Cole Law Group Blog

Can I Force My Spouse to Pay the Legal Fees For Our Divorce in Tennessee?

February 18, 2020 | by Cole Law Group, PC

In many marriages, one spouse will be the primary breadwinner. If a couple is happily married, a significant disparity in income is often not a cause for concern, but if the couple decides to divorce, the lesser earning spouse is at a financial disadvantage and may wonder if he or she can afford the cost of an attorney. The law aims to protect the rights of all individuals, even individuals that cannot afford an attorney. Thus, in many divorce cases, the court will order one spouse to pay the other spouse’s legal fees. If you intend to end your marriage, it is in your best interest to consult a skillful Tennessee divorce attorney to discuss whether your spouse may be responsible for your legal fees.

Responsibility for Legal Fees

Like many states, Tennessee follows the “American Rule,” which traditionally requires a party to a lawsuit to pay his or her own attorney’s fees unless a statutory or contractual provision states otherwise. State v. Brown & Williamson Tobacco Corp., 18 S.W.3d 186, 194 (Tenn. 2000). Nevertheless, Tennessee statutory law vests trial courts with the discretion to award one party his or her attorney’s fees in the context of a divorce proceeding, and some trial judges may deem such an award to be a form of alimony. See Tenn. Code Ann. § 36-5-103(c).

How Do I Request a Military Discharge Upgrade?

February 10, 2020 | by Cole Law Group, PC

Attorney Paul Tennison accepting command of Battery B in Poland on August 15, 2019

A military discharge upgrade can be an important step in the life of a veteran who believes that he or she received a lower discharge than what was deserved. Various federal and state benefits are available only to veterans who were discharged at an acceptable level. The best discharge is an Honorable discharge, which should enable the veteran to access all benefits. General Discharge Under Honorable Conditions is the second highest level. Other Than Honorable Conditions Discharge is the third level, while a Bad Conduct Discharge is the fourth. Dishonorable is the lowest level of discharge and is reserved for those convicted of serious crimes while in the military. Veterans who receive a Dishonorable Discharge forfeit all benefits, cannot lawfully possess a firearm, and forfeit their right to vote. For more information about types of military discharges, you should refer to this article.¹

Fortunately, U.S. federal law allows veterans to request a higher-level discharge through one of two record-correction boards. Within 15 years of discharge, veterans may apply to a Discharge Review Board (DRB) using form DD-293. Importantly, DRBs may not make a discharge worse nor can they overturn a court-martial decision. If a discharge occurred more than 15 years ago, a veteran can apply to the Board for Correction of Military Records (BCMR). Veterans should apply to the BCMR within 3 years of discovering the error or injustice they are asking the board to fix using form DD-149. BCMRs also cannot make a discharge worse or override a court-martial conviction.

Why Is My Divorce Taking Forever?

January 29, 2020 | by Cole Law Group, PC

The marriage is over but the divorce lingers on. Perhaps you are one who has now reached a high level of frustration because you still can’t get on with your life, because you and your ex-spouse are deadlocked on every issue, and because your divorce is dragging along at a snail’s pace. Actually, your consternation may be justified. The prolongation of divorce proceedings is both financially ruinous and emotionally devastating. And you shouldn’t have to endure it forever.

In Tennessee the procedure for dissolution of marriage is pretty straightforward. A no-fault divorce based on irreconcilable differences with no minor children involved has a minimum statutory waiting period of 60 days (90 days if minor children are involved.) This uncontested divorce process should be completed within one year and consists of four primary steps: 1) File a petition for divorce with the court, 2) Prepare a Marital Dissolution Agreement, 3) Agree on a Permanent Parenting Plan if minor children are involved, and 4) Schedule a final hearing in court. The procedure for a contested divorce, on the other hand, can take up to two years and beyond to finalize simply because of the filing of motions and counter motions, discovery (interrogatives, fact finding, and depositions), court ordered mediation, or multiple hearings and a backlog of court cases.

And even though a contested divorce by its very acrimonious nature takes longer to resolve, it is wise to be aware of certain mindsets and external influences that can turn a routine process into a never-ending nightmare. Below are some bumps in the road that can derail a successful, timely divorce resolution.

What Military Servicemembers Should Know About Non-Judicial Punishment

January 9, 2020 | by Cole Law Group, PC

Military Law Attorney Paul Tennison

You may have heard about Article 15 of the Uniform Code of Military Justice (“UCMJ”). Servicemembers experienced in the realm of military justice may reference Article 15 punishment under numerous terms: punishment by the commander, non-judicial punishment (“NJP”), getting ninja punched, captain’s mast, or admiral’s mast. Essentially an Article 15 proceeding is where a commanding officer determines if a military member has committed a relatively minor infraction of the rules governing military servicemembers. In my Army service I have witnessed Article 15s for many different circumstances, including soldiers being repeatedly late to formation, a soldier being absent without leave (“AWOL”) for a short period of time, a soldier reporting drunk to duty, a soldier involved in a bar fight, a soldier that got a DUI, a soldier breaking curfew, insubordination, and a soldier falling asleep while on guard duty. More serious crimes under the UCMJ will go straight to a court-martial and not be adjudicated under Article 15. Article 15 proceedings are much more common than courts-martial.

The Uniform Code of Military Justice is the law that applies to U.S. military servicemembers.¹ This includes all branches of the uniformed services in the United States: Army, Navy, Marine Corps, Air Force, and the Coast Guard. However, the UCMJ does not apply in all circumstances. For example, National Guard and Air Guard Soldiers are only subject to the UCMJ when activated in a federal capacity. Military reserve components, servicemembers, and service academy cadets are governed by the UCMJ. ROTC cadets are exempted from the UCMJ even while on active duty for training.²

How Can You Benefit From the TN Small Estates Act?

December 3, 2019 | by Cole Law Group, PC

What is the Limit of a “Small estate”?

The Tennessee Small Estates Act is found in Tennessee Code Annotated § 30-4-101 et seq. Under this statute, “small estate” is defined to mean an estate in which the value of the property does not exceed $50,000. Additionally, as defined in the statute, “property” is limited to personal property owned by the decedent on the date of death, other than personal property held as tenants by the entirety or jointly with the right of survivorship and/or personal property payable to a beneficiary other than the decedent’s estate (e.g. life insurance payable to a designated beneficiary and/or payable on death bank accounts). Please be advised that real property (e.g. a decedent’s residence or other real estate) is not included in the statute’s definition of “property.”

Benefits of the Tennessee Small Estates Act

Memories of a Wall Gone By

November 10, 2019 | by Todd G. Cole

Attorney Todd Cole in East Germany 1989

I stopped studying the German language in 1987 after making a somewhat embarrassing semantical error. As my college major required a language competency, I chose to switch to the Scandinavian language of my forebears. This decision, in turn, led me to schedule my junior year abroad at the University of Copenhagen, Denmark. As part of that program, I studied Scandinavian government, economics, history and culture. I was also, as a Danish university student, given the opportunity to travel behind the Iron Curtain and visit the countries of Poland, East Germany, USSR (Russia), Latvia, and Lithuania.

I entered Poland in October 1989 from the sea. Denmark and Poland had established a joint ferry service which alternated trips between the countries using Polish and Danish ferries. As our vessel traversed the Baltic Sea, the weather began to worsen and, as the Poles could not afford stabilization systems on their ferries, the ship began to pitch back and forth, at times rather violently. To my surprise, this did not detour the majority of the passengers from entering the duty-free shop below deck where they were tossed about while trying to purchase various consumer goods (cigarettes, liquor, cosmetics, etc).

To Draft A Will Or Not To Draft A Will, That Is The Question

October 30, 2019 | by Cole Law Group, PC

This article addresses why you should draft a Last Will and Testament, the legal requirements for a valid will under Tennessee law, and different provisions to consider when drafting a will. It is commonly said that only two things are certain in life. One of those things is taxes, and you probably already know what the other one is.

No one is required to have a will. A Last Will and Testament is designed to give legal protection to a person’s estate before that person dies, and the content of a will goes beyond what applies by the default operation of the law. A legitimate will directs the Probate Court as to how a decedent’s estate should be closed according to the wishes of the deceased. Individuals without a will are termed to have died intestate. An intestate estate is distributed in accordance with Tennessee law.¹

People have different opinions as to whether or not to draft a will. Those that do draft a will may differ with regard to what provisions should be used and who should receive what dispensations. Some people put lots of thought into giving gifts through a will to relatives, friends, non-profits, schools, parks, or other organizations. Others simply wish to leave all of their possessions to their closest family members. Creative thought can be put into a will to leave a person’s assets in many different ways after their death.

Where In The World Is Attorney Paul Tennison?

October 2, 2019 | by Cole Law Group, PC

For those of you who have read Paul’s blogs, worked with him on a case, or wish to retain him as your counsel regarding a military law matter, you may have noticed that he has recently been absent from the office. As noted in his attorney profile on our website, Paul attended the United States Military Academy at West Point and subsequently gained extensive military experience that included challenging training exercises overseas in Korea and Germany. He then received his Juris Doctor from Vanderbilt Law while continuing to serve our country as an officer in the Tennessee Army National Guard. Upon passing the Tennessee Bar, Paul joined Cole Law Group as an associate attorney and pursued his passion to build a military law practice to serve military members as well as veterans.

This summer Paul was called up for active duty by the U.S. Army and deployed to Bemowo Piskie, Poland, where he is currently in command of 105 soldiers in support of NATO’s Enhanced Forward Presence (eFP) Battle Group Poland. The eFP provides a responsive and flexible military capability to respond to any aggressive act as part of NATO’s overall deterrence and defensive posture.

Battle Group Poland is a multinational battle group, comprised of U.S., U.K., Croatian and Romanian soldiers that will serve alongside the host nation’s 15th Mechanized Brigade as a defense and deterrence force.

An Overview of Interstate and International Custody Disputes in Tennessee

September 18, 2019 | by Andy Goldstein

There are arguably no situations more pressing or serious than those involving the custody of your children. In the context of divorce, determining child custody is often the most contentious aspect of the entire lawsuit, and despite issues of property division and alimony often becoming hotly contested issues in their own right, both parents often find themselves fighting with their greatest vigor to protect their right to control the upbringing and development of their children after the bonds of legal matrimony are finally dissolved. If the parents never married, disputes over child custody can become the sole contested issue in a legal dispute. Under Tennessee law, child custody can become an issue in a myriad of different family law proceedings.

Nevertheless, while many parents may think that custody disputes are something that always get resolved at the local courthouse, legal disputes over child custody can often traverse several states or even several countries. To make matters even more complicated and pressing, one parent may take physical custody of the children without the knowledge or consent of the other parent, and it may not even be clear where the children are located or who is with them at the time a parent wants to file a legal action for custody in such exigent circumstances.

For example, imagine a situation in which you have been married to your spouse for approximately fifteen years and you have two minor children, ages twelve and fourteen. One day, after working long hours, you come home to find a note from your spouse saying, “I just can’t take this anymore. I’m leaving and I’m taking the kids with me. I think we may eventually stay with my parents but I’m not sure when. Don’t try to follow us.” After reading the note several times over, you frantically search the house only to find that both of your children are gone, many of their clothes are missing from their closets, and neither the children’s passports nor suitcases are anywhere to be found. In what seems like the blink of an eye, your children are gone, and you don’t know when – if ever – you may see your children again. What can you do?

We’ve Got a Contract! (Sort of)

September 13, 2019 | by Todd G. Cole

When my daughter was very young, she went through a phase where she would create “clubs” that she would then ask friends and family members to join. These clubs were usually fan related, e.g. the “Hannah Montana Fan Club”, or cause related, e.g. the “Save the Sea Lions Club.” The process of joining the club was usually very simple; all you had to do was sign next to the “x” on her membership list and you were in.

Picture now a November night in 2004. I am in my home office reviewing documents while simultaneously trying to participate in a conference call when my daughter approaches with what I perceive to be her typical club application. As I struggle to manage documents while cradling the phone to my ear, she holds a paper up and whispers, “Daddy, sign here!” As usual, I sign at the “x” and then quickly return to my call.

Shortly after the conference call is concluded, my daughter dances into the office singing, “I’m getting a puppy! I’m getting a puppy!” In an attempt to suppress her enthusiasm, I reply, “You know, your mother and I have had a discussion about this, and I am not sure we can get a puppy this year.” Whereupon, my daughter proclaims, “Yes, I am getting a puppy! You signed a contract!” and held up the paper I had signed which, to my chagrin, clearly stated at the top of the page, “I Todd Cole hereby agree to give a puppy to my daughter for Christmas.”