Get free answers to your Family Law legal questions from lawyers in your area.
I paid a divorce attorney in February 2022 to get a divorce, it went on for 11 months because my wife could not be found and, therefore was never served with papers. We made 1 court appearance and that was to get permission to run an add in the local paper. Soon thereafter, my attorney quit,... View More
answered on Apr 2, 2023
I assume the $1,000 does not include your filing fees, service fee, publication fee, or the ad litem’s fee.
Even then, $1,000 is awfully skinny to start a divorce case particularly if the attorney knew in advance you didn’t know where your wife is.
While you can sue, you might... View More
and no one has filled for probate. With little amount of stuff, will this even go to probate? Can the house be transfered to son with a balance still owed?
answered on Mar 27, 2023
If no Will probated, home is owned by heirs as tenants in common, subject to Deed of Trust. But if Note is not paid, foreclosure will occur. After 45 days from death, a
Small Estate Affidavit could be filed if personal property under $ 50K. If Probate is not needed, then do not file.... View More
can they get a warrant out on someone without facts after threatening other parties. making accusations
answered on Mar 27, 2023
Unfortunately he said/she said occurs in far too many criminal cases but the allegations of one individual is enough for the police to get a warrant for your arrest if it is enough evidence to support probable cause of the offense. If the individual is making threats to you and/or other individuals... View More
9 & 11 years can my husband adopt them?
answered on Mar 21, 2023
Great news! If you've been married for over six months, your husband has the opportunity to adopt your children. Although the biological fathers are entitled to notice, a skilled and creative attorney can assist in securing their consent, making the process smooth and stress-free. The judge... View More
He marked "hand directly to parent" on the papers and when I mentioned this to him he said he's just going to wait for them to come out of his check on its own. Do I need to take him back to court or what do I do because he doesn't want to pay it and the papers was filed March 2, 2023.
answered on Mar 16, 2023
It sounds like you did not go to Court, so you do not know what if anything is going on. Call Court and find out when the divorce decree was entered. Order for CS starts then. If no case at Court, then you are not divorced. If CS is not paid, then you must file a Petition to hold him in... View More
answered on Mar 1, 2023
They can let the prosecutor know but it is also up to the prosecutor whether to continue pressing charges.
Hello, I recnetly moved from TN to TX where I have a current parenting plan with my child's father. We currently have 90/10 custody/visitation set up where he gets every other weekend. I sent my notice to the father of relocation via certified mail 63 days before the relocation (PCS orders) .... View More
answered on Mar 21, 2023
You went above and beyond, including sending a notice to the Court. If you made copies of the letters, hopefully you sent them by certified mail, then you should be ok.
Product at school i.e. a vape
answered on Feb 12, 2023
Yes you can. It will be quite a bit more expensive, but it is possible. You need to demonstrate that you are financially and socially independent.
In most cases, teens seeking emancipation are actors or singers or athletes or inventors or entrepreneurs. If your parents object, the... View More
Auto,s guns and much more taken an sold . They are taking from my mom which is elderly but is of sound mind herself
answered on Feb 13, 2023
First you would need to get yourself appointed as the executor or personal administrator of your dad's estate. Then you would be tasked with marshalling your dad's assets and if some of them were stolen then you could file lawsuits against the thieves for return of the assets or the... View More
A partition has been done[2023]. I'm 40 years old born in 82 and uncle died in 2005.
answered on Feb 6, 2023
If you believe you are an Heir, then move to intervene in the Partition Suit immediately. Apparently the Plaintiff does not think you are one of the Heirs so he did not sue you. Be prepared to prove you are actually an Heir under the Intestacy Statute.
We reside in TN. I bought a house before marriage in my name only. I have always told my spouse that the home will always remain in my name only because I will pass it down to my child. He was aware of this prior to getting married.
Lived together there for 2 years before getting married.... View More
answered on Jan 16, 2023
Although the house is your separate property, he will have a claim (marital property) to an equitable portion of the appreciation in value of the house since the marriage. It could be a substantial claim.
What is probate and is it required in TN?
answered on Jan 16, 2023
If everything your husband owned was owned jointly with you, then most likely it was owned as tenants by the entirety and you are now the sole owner by operation of law. Most of the time all you have to do to remove your husband's name from those titles is provide a death certificate to the... View More
Needing to change the last name of my 5 ur old daughter. She has my ex husbands last name but he is not the biological father. No father is listed on her birth certificate. How do I go about getting this done?
answered on Jan 11, 2023
In Tennessee you would file a petition with the chancery court in the appropriate county and serve notice on any interested party. Typically, the chancery court clerks have forms you can fill out; but not always. Contact the clerk in your county to see if they have forms. Or consult counsel to... View More
My aunt has weaseled her way into being the trustee because the original trustee not one of the beneficiaries turned it down and named her. My aunt named her husband as her successor trustee and her husband named the original trustee who turned it down.
answered on Jan 4, 2023
Who created the Trust? The Settlor appoints his Trustee/ Successors in the Trust. Have you read it? The Trustee may be able to appoint his Successor. Are you a Trust Beneficiary? If not, you lack standing. Otherwise you can file suit in Chancery for an Accounting, Removal For Cause, etc.... View More
This is for an unmarried couple who own a home together. Will the heirs of the deceased have any rights to the home?
answered on Jan 1, 2023
It means that if one of the tenants in common passes, the surviving tenant in common will become the sole owner of the home by operation of the survivorship interest without having to go through probate or any other kind of legal process. The heirs of the deceased would have no claim to the home.... View More
my nephew has lived with me for 18 years and I have had some problems and have wanting to ask him to leave. He does not pay rent and does not contribute towards household expenses. He was recently arrested and has been in jail for about 2 months. Do I have to let him come back in to my home when... View More
answered on Dec 20, 2022
Obviously not unless he is a co-owner.
They reside in Memphis, Tennessee.
answered on Dec 19, 2022
From your facts she had no legal right of possession. She could have stayed until served with a Detainer Warrant, but ultimately would have been run out.
She lives in her parents basement with her now boyfriend and her parents won't let me see her either. I did nothing to her or her parents for this to happen. Her boyfriend has brain washed her. Whats my rights
answered on Dec 14, 2022
Sounds like its time to file for divorce, custody, and visitation. Seek a local attorney to assist you with the process.
answered on Dec 14, 2022
Costs are paid to the clerk's office. Failure to pay could result in further penalties.
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