear was that going through probate after her mother died would be too much of a hassle for the family.  This particular individual had been told that since she held her mother's Power of Attorney that this would give her the authority she needed after her mother passed to handle the estate herself.  This is not true.  A Power of Attorney is only effective during the life of the individual.  If there is a Will, then the Executor under the Will shall administer the deceased's estate.  If the individual passes without a Will, then the Probate Court will have to name an Administor to handle the affairs of the deceased's estate.

If you are looking to provide guideance for your family upon your passing, then allow The Law Offices of Andrew E. Farmer assist you in creating your Will.  Our licensed Tennessee attorneys can also assist you in your Medical Power of Attorney,  Durable Power of Attorney and other estate planning matters.  Our offic may be reached by calling (865) 428-6737 and our attorneys practice in Sevierville, Pigeon Forge, Gatlinburg and throughout all of Sevier, Jefferson, Cocke, Blount & Knox Counties. 

Modifications of Child Custody Orders

When a judge puts down an order for child custody following a divorce, the notion is that will be the order until the minor child or children reach the age of 18.  More often than not, circumstances will change during that potentially 18 years period until the child becomes an adult.  When these changes occur, it may become necessary to modify the current custody order.  This is done in order to provide for what is in the child's/children's best interests.  In order to establish the necessary basis for such a modification, the courts require that a material change in circumstance has arisen.  Some changes may be obvious, such as a parent having to relocate due to employment, however it is not always as clear.  If you are seeking to modify your existing child custody order, then let The Law Offices of Andrew E. Farmer build the case you need to achieve your goals.  Our licensed Tennessee attorneys practice in Sevierville, Pigeon Forge, Gatlinburg and throughout all of Sevier, Jefferson, Cocke, Blount & Knox Counties.  You may contact us at (865) 428-6737.

Will My Employer Know If I file Bankruptcy?

It is common for people to be concerned that their employer will discover that they filed Bankruptcy.  For some people they are afraid of being fired or possibly they feel a sense of shame for needing debt relief.  These fears are understandable though probably not well founded.  In the event that a person was to be retaliated against for filing Bankruptcy, such as being terminated, then there are protection provisions in the Bankruptcy Code to protect the employee.  Unless your boss or employer is a creditor who needs to be listed in the Bankruptcy filing, then there is strong likelihood that your employer will not be made aware.  The primary exception being that in the event of a Chapter 13, then the required monthly payments to the Trustee could be debited from your wages.  In this event, then your employer would be made aware to facilitate the wages being debited from your check. 

If you are looking to file Bankruptcy and live in East Tennessee, then call the Law Offices of Andrew E. Farmer at (865) 428-6737.  We are a debt relief agency as defined under the Bankruptcy Code. 

Orders of Protection in Tennessee

Domestic abuse and violence in a relationship is always a tragic occurrence.  If an individual is the victim or the parent of minor child who is the victim of domestic violence, then it is important to report the abuse to the proper authorities.  Additionally, that person may seek an Order of Protection.  An Order of Protection is a civil order that prevents the abuser from coming around or even contacting the Petitioner.  An Order of Protection may require that the abuser not possess firearms and carries criminal penalties if the abuser violates the Order.  The Order of Protection may also extend to cover the custody of children in limited appropriate circumstances. 

Once a person swears out an Order of Protection, then the abuser will be served with a copy of the petition and an Ex Parte Protection Order.  The abuser will have to appear in Court in order to challenge the petition.  This often will require a hearing on the merits of the petition.  If you have taken out an Order of Protection and want a skilled attorney to fight for you at your Order of Protection hearing, then call the Law Offices of Andrew E. Farmer at (865) 428-6737.  Our attorneys practice in Sevier, Jefferson, Cocke, Blount and Knox Counties. 

I was hurt in a car wreck. Do I need an attorney?

If you were injured in a car wreck that was not your fault, then you may need an attorney to fight for you.  While nothing the court can provide can undo the damage that you suffered in your car wreck, the court can seek to compensate you for your loss and suffering.  While may people feel that they can deal with the other person's insurance company, remember that the insurance companies have teams of attorneys seeking to protect themselves and are not on your side.  Let the Law Offices of Andrew E. Farmer fight for you.  Our attorneys practice throughout all of East Tennessee to help you today.

Common Mistakes People Make Planning for Bankruptcy

There are many mistakes that someone planning to file bankruptcy can make unless they are guided through the process by an attorney.  Here are just a few of the more common mistakes made by some people.

1.  Transferring money or property to family members prior to filing bankruptcy- If you repay debts you owe to family members or transfer property to the name of a relative like a child, then the court can undo the transfer and distribute that money or property to your creditors.

2.  Not listing all of the person's assets when filing bankruptcy-  If it is found that someone hid assets from the Bankruptcy Court, then that individual can be charged in Federal Court with a felony!  Never hide your assets from the court.

3.  Failing to list a creditor-  If you do not include the creditor on your list of debts to be discharged, then that creditor could come after you to collect even after bankruptcy.

4.  Running up credit card debt immediately before filing-  If the debt on your credit card is less than 90 days old before filing bankruptcy, then it may be presumed to be non-dischargeable. 

It is always the smart decision to consult a licensed bankruptcy attorney prior to planning for bankruptcy on your own.  If you are thinking about filing bankruptcy or need help getting debt relief, then let the Law Offices of Andrew E. Farmer help you get financial relief.  Our attorneys practice throughout East Tennessee and may be reached at (865) 428-6737.

How important is Child Support in Tennessee?

Tennessee only allows a parent paying child support to stop paying child support permanently in only a few specific cases.  The first is to either move in with the other parent or marry the other parent.  You can also simply wait until your child ages out of child support by the later of either the child reaching 18 years old or graduating from high school , but you will need to verify with the Court that your payment obligations stop when the child turns 18 years old or graduates to avoid the continued support obligation.  The other option is to have your parental rights to the child terminated by allowing the other parent's new spouse to adopt the child as his or her own.  You cannot simply agree with the other parent to not pay child support in exchange for reduced or eliminated visitation with the child. 

If you are involved in either custody or child support battles with your child's other parent, then let the Law Offices of Andrew E. Farmer assist you in fighting for your rights as a parent.  Our attorneys practice in Sevierville, Pigeon Forge, Gatlinburg, Seymour, Kodak and the surrounding counties of Knox, Jefferson, Blount, and Cocke.  Our office can be contacted at (865) 428-6737.

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.