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Questions Answered by Leonard Robert Grefseng
2 Answers | Asked in Divorce for Tennessee on
Q: I have been estranged from my wife for 17 years and need a divorce.

She took off 17 years ago and I haven't really seen her since. She has a minor child from another man long after she left. I have a child she is not the mother of. Can I file a simple/uncontested in TN

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Nov 7, 2019

Probably not- you surely need a divorce, the problem is that in order for it to be "simple and uncontested" your wife must AGREE and sign paperwork. Your question says your haven't seen her in some time, so to get her to sign, you will have to find her and communicate. It's... Read more »

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1 Answer | Asked in Child Support for Tennessee on
Q: What is the percentage of child support in Tennessee on 2 kids?
Leonard Robert Grefseng
Leonard Robert Grefseng answered on Oct 31, 2019

Child support is no longer figured by a strict percentage of your income. Child support is now based on the monthly gross income of BOTH parents AND the number of days set forth in the parenting plan. There are other factors but the number of days and the parties' income are the most... Read more »

1 Answer | Asked in Divorce for Tennessee on
Q: Can I apply for an agreed divorce if I have 160$ on my personal 401 k
Leonard Robert Grefseng
Leonard Robert Grefseng answered on Oct 29, 2019

yes, I assume you a re talking about the forms put out by the Supreme court that say they ( the forms) can't be used if you have retirement benefits. The retirement benefits are not the problem, the problem is that dividing the benefits usually requires complicated court orders called QDROs (... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I let my ex wife move in to my spare room in hard times. How can I evict her?

My ex wife was going through a rough time and I let her move in to help. Since she moved in I have holes in the walls my personal property has been getting damaged and of course we have been arguing to the point of having the law called on more than one occasion. She has been threatening me with... Read more »

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Oct 28, 2019

In Tennessee, the procedure is to give her written notice to get out. If she was supposed to pay rent, she has 15 days to catch up the rent. Then you file in general session court a "detainer warrant" ( the court clerk will have a form for you to fill out). Actually, it sounds like she is... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: If two people formed an LLC, to own a rental property, can one of them choose to sell if the other is unresponsive?

My wife and her friend, who lives in Kenya, created an LLC to purchase a rental property in Memphis. The LLC is listed as the owner on the title document. The friend paid the initial deposit and has been collecting all of the revenue from payments made by tenants. My wife agreed to partner with... Read more »

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Oct 24, 2019

If the property is owned by the LLC, the "operating agreement" of the LLC controls resolution of any dispute among the owners/members of the LLC. If there is no "operating agreement," there are state statutes which control the dissolution of the LLC. It is unclear what you mean... Read more »

1 Answer | Asked in Intellectual Property and Real Estate Law for Tennessee on
Q: Hello I recieved an evition notice for possession only. I have alreaded moved out of the property. Do i have to go to

The court date on the notice?

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Oct 18, 2019

Strictly speaking, you should not have to go- they are seeking "possession only" ( that language is VERY important, so double check) and if you agree or have already surrendered possession, then there is no dispute and no need for you to appear. HOWEVER, as the saying goes - "better... Read more »

1 Answer | Asked in Child Support for Tennessee on
Q: My wife and I are filing an uncontested divorce. My question is, can we decide the child support payment?

Say the calculator says the payment would be 1200 a month and she only wants 500, will the court honor the 500 or will they make me pay the full amount

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Oct 17, 2019

In my experience, the judges follow the guidelines ( appellate court decisions says the guidelines have the same effect as laws passed by the legislature). The Judges are under a statutory directive to insure the child support law is obeyed. The guidelines do permit deviations, but only for a very... Read more »

1 Answer | Asked in Child Support for Tennessee on
Q: my childs father and I are not married. So paternity form will be filled out. Will he have to go get rights and pay

He thinks he gets out free and visits whenever. Is this true or does he have to go get rights and will they put him on child support.

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Oct 16, 2019

A child born to unmarried parents is, by statute, in the custody of the mother. To assert any parental rights, the father must file a paternity ( now called parentage) action, get DNA testing done to confirm paternity and have the Court/Judge establish the legal relationship. This means the father... Read more »

1 Answer | Asked in Collections and Contracts for Tennessee on
Q: Customer won't pay for work/parts he authorized abandoned car won't take our call authorized work/parts = 1600 Car = 300

We have an electronic record showing he authorized the work, parts and the costs. He only paid $500 for it and appears to have been trying to "flip" it for profit. It seems he's trying to cut his losses leaving us with labor and parts already paid out on his authorization.... Read more »

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Oct 8, 2019

Under Tennessee law, a repair service has a possessory lien on the vehicle for the cost of repairs- you can retain the vehicle until he pays for the work. At some point, you will need to file suit to collect the debt, and once you have a judgment, you can have the sheriff's office sell the... Read more »

1 Answer | Asked in Collections for Tennessee on
Q: Would I have to pay for an almost 10 year old water bill, that isn't even on my credit report?
Leonard Robert Grefseng
Leonard Robert Grefseng answered on Oct 4, 2019

The failure to list or report the debt to a credit reporting agency is irrelevant, the real issue is the statute of limitations: the legal deadline for filing suit. Beware; Local utility services are often non-profit agencies, and some have policies against allowing new services to individuals who... Read more »

1 Answer | Asked in Family Law for Tennessee on
Q: Should I file for an agreed divorce and get the stay away injunction or just file for an order of protection? He threate

He threatens me and my pets and destroys my property or gives it away he refuses to help me pay bills and e just keeps me in a state of fear

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Oct 3, 2019

divorce has significant emotional and financial consequences. It sounds like you need to file ( forget asking for an "agreed divorce" - if he has treated you so badly, you don't need his agreement, you have grounds to dissolve the marriage even if he disagrees). The order of... Read more »

1 Answer | Asked in Divorce for Tennessee on
Q: Considering divorce.. If I hold bank accounts with our Daughter, and with my Mother, is he entitled to those funds?

He is not an authorized signer/owner on either account.

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Sep 24, 2019

Impossible to answer without additional information; in a divorce in Tennessee, the judge is not bound by the labels or designations on title certificates, or deeds or signature cards on banks accounts. The classification of an asset as either "marital property" or "separate... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Can a husband take any of the property if the title is in my name and it was paid for with my inheritance
Leonard Robert Grefseng
Leonard Robert Grefseng answered on Sep 24, 2019

This is too complicate to answer in this simple question/answer format. if I understand what you are asking- it certainly sounds like it would be unlikely that a judge would award any of this property to your husband in a divorce situation. However, that are many other factors the Judge MUST... Read more »

1 Answer | Asked in Civil Litigation, Family Law and Child Custody for Tennessee on
Q: Hi, How do I file a petition to modify my parenting plan without a lawyer?
Leonard Robert Grefseng
Leonard Robert Grefseng answered on Sep 24, 2019

Sorry, but there is no "easy answer" to this: If you needed surgery, would you attempt to do it to yourself? Almost everyone says no, they would hire a professional to perform this service. However, rather than hire a lawyer, people will attempt complicated procedures and risk unfortunate... Read more »

1 Answer | Asked in Child Support for Tennessee on
Q: Lost my job, Childs Mother offered to put child on her insurance if I paid the difference. I was told an inaccurate

total. She waited two years in inform that me that I've underpaid. I will pay the corrected total going forward. Am I obliged to reimburse?

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Sep 19, 2019

If it was her mistake in telling you the wrong amount, I would say "No." It also sounds like the mistake should have been discovered much sooner, ( somebody was paying the bill or it was coming out as a deduction on a paycheck). However, to be 100% sure, all of the wording or your... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Landlord is selling house we lease in Tennessee. Will our lease remain intact?

There is no clause in our lease regarding this.

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Sep 18, 2019

Yes, if the new owner tries to evict or raise the rent, the prior owner will be in breach of your lease. The purchaser is buying the property "subject to" the contract ( your lease) already in existence, but only for the remaining term of the lease.

2 Answers | Asked in Divorce and Family Law for Tennessee on
Q: Can I get an Agreed Divorce in TN with no lawyer, if I own a home only in my name and my husband does NOT want it?

In Tennessee, you can get a simple agreed divorce, if you meet the requirements. One of the requirements is as follows:

•You don’t own buildings or land or a business together or have retirement benefits;

We meet all of the other requirements, but I'm not sure about this... Read more »

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Sep 17, 2019

Yes, you can get an agreed divorce without a lawyer, even if you own real property, but this is almost always an area of dispute ( since it is usually the parties biggest investment). Although your husband may not want the house, he may change his mind if he finds out he might be entitled to some... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: My tenant’s AC stopped working one evening. I missed her calls and she called repair man herself.

She got it fixed and texted me she would just deduct from rent. I know this isn’t legal but what is Landlords recourse? Can I withhold deposit for the repairs? It was a matter of a few hours, not even 24hrs to remedy on my pair.

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Sep 13, 2019

If she doesn't pay the correct amount of rent- that is a breach of the lease. She can only withhold rent in very limited circumstances, and as you say, it does not appear that she gave you enough advance notice or time to perform any repairs ( this assumes you are located in an area covered by... Read more »

1 Answer | Asked in Family Law for Tennessee on
Q: How do I gain guardianship of my mother with Alzheimer's and dementia?

My mother does not have a p.o.a. shes recently been diagnosed with dementia and Alzheimer's. Her bills are not getting paid. She's not eating. She refuses help and meals on wheels. I don't have the income to pay for court costs, how do I take over so she's financially safe and... Read more »

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Sep 13, 2019

You do not have to spend your money- the cost of a "conservatorship" should be paid from her assets. You will need a sworn statement/affidavit from her doctor confirming the diagnosis of dementia but also stating the doctor's opinion as to whether she can manage her own affairs ( do... Read more »

2 Answers | Asked in Estate Planning for Tennessee on
Q: Does the wife, in Tennessee, automatically get her diceased husband's personal property by law if he has no will?

My husband is "too busy right now" to draw up a will. We moved to Tennessee from Florida in Sept 2018 and bought a house with a mortgage. He has two daughters with families in Colorado. I am their step-mother. If he dies, does his personal property automatically go to me, his wife, by Tennessee law?

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Sep 11, 2019

A surviving spouse is entitled to certain household goods and the family automobile if the deceased spouses dies without a will. Review Tennessee Code Section 30-2-101. The surviving spouse has other entitlements ( a homestead allowance and a "years support, etc ) but all of these are NOT... Read more »

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