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Landlord Tenant Blog Article - Eviction

Eviction is a process no renter ever wants to endure and no landlord wants to have to pursue. Therefore, it is extremely important that both tenants and landlords, alike, understand their rights in order to avoid such stressful situations. With a general knowledge of how to prevent and deal with issues that arise in a lease agreement, tenants can arm themselves against the occasional overbearing landlord, and landlords can, in turn, protect themselves and their property against tenants who fail to pay their rent or break some other term of the lease agreement.

Sexting: Is it a crime in Tennessee?

Earlier this month, lawmakers finally passed a sexting bill in Tennessee to modernize the antiquated law as it relates to minors. In a world where social media and cell phones are prevalent, teens communicate primarily via some form of electronic communication. It is quick, easy, and provides the ability to express your opinions to a large following. The downside; however, is once it is sent or submitted, it remains in the cyber world forever. As electronic communication has grown to be the primary means of communication between the younger generations, incidents of sexting, or sending sexually explicit photos via text or email have become widespread.

Familiar things help your child adjust to two homes

After a divorce, there will be two households, and your child will spend time in both. While he will likely think of the residence of the principal parent as “home,” you will want to ensure that a comfort level is firmly established in the new household. Familiar belongings along with some familiar routines will help your child adjust.

Age will have much to do with the way your child reacts to the divorce, and you may have to contend with everything from fear and insecurity to outright anger. Enabling a child to feel at ease in both homes will help in the healing process.

Annulment is fundamentally different from divorce

Annulment is a process by which a marriage is declared void from the beginning through judicial action. This is fundamentally different from divorce proceedings, in which a marriage is terminated on the date of judgment on the dissolution of marriage. An annulment essentially means that a valid marriage never truly existed at all.

What are my rights as an unwed Father?

For married couples, Father's parental legal rights are established as soon as the child is born. In fact, if married, Father and Mother have equal legal rights to the child. However, this is not the case for unwed parents. Unwed fathers must take additional steps to establish paternity to protect his legal rights and to be able to exercise co-parenting time with the Child should his relationship with Mother become rocky.

Parental Relocation Cases in TN

Parental relocation cases often present one of the most difficult challenges for attorneys and parties alike. Parental relocation occurs when the parties have a court-ordered parenting plan, and one parent seeks to move with the parties' minor child outside the State of Tennessee, or more than fifty (50) miles from the other parent's home within the state. In Tennessee, the Parental Relocation Statute, which is codified in Tennessee Code Annotated § 36-6-108, provides the "rules" for parents wishing to move with the parties' minor child, and the rights of the non-custodial parent in opposing the move.

Difficulties finalizing agreements for child support and alimony

Negotiating and finalizing agreements providing for child support and alimony is often difficult and highly contested. Disagreements over income, need, and other issues become caught up in the already emotional and difficult process that is separation. Making sure this process goes as smoothly as possible is essential to work out agreements that will suit both parties. However, even after an agreement is reached, enforcing payment for support obligations often becomes an issue.

Prenup, postnup or nothing at all?

Almost everyone is familiar with the term "prenuptial agreement," which gives a couple control over their future wealth once they marry. You are probably used to hearing it mentioned in relation to entertainers and well-known sports figures who have assets worth millions of dollars, but prenups, as they are often called, have become popular with couples in many different income brackets-and so have postnups.

New Year, new resolutions, and new laws

This time of year is bursting with all things new. We are embracing a New Year, new resolutions, and new laws. Every year, with the start of a new year, new laws go in to effect and it is critical to be conscious of these new laws. Several new laws went in to effect beginning January 1, 2017 in the state of Tennessee. Some laws impose harsher penalties while some relax previous laws.

Alternate Dispute Resolution: Mediation vs. Arbitration

Very rarely in the course of legal practice will you ever encounter a client who comes out of a tedious deposition or protracted hearing and says, "that was fun, let's do it again!" While there will inevitably be clients who insist on having their day in court, often times parties to a lawsuit may want to know if there is any way to settle their dispute without having to go to court.

When dealing with a first-time litigant, he or she may not even be aware that there exist alternative dispute resolutions (or ADR) which refers to any means of settling disputes outside of a courtroom. "ADR typically includes early neutral evaluation, negotiation, conciliation, mediation, and arbitration. As burgeoning court queues, rising costs of litigation, and time delays continue to plague litigants, more states have begun experimenting with ADR programs." Cornell University Law School, Legal Information Institute. The two most common types of alternative dispute resolution which your client is likely to encounter are mediation and arbitration.

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