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Jon Daniel Long

Jon Long’s Answers

329 total


  • Do i need an attorney?

    thier are 3 surviving children me and my two sisters. she had two pecies of real estate in tn.(homes) left one home on peachtree st to her son left one home to her youngest daughter. left her residence to oldest d...

    Jon’s Answer

    From the plain language of the will you provide, she would receive money in an amount equal to the peach tree property. It is not clear from your post what you want to do. If you and your siblings agree, you can do what you want with the property. If there is a dispute and you can't work it out, you may need an attorney.

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  • What constitutes desertion in a marriage?

    Is not paying the bills or providing for the family, even though working a FT job, considered grounds for desertion in a marriage?

    Jon’s Answer

    In TN desertion as a grounds for divorce is being absent for at least 1 year. There is also a grounds for divorce referred to as abandonment and refusal to provide while having the ability to do so.

    If you file for divorce, and depending on circumstances and need, you can ask the court to grant support while the divorce is pending as well as support post divorce.

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  • My husband and are going to get a uncontested divorce in the state of TN.

    I was wondering if I need a lawyer to file the divorce papers with the county clerks office? I found a website http://www.divorcewriter.com/Home.asp where I could fill out the forms myself for $149.00. Will this process work for me?

    Jon’s Answer

    The TN courts have issues approved forms for couples to file their own divorce. These are applicable so long as several conditions are met. These include no children, no real property owned, agreement to all division of property and alimony if any, and no qualified retirement plan to divide. Best of all there is NO cost for these forms and all courts in the state must accept them.

    If any of the conditions preclude you from using these forms the divorce is more complicated and you should get an attorney to help.

    At the end of this post is a link to the free state forms. If you have questions as you work through the forms you should be able to find an attorney to answer questions and review your documents (limited representation) for a modest sum.

    Good luck.

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  • If a woman has no income other than alimony, which has been not paid, can alimony be garnished in Tennessee?

    Divorce final, lost her job, alimony has been reduced to $400/m, her only income, husband has children and six figure job.

    Jon’s Answer

    It is possible to obtain a court order to garnish the wages of your spouse to both cover current support and arrearage support. Depending on the amount of arrearage you might find an attorney willing to represent you for a portion of the arrearage.

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  • What kind of lawyer do I need when someone tries to conspire to steal from me?

    I hired a property manager for my commercial building I lease as a restaurant. I found out that this Property manager knew that the tenant was attempting to sell my restaurant equipment and was helping him do it by writing in the lease of the new...

    Jon’s Answer

    For the counter suit you need a commercial litigation attorney. You also need an attorney to defend in the PM's suit against you. This might be the same attorney if you are being sued under a breach of contract (the PM was not an employee) or might need to be an employment lawyer if the PM was an employee and is suing for wrongful termination.

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  • Should my parents deed their fully paid house to me and my siblings or to our family corporation (made up of only the children)?

    My mother is 76 and has decided she wants to deed her house to me and my four siblings in case she needs to go to a nursing home in the next 5 years. With our family history, odds are she won't need to go until her mid 90s. She says under Medicaid...

    Jon’s Answer

    You need to find an estate planning attorney for your mother to discuss her situation. Depending on other assets, her desires, prior gifts made, and the current state of federal and state estate taxation, some options may be better than others.

    The look back period for transfers of property is 5 years so if she needed nursing home coverage in the next 5 years, the house transfer could cause problems. If her nursing home arises after 5 years it might prove to be a wise move.

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  • I am trying to get an annulment from my husband. We got married may of 2012 and he went to jail a few days later for drugs.

    I was told by him that he was not going to jail but that he just had a court date, and when we went a few days later he was put in there for a (now) 2 year sentence. I was pregnant at the time and literally lost the baby a week after he was locke...

    Jon’s Answer

    A annulment is a very limited form of ending a void or voidable marriage. From your facts in your question, you likely do not meet requirements for an annulment.

    I believe what you really are interested in is ending this marriage. A divorce would be the more appropriate legal solution. The end result is the same in that you are no longer married.

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  • My mother passed away without a will or power of attorney, no life insurance..What do I do to claim/get her personal belongings?

    I am the only child my mom had. She passed away July 2012 (at the young age of 57), and it isn't known if she had a will or power of attorney, or life insurance. Prior to passing away, my mom lived with me for over a year until she sustained a spi...

    Jon’s Answer

    You might consider contacting the legal aid society in Chattanooga about providing or finding an attorney to handle probating your mothers estate.

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  • What does it mean to be "leagally sperated"?

    Not sure we want a divorce yet?

    Jon’s Answer

    To be legally separated means a court has issued an order finding two people who are married should be considered separate. The court can divide property, debts, and work out child custody and support issues. The parties remain married when they are legally separated. This option is sometimes pursued where one spouse provides insurance for the other and would be unable to do so if divorced. Otherwise it requires about the same process as obtaining a divorce so it is not often pursued.

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  • I have a temporary custody hearing coming up.my son is young and has autism.transitions are very hard going to dads.full custody

    Is full custody possible?

    Jon’s Answer

    It is not clear from your question where you are in the process. Is there an established custody arrangement that somebody is seeking to modify? Have you and the father just separated and you are seeking a temporary custody plan while working out a permanent plan?

    If you are seeking to have the father have no contact, that is not likely unless you can show it would harm your child. If you believe this to be the case because of your son's autism, provide the court with proof and they may limit his contact.

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