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Questions Answered by Kimberly K. Schreiber
1 Answer | Asked in Car Accidents for Tennessee on
Q: Why did defendants lawyer in car accident ask me for my SS#
Kimberly K. Schreiber
Kimberly K. Schreiber
answered on Jan 29, 2013

This is a routine part of the discovery process. Both sides are entitled to ask many questions in preparation for trial.

1 Answer | Asked in Car Accidents for Tennessee on
Q: I was in an accident and not at fault. When I called my insurance I found out it had lapsed. Am I liable to the driver

I immediately changed insurance companies since the one I had could not send me information on the lapse nor would they answer the phone. Thank you for your help. I do plan on telling police about the lapse and I'm certain I will be in a lot of trouble.

Kimberly K. Schreiber
Kimberly K. Schreiber
answered on Jan 29, 2013

If you were not at fault, you should not have to pay for anything. You should be able to collect on the damage to your car from the at-fault driver. You might have to pay for your own car if the other driver was uninsured or underinsured. The police may charge you for failing to have insurance,... View More

1 Answer | Asked in Divorce for Tennessee on
Q: How can i get a pro-bono or income based divorce lawyer?
Kimberly K. Schreiber
Kimberly K. Schreiber
answered on Jan 29, 2013

Contact the Legal Aid society in your county. They often have local lawyers that sign up to take pro bono cases and some staff attorneys. You will need to fill out an affidavit of indigency and prove that you have little or no income. If your spouse has money, some lawyers will take a reduced... View More

1 Answer | Asked in Estate Planning for Tennessee on
Q: CAN MY WILL BE REVOKED BY MY LIVING SPOUSE UPON MY DEATH?
Kimberly K. Schreiber
Kimberly K. Schreiber
answered on Jan 29, 2013

Your Will cannot be changed once you die. She can change her will after your death, so if you leave everything to her you should have an experienced estate planning attorney draft the documents.

1 Answer | Asked in Car Accidents for Tennessee on
Q: I got cited for leaving the scene of an accident when the lady admitted she was at fault. Do I need a lawyer?
Kimberly K. Schreiber
Kimberly K. Schreiber
answered on Jan 29, 2013

It is always best to get a lawyer if you can afford one. They know the local court rules and can advise you of your best course of action while protecting you from making costly mistakes that will effect the rest of your life.

1 Answer | Asked in Divorce for Tennessee on
Q: Does TN have an alimony law? Can my wife get alimony?
Kimberly K. Schreiber
Kimberly K. Schreiber
answered on Jan 29, 2013

Alimony is based on many factors. Some of the factors she will need to prove are that she has a need, you have the ability to pay and the court will also consider the length of the marriage and the education level of the parties. For example, a stay at home Mother that put her Husband through... View More

1 Answer | Asked in Divorce for Tennessee on
Q: I'm dating a guy who is going through a divorce. He and his wife's papers were signed, and we was waitin' 30 days to be up

Then his wife contested the divorce. What happens now?

Kimberly K. Schreiber
Kimberly K. Schreiber
answered on Jan 29, 2013

The waiting period for divorce in Tennessee is 60 days for parties without minor children and 90 if you have children together. If she is contesting the divorce, but has already signed the Marital Dissolution Agreement, you will have a hearing to determine what the grounds are for contesting the... View More

1 Answer | Asked in Divorce for Tennessee on
Q: If the plaintiff in a contested divorce doesn't want to go to trial or mediation what can the defendant do?
Kimberly K. Schreiber
Kimberly K. Schreiber
answered on Jan 29, 2013

You can petition for an Order to go to mediation. Many judges will not set a case for trial until the parties have mediated at least once and sometimes twice. You can find a list of mediators at www.tncourts.gov

The Defendants attorney can Motion to Set for trial and the judge will order a...
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1 Answer | Asked in Divorce for Tennessee on
Q: Divorced in 1997 moved to GA for past 15 years. Still carry his last name. How can I have use of my maiden name?

I got divorced from my husband back in 1997 in Clarksville, TN. I asked my attorney for the use of my maiden name. However, my attorney allowed his attorney to draw up the papers and in the final decree it stated that I did not ask for use of my maiden name when in indeed I did. I told my... View More

Kimberly K. Schreiber
Kimberly K. Schreiber
answered on Jan 29, 2013

You can change your name by filing a petition in Georgia for a name change. Anyone can change their name by paying a fee. It would have saved you the fee if it was in the Final Decree, but that is so old that you are better off just asking the GA court for a name change.

1 Answer | Asked in Divorce for Tennessee on
Q: Husband filed petition for divorce but spelled my name wrong and the marriage date please advise
Kimberly K. Schreiber
Kimberly K. Schreiber
answered on Jan 29, 2013

When answering the Complaint for divorce, you can "deny" and correct the statistical information he submitted. You generally need to file an Answer to his divorce complaint within 30 days.

1 Answer | Asked in Divorce for Tennessee on
Q: How do a public servant who wants a divorce from spouse who is committing adultery and not have to pay
Kimberly K. Schreiber
Kimberly K. Schreiber
answered on Jan 29, 2013

Many counties have a guide for filing for divorce. You can contact your local clerk's office in the county where you live to see if they have any forms or help for you. Many counties also have a legal aid society that provides free or reduced rates for low income or "indigent"... View More

1 Answer | Asked in Divorce for Tennessee on
Q: Me and the father have joint custody but he rarely gets the 2 boys and doesn't pay child support. What can I do?

I was wondering if I could claim both my boys on income tax seeing how the father doesn't contribute. He has supposed to be getting the boys every Sunday, sometimes he does sometimes he doesn't. If he asks me to bring them to his mothers house which is 30 minutes away, I ask for gas money... View More

Kimberly K. Schreiber
Kimberly K. Schreiber
answered on Jan 29, 2013

The parent receiving child support is generally the one entitled to the tax exemption. It sounds like you need a Parenting Plan. That will line out all the time he receives and both of your rights. It can also help calculate child support by figuring the number of days each parent has. Contact... View More

1 Answer | Asked in Divorce for Tennessee on
Q: IN A SHELBY COUNTY TENNESSEE DIVORCE WHAT FORM SHOULD I FILL OUT IF COURT AWARDED PROPERTY WAS NEVER GIVEN TO ME BY MY E
Kimberly K. Schreiber
Kimberly K. Schreiber
answered on Jan 29, 2013

If the property was awarded in the Marital Dissolution Agreement and was never turned over, you can file a Petition and ask the court to hold her in contempt for failing to comply with the court's order. They will likely give her a time frame in which to comply. You should contact the lawyer... View More

1 Answer | Asked in Family Law for Tennessee on
Q: I have a parenting plan that states I am to pay for dental expenses for my child if deemed necessary by the dentist.

My ex wife took her in to get braces and the dentist stated they are not necessary and signed an affidavit to that matter. What do I do now? Do I file a motion for relief? Or what do I need to file?

Kimberly K. Schreiber
Kimberly K. Schreiber
answered on Jan 29, 2013

Don't pay it. If she wants you to pay, she will have to file a Motion for Contempt against you. If she does that, bring the letter from the Dentist as your defense and say the procedure is not necessary.

1 Answer | Asked in Family Law for Tennessee on
Q: My sons fathers name is not on his birth certificate, another mans name is whom i do not have contact with.

It is the paternal grandparents filing as his father has little to do with him. the man listed on my sons BC refuses to show up to court to have his name removed even after ive filed numerous times.

Kimberly K. Schreiber
Kimberly K. Schreiber
answered on Jan 29, 2013

Is the biological Father willing to establish paternity? He will need to get a DNA test and establish paternity through the courts. Until paternity is established, he (and the paternal grandparents) will not have any rights. The Judge will be hesitant to remove the other man's name until he... View More

1 Answer | Asked in Family Law for Tennessee on
Q: What kind of help can i get so I have rights to my daughter? He does not have custody of her.
Kimberly K. Schreiber
Kimberly K. Schreiber
answered on Jan 29, 2013

Do you have a Parenting Plan? Tennessee has a great parenting plan form that can be filled out and filed with the court. It also outlines the rights both parents have in this state and tells you what to do if you want to relocate. It will help clearly define when each parent receives time with... View More

1 Answer | Asked in Estate Planning for Tennessee on
Q: Is the Executor of an Estate Required to live in that state (Tennessee)
Kimberly K. Schreiber
Kimberly K. Schreiber
answered on Jun 19, 2012

The short answer is no, they are not required to live in Tennessee. When choosing someone to be the Executor of your estate it is often easier for them to perform that duty if they live near you. However, with the mobility in today's society sometimes family members are spread out and the... View More

1 Answer | Asked in Divorce for Tennessee on
Q: Is there online form to use in Shelby County TN to send to ex, to serve as notice of my move w/kids to another state?
Kimberly K. Schreiber
Kimberly K. Schreiber
answered on Jun 19, 2012

I don't practice in Shelby County, so I'm not sure if there is an online form. You can easily notify your ex through certified mail, so long as you follow TCA 36-6-108. The provisions there are very particular and your ex has the right to dispute the move. A copy of TCA 36-6-108 is... View More

1 Answer | Asked in Divorce for Tennessee on
Q: What form and actions do I need to take if I want to file a motion for contempt on my ex for not following the divorce?
Kimberly K. Schreiber
Kimberly K. Schreiber
answered on Jun 19, 2012

A Motion for Contempt is a standard form that may be filed with the Court. It needs to reference the area(s) of the divorce complaint that you allege are in contempt. You can contact the attorney that handled your divorce and ask them to draft and file it or use the header on your divorce papers... View More

1 Answer | Asked in Estate Planning for Tennessee on
Q: What is the 120 hour code (in a will) in the state of TN?
Kimberly K. Schreiber
Kimberly K. Schreiber
answered on May 17, 2012

Are you discussing presumptions for simultaneous death? Wills can include a provision that states one spouse must survive for 30 days in order to inherit from the other spouse. If there is a similar clause in a contested estate, you will need an attorney to look at it and see if it is valid under... View More

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