FAQs

Flat fee pricing is case specific pricing. The attorney and the potential client have a consultation to discuss the ins and outs of the case, what the potential client is looking for, what the goals are, and any potential barriers or issues that may come up during a case.

Based on all the information gathered in the consultation and after potentially reviewing any documents or paperwork the potential client may have, the attorney will provide the potential client with a cost that will get you to the goals set out in the consultation.

The difference between flat fee pricing and hourly pricing, is that at the beginning of the case, the client and attorney sign a contract that says exactly how much it is going to cost the client. It doesn’t matter how many hours it takes the attorney to do the case; it is just a set cost.

There can be external fees that would be included, such as filing fees, court reporter fees, mediation fees, etc. Those are fees that are paid directly to those entities and are not included in the attorney contract pricing because they are a third-party costs.

With flat fee pricing, the client knows at the front end exactly how much it’s going to cost to have the legal services until we get to the end of that contract. It’s really just that simple!

In the State of Tennessee, the law sets the timeline on divorces. If you do not have minor children, you have to wait a minimum of 60 days from the filing of your divorce petition until the final decree. If you have minor children, you have to wait a minimum of 90 days. One of the ways to make sure divorce can be done within 60/90 days is if the parties agree on the division of all the assets and the parenting plan (if you have minor children). If everyone knows exactly what assets there are and how they will be divided, then it truly can take just 60/90 days. This quick turnaround is not the norm in divorces, as our lives and assets can be messy and take a long time to unravel from each other.

Taking longer than 60/90 days to get divorced is not necessarily a bad thing, sometimes it just takes a while to figure out who is going to get what and how you will set your parenting time with your children. If you don’t agree and need to go to mediation or a trial then you obviously have to wait for a mediation or court date. The time requirements set out by the State are intended to give people time to determine if they really do want to get divorced and to allow time to sort through everything to ensure an equitable division of assets and a parenting plan that is in the best interests of the minor children.

Divorce fun fact: in the State of Tennessee, you cannot get remarried until 30 days after the final decree of divorce.

Description text goesGenerally speaking, I advise all of my clients to follow court orders. Usually a court order is issued from the bench and then reduced to a written order, or it could just be a written order that’s come to you. My recommendation is to follow any court order because there could be consequences if you choose to not follow or ignore them. 

The consequences for not following a court order can vary by jurisdiction and even between judges in each jurisdiction. Generally speaking, here are some of the things that could happen:

1. You could have fines imposed on you.

2. You could end up in jail in some instances.

3. You can be held in contempt of the court.

4. You can also, if it is related to a parenting plan, end up having to have your parenting plan changed or modified or lose some custodial time with your child. 

Sometimes I like to think about it in how I parent my teenagers. I tell them, “You have the free will to do something and to take an action, but you have to be willing to accept the consequence that may come with that action.” Check with your lawyer and your jurisdiction to find out what the consequences could be if you choose to not follow a court order and be prepared to accept those consequences should they come. 

I advise all my clients to follow all court orders, and, if you choose not to do that, there is actually a provision in my contract that says I can withdraw if you have chosen to not follow an order of a court. As always, check with your lawyer and your jurisdiction to find out what the consequences are and what the law is in your area before you take any action.  here

Item descriptionDoes the child get to decide who they live with if the parents are not together or getting a divorce? In the state of Tennessee, there is a law or statute that sets out the different factors that a court looks at when determining who has custody of the child when parents are getting divorced or there is a separation.

One of the factors that the court reviews is if a child is above the age of 12, the court may take into consideration that child’s preference for where they want to live. However, a common misconception is that because the child is above the age of 12, they will get to be the driving force as to where they will live. The reality is that the court takes that as one of the considerations in the list of factors that the court reviews in order to determine who has custody. Custody is not directed by the child; the child just gets to provide input as to what they would like to happen because they’re the one who is now old enough to voice their opinion of what they would like. 

As with anything, this is very jurisdiction specific. It depends on the judge that you’re in front of as well as the facts and circumstances in your case and whether that child’s input would be something the court would look at and what kind of weight they would put to that input. 

Description text goUsually, attorneys try to work for a settlement in any kind of case that we have in family court. They negotiate back and forth, and try to get something that is agreed to by all parties. However, if that is not the case then it may require testimony from one or both of the parties in order to get a resolution through the court. As always, check with your attorney, but generally speaking here are some rules to follow when you are on the stand or when you’re preparing to take the witness stand. 

1. TELL THE TRUTH! When you are on the stand you definitely want to tell the truth, do not lie!

2. LISTEN TO THE QUESTION - You need listen to the question that is asked. No matter who is asking you a question, listen to the question and make sure you understand it. If you don’t understand it or need clarification, you can certainly ask for clarification. Just say that you didn’t understand or ask for the question to be repeated or rephrased.

3. THINK ABOUT THE QUESTION - Think about the question that you were asked and repeat the question in your head before you answer. Make sure you’re answering only the question that is asked of you. You don’t need to elaborate; you can just answer the question. If elaboration is required, then you may be able to provide that.

4. STOP TALKING - If any of the attorneys say “objection” while you’re answering a question, you need to stop talking immediately. You need to stop talking and wait for the judge to make a ruling on the objection. Once there is a ruling on the objection by the judge, you will be instructed to either proceed with your answer or the parties will move on to another question.

Things to NOT do if you are on the witness stand:

1. Do not interrupt anyone - Wait for whoever is talking to finish what they’re asking and do not talk over them.

2. Do NOT argue with the attorney - This is not a time for you to fight with the attorney. Your attorney will handle the arguments with counsel.

3. Check your attitude at the door - The more respectful and polite that you can appear in front of the court, the better off you and your testimony are going to be received. 

Being a witness in court is something that is not comfortable for most. Attorneys and judges know that testifying is a big deal and makes the vast majority of people very nervous. Just take a deep breath, you’ve got this!es here

In the state of Tennessee, if the parties are unmarried, the mother is presumed to have custody of the child. That means she can make the decisions about when the child sees the father without any input from him. In order to change the presumption that the mother has custody, the father needs to establish himself as the legal father of the child. If he doesn’t do this, he’s considered a legal stranger to the child. 

Establishing paternity can be done in a couple different ways:

1. VAP – Voluntary Acknowledgment of Paternity. This is a document sometimes filled out at the hospital when a child is born. However, it can be done at a later time. If you want to have this form completed, both parents would need to go to the vital records office . Both parents sign under oath that he is the father of this child. This creates a legally binding obligation to the child, that he is the father, which could require him to pay child support in the future. There is no DNA test in this option and creates a legal responsibility to the child.

2. DNA testing - contact your local child support office and ask for a case to be opened to establish paternity. A DNA test is completed for the child to determine if the person is the biological father of the child. If you chose this option, you also can be required to pay support for the child in the future.

Even after completing one of these steps to establish paternity and being declared the legal father, there is still not an establishment of specific parenting time. The next step is to establish a parenting plan. Parties can agree to a parenting plan or they can ask the court to order one for the parents to follow. A parenting plan sets out who has a child when and who is responsible for making decisions about the child.

If you don’t have to have a parenting plan ordered by a court, the mother is able to control the time the child has with the father, so it is generally best practice to have one in place, just in case.