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The Law Office of Morgan Smith
Law on Your Schedule
Law on Your Schedule


Almost done with the move to the new Music Row location - we appreciate your patience! We will be reaching out to clients over the next two weeks for status updates. Please note the new address for your records: 1222 16th Ave S Ste 23 Nashville TN 37212 (Music Row, cross street is Horton if you are coming down 17th, and we will be on your left)

We will be back full time on Tuesday - Alli is in today and tomorrow if you have any questions, and have a great rest of your holiday!

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I find a lot of client's don't want to be bothered with listing out specific property, or taking the time (and paying the attorney fees) to go over it with their attorneys. Sometimes, when parties don't really have much together and have already separated it is best to keep your MDA vague. However, if you chose to be very specific in your property, make sure you think it through thoroughly. The new Court of Appeals opinion in Landis brings this point home: Here, Husband was granted a boat, but since he was not specifically granted the trailer it was sitting on he could not get contempt charges for Wife's refusal to let him take the trailer since it was not specifically listed on the itemized property list. Although Husband was still able to correct the issue through the court, civil contempt is a very useful tool in enforcing a decree, and it would have been much easier for everyone if the trailer had been specifically listed. The Wife of course had also been interfering with Husband's removal of additional property, so she was found in contempt on other grounds and the award of attorney fees was upheld, but sometimes it is best to spend the hour going over these things with your attorney and paying that bill than possibly getting stuck forking out four times that amount for an enforcement motion.
To read the Landis opinion, click HERE or cut and paste the TBA link below:

We are having issues with building internet and have been for the last three days. Please CALL if you need anything. The issue was supposed to have been resolved yesterday but is still ongoing. (615) 852-5028.

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We've been named among the Best Divorce Lawyers in Nashville, Tennessee. Very exciting!

Don't forget - child support does not terminate automatically when your children age out, if you have an 18 year old about to graduate you need to contact us now so we can properly stop or modify your support payments.

We have limited hours next week due to the holidays, and email will be the best way to reach us until Monday January 4th, 2016.  Be safe and have a happy holiday season.  

Remember, if at any time you feel your safety is at risk contact the police and seek an Order of Protection.  Most judges are out for the holiday as well and getting an emergency restraining order in your case will be difficult.  

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Addiction comes up frequently in divorce and employment litigation as well. This article has some good points from attorney Jay Stillman about addiction.

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Father who successfully modified his child support obligation downward denied attorney fees as not being litigated on behalf of the minor, nor for enforcement or custody. Net loss for everyone but the lawyers in this one...
It's getting harder to get attorney fees back in post-divorce litigation. I am not sure if this will be a good thing or bad thing for the public long term, but will be important for divorce lawyers to keep a close eye on so we can best advise our clients on how to pursue modifications in the future.
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