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Family Law Blogs

What is an AV rating?

Posted by James Judkins | Aug 26, 2022 | 0 Comments

AV Peer Review Lawyers who receive the AV Preeminent® status have been awarded the highest ratings for their professional ethics and legal ability by their peers. Fewer than 10% of attorneys benefit from this advantage. Martindale-Hubbell is the facilitator of a peer review rating process...

Do I need a lawyer for a divorce?

Posted by James Judkins | Apr 21, 2022 | 0 Comments

If you have googled this question you are probably wondering if you need a family law attorney for a divorce. At present things with your spouse might be amicable. So you are playing google lawyer in an effort to learn as much about the process as possible. I tell people I can play google doct...

How is child custody decided?

Posted by James Judkins | Feb 24, 2022 | 1 Comment

Child  TCA 36-6-106 (a) In a suit for annulment, divorce, separate maintenance, or in any other proceeding requiring the court to make a custody determination regarding a minor child, the determination shall be made on the basis of the best interest of the child. In taking into account the ...

Beware the bulldog lawyer

Posted by James Judkins | Jul 10, 2021 | 0 Comments

Many clients want a bulldog lawyer and aggressive lawyer. What many clients are clueless about is the aggressive lawyer just exploits their desire for aggression to run up a huge legal bill and pursue ineffective and counter productive strategies.  Anyone involved in the court system knows the o...

How are assets divided in a divorce?

Posted by James Judkins | Mar 10, 2021 | 0 Comments

So you are considering or going through a divorce.  In the absence of an agreement, before a court determines how it will divide the assets of the marriage it must first determine what is marital property and what is separate property. In a general overview, separate property is any property own...

How an unmarried father can get custody

Posted by James Judkins | Aug 05, 2020 | 0 Comments

In Tennessee, absent a custody order to the contrary, custody for a child born outside of wedlock is with the mother. Many individuals believe they can agree to give custody or agree to paternity, outside of the court process. They are mistaken. Only a court of competent jurisdiction ca...

Prenuptial Agreements: What they include

Posted by James Judkins | Apr 20, 2020 | 0 Comments

Many couples neglect the time preceding the marriage for another part of what a marriage is. It is a business merger as much as a familial and emotional merger. When you marry, you and your spouse are entitled to certain legal rights and responsibilities which will impact each other's financial r...

Financial obligations of ending a long-term relationship

Posted by James Judkins | Apr 01, 2020 | 0 Comments

You've lived together for years, loved together, cried together, and now it's time to go your separate ways. Couples in long term committed relationships have children together, accumulate property and debts together, use each other in legal documents such as a Power of Attorney and Last Will and...

COVID-19 and child custody arrangements in Tennessee

Posted by James Judkins | Mar 25, 2020 | 0 Comments

Parents naturally have concerns about the coronavirus and spending time with the other parent. Do I have to let my child go with their other parent? If a court order is in effect and you chose to unilaterally prevent your child from going with the other parent you can be charged with contempt a...

Preparing for divorce

Posted by James Judkins | Mar 19, 2020 | 0 Comments

Preparing for divorce   As a divorce and custody lawyer I am approached by individuals who need advice on preparing to divorce. People often want to prepare emotionally and get their ducks in a row prior to initiating the emotional trauma experienced by everyone in a divorce. Never say or wri...

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