Practice Areas

A substantial number of marriages do not work out, but for many different reasons.  We often find that the everyday working person just cannot afford the legal fees that most attorneys charge and that most people need an affordable option when they decide to file a divorce.  There are two (2) types of divorce cases: uncontested and contested.  An uncontested divorce is a divorce where the parties agree on all issues in the divorce, including who will get what property, whether there will be alimony and the amount, the amount of retirement they should receive and if there are minor children they agree on who will be the primary custodian and the final child support figure.  Contested divorces are the opposite, and the parties cannot resolve their issues on their own and they need the assistance of the Court for a resolution.  Contested  proceedings are more complicated divorce proceedings, and in most instances will involve several different types of hearings on child support, alimony, and parenting plans.  The Judge or Chancellor may order the parties to attend mediation with a neutral third party.  During a trial, the Court will hear testimony, judge the credibility of the witnesses, review evidence and decide on the contested issues.  Contested divorces take time to complete.  Tennessee is a state where marital property, including retirement accounts, is divided equally or equitably. 

We are skilled divorce trial attorneys having a reputation of being great advocates and receiving winning results.  Our uncontested divorce retainers start as low as $699 (with no children) & $1,150 (with children) and our contested divorce retainers start at $2,499.  Payment plans are available for uncontested services.

Some Facts about Tennessee Divorces:

• Divorces with children must be on file for at least ninety (90) days before the divorce can be granted & for divorces without children, there is a sixty (60) day waiting period.
• Children born during the marriage, but not of the marriage must be mentioned in the divorce paperwork so there can be a disestablishment of paternity because the husband is presumed to be the father of the child.
• Child support must be set in all cases with minor children, according to the Tennessee Child Support Guidelines, and private agreements of the parents are not enforceable..

Non-custodial parents make a huge mistake when they choose to represent themselves in child support hearings and they are unaware of the laws and how the lack of evidence and lack of preparation can negatively affect the outcome of their child support case.  

Tennessee adopted the income shares model and child support is based upon the income of both parents with many other factors being considered such as parenting time, childcare costs, health insurance, reoccurring medical costs, and extraordinary expenses.  Our firm is experienced in all areas of child support from the magistrate level to the appellate courts.  

Fathers sometimes find themselves in the position where they are not a child’s biological father, but have already signed a birth certificate for that child.  You should immediately consult with an experienced disestablishment attorney.  Tennessee laws do not allow you to present a DNA test in court that was NOT ordered by the Court, but Tennessee requires you to meet a specific burden based on the age of the child.  

We know the disestablishment laws and we have handled many successful disestablishment cases.   

A FEW FACTS ABOUT TENNESSEE CHILD SUPPORT:
 

1. Tennessee laws allow the Court to impute (increase) income for underemployed and unemployed parents!
2. Your parenting time directly affects your child support obligation, whether you pay or receive! Parents should keep a calendar of their parenting time, overnights, and periods of 12 hours or more on a calendar. Calendars can be created and printed on www.timeanddate.com.
3. If a parent of a child (subject to a child support order) is married, the other spouse's income is not considered for the child support worksheet.
4. If a man finds out that he is NOT a child's father, after a child has been legitimated, he is not automatically removed from that child's birth certificate.
5. Children born during a marriage, who are not the biological child of the husband MUST be disestablished through a divorce proceeding or the Juvenile Court.
6. One of the very few ways to terminate child support is to be married and living together.
7. Child Support is a non-dischargeable debt under the U.S. Bankruptcy Code
    

All parents have a right to visit and have parenting time with their children unless there are reasons why visitation would be harmful to the child or is not in his/her best interest.  

If you are having difficulties seeing your child you should hire our firm to file the proper petition.  Although parents have their problems, the children should not get caught in the middle. Co-parenting is healthy for all children.

Custody matters can be difficult and our firm knows how to protect your rights in these proceedings. We are an experienced law firm in child support & custody matters.

IMPORTANT POINTS:

1. In most instances, parents have a superior parental right to raise their children.
2. If you are the NCP (Non-Custodial parent), always keep track of your parenting time overnights & periods of 12 hours or more.
3. The best parenting schedules are those agreed upon by the parents!

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Memphis is a community filled with pure talent and our firm is well-known in the Memphis community for our expertise in all matters related to entertainment law.  We have advised individual artists, record labels, entertainment companies, musicians, and models in this practice area.  Entertainment law consists of several practice areas including business formation, contracts, negotiations, copyrights, and trademarks.  It is important to protect your business brand and your artistic creations whether in music or any other art form.  We know how to draft, review, and negotiate all entertainment industry contracts.  It is wise to have an attorney review any entertainment law contract BEFORE you sign the dotted line. 

BUSINESS FORMATION
We are your attorneys to form or terminate an LLC or Non-Profit Organization.  We will draft your articles of organization, bylaws, partnership agreements, operation agreements, resolutions, and any other contract needed.

COPYRIGHTS
We can register your musical compositions and other original works with the copyright office.  Register your work right away. If someone steals your work, you want to make sure you have already registered your work with the Library of Congress1

TRADEMARKS
We are experienced in registering service marks and trademarks.  If your company name or logo has not been protected, Call Us Today! Protect your brand and your ideas!
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If you are having financial difficulty, let one of our Of Counsel Attorney, Brian Glass, experienced attorney discuss the many options that are available to you. We offer Chapter 7 bankruptcy services for those who qualify and Chapter 13 or Wage Earner payment plans. We STOP foreclosures, repossessions, garnishments, evictions, and collection calls! We can also help get your driver's license back for court fines or unpaid child support. Keep your utilities on or get new utilities even if you have a high balance. Take back control of your money today! 
 

We offer FREE consultations for bankruptcy matters and payment plans for every budget. Allow our highly skilled attorneys to guide you through the bankruptcy process quickly and effectively so that you can move forward with your financial life.

Five Things To Know About Bankruptcy

1.  Will I lose my money or property?
   Many people think that they will lose their property if they file for bankruptcy. THAT IS NOT TRUE! Bankruptcy can stop repossession, foreclosure, garnishment, and bank levies.  Most of our clients do not lose any property through the bankruptcy process! Many times you can file to reaffirm your debts or redeem your debts in a Chapter 7 case. Good bankruptcy lawyers will protect your assets and discuss how to accomplish your financial goals before filing your case. Our office does NOT file any cases without describing exactly how it will affect your property!
2. What is the difference between Chapter 7 and Chapter 13?
   Chapter 7 bankruptcy is "straight bankruptcy". You do NOT pay your debts except your car or your house if you want to keep them. It would be best if you were current on your secured debts to keep them. You must qualify to file Chapter 7 and our office will perform a "means test" or an income test to make sure you qualify. Chapter 7 bankruptcy is often the best option for a financial fresh start.   Chapter 13 bankruptcy is the "wage earner" or a payment plan. Chapter 13 is designed to save property that you are behind on including houses and cars. Chapter 13 can also get your driver's license back for unpaid court fines or child support arrears. Chapter 13 is a court-approved reorganization of your debts into one simple payment plan through a Chapter 13 Trustee. Your payments can come directly out of your paycheck. Chapter 13 provides many individuals more time and better options to handle their debts.
3. Can I put payday loans under bankruptcy?
   YES! All debts that you owe must be included in your petition for bankruptcy and all creditors are treated the same. Once you file for bankruptcy, personal loans and payday loans are included just like any other debts.
4. Does bankruptcy stop criminal cases or civil contempt actions against me?
   No! Filing for bankruptcy does not affect criminal cases. However, a Chapter 13 bankruptcy can stop courts from holding you in civil contempt for failure to pay as the court directed. These are usually in cases involving the failure to pay alimony and child support obligations.  A Chapter 13 bankruptcy plan can stop the Courts from holding you in contempt for failure to pay alimony and child support and assist you in getting back on schedule with your payments.
5. Will I ever be able to buy anything after filing for bankruptcy?
   Of course! This is the question most people have incorrect information about. Back in the 1980s, when consumer credit was given through the banks, bankruptcy could haunt your credit for years. THIS IS NOT TRUE ANYMORE! Bankruptcy does stay on your credit reports for 8 years after the last date of activity. However, it does not stop you from obtaining credit. You can buy a home, car, or furniture after bankruptcy. There are mortgage companies and auto finance companies that have specific plans for individuals with bankruptcy on their credit reports. Many of our clients see their credit scores INCREASE after their bankruptcy is complete! This is because your DEBT TO INCOME ratio decreases dramatically.  Less collectible debts on your credit report = better credit scores.

Our firm offers mediation services, as Attorney Laquita Stokes is a Rule 31 Listed Mediator, with the State of Tennessee.
​Mediation is a form of dispute resolution where the parties attempt to resolve their issues before litigation starts or during the litigation process before a hearing or trial.  Once a matter is heard by the Judge, the parties lose control over the outcome.  Mediation allows the parties to be in control!  This is a process where the parties are actively involved in the outcome of their case.  It is cheaper than expensive litigation and it is also confidential.  Settlement negotiations are not admissible in Court unless the matter is resolved and an agreement has been reached.  ​Mediation may occur, with or without attorneys.