Overview of our Areas of Practice
The Fleming-Wilmoth Law Firm concentrates in the following areas of legal practice.
Click the links above to learn more.
Links to the attorneys who practice in each area are listed below the description.
Sometimes, the court’s final order may need to be challenged and brought up on appeal. This must be done within a specific timeframe, soon after the order is issued by the lower court. If you feel the trial judge or jury made an incorrect decision, call us first.
If you find yourself overwhelmed with debt, facing lawsuits from your creditors, or facing a foreclosure or repossession of personal property, then you may be a good candidate for either a Chapter 7 or Chapter 13 bankruptcy. A Chapter 7 will generally discharge most unsecured debt and provide the client with a fresh financial start. Chapter 13 is geared more toward protecting property after the client has fallen behind on payments. Bankruptcy is not a decision to be made lightly. If you are considering filing then we can offer you the guidance and representation needed to navigate this complex area of the law.
We are a federal debt relief agent. We help people file for bankruptcy under the federal bankruptcy code.
Owning and operating a small business can be an exciting, challenging experience. Whether you are looking start a new business, formalize an existing agreement, or enhance your liability protection, call us first to discuss your business formation and litigation needs.
The State of Tennessee understands that children need both their parents in their lives, and that is why child custody laws are designed to help the child to continue to feel loved by both parents throughout the child's life. Child custody and visitation is a delicate determination that is made based on the best interest of the child. We can address your child custody concerns during initial determinations in divorce proceedings or in cases where the parents have never been married. We also handle cases in which parents are seeking to have a custody or visitation order modified.
Child support is a consideration not only in divorce proceedings, but also when the parents of a child have never been married. Child support calculations should be recalculated every 3 to 5 years or when there is a 15% variance to ensure the support obligation is still accurate, based on the incomes of the mother and father. It is important that you have an attorney at any stage in your child support proceeding, whether you are looking to collect child support or you face a suit for child support arrearages, we can provide you with the legal representation you need.
Feelings about money, family, property, and people's livelihoods run deep. Civil cases are when an individual or business files suit against another individual or business. Common civil litigation includes business disputes between partners, landlord/tenant disagreements, financial friction, real estate concerns, and employment issues. Legal representation can help you save money and protect your rights and assets.
A conservatorship can become necessary to ensure the safety and wellbeing of individuals who are unable to take care of themselves. To obtain a conservatorship, you must petition the Court and show that the person (“ward”) is in need of a conservator. Once appointed, the conservator has certain obligations and duties to the Court to ensure the protection of the assets of the ward.
Being charged with a criminal offense is a frightening experience that carries serious consequences. If you have been charged or arrested for any criminal offense such as drug offenses, driving under the influence, robbery, burglary, theft, domestic violence, assault, weapons charges, felony or misdemeanor chargers, you need experienced, zealous representation.
Divorce is a very difficult time in your life. You need someone who can help you navigate the legal system. There are two types of divorce in Tennessee: Contested and Uncontested. If the Husband and Wife can agree on all aspects of the divorce including parenting time (custody) and the division of assets and liabilities, the divorce is uncontested. An uncontested divorce needs legal representation to ensure the proper filing of court documents. If the Husband and Wife cannot agree, the divorce is contested. We are experienced in all areas of the complexities of all divorces. We can help you negotiate a mutually agreeable settlement or litigate your case to resolution.
The job of educating each next generation is truly that of a village. There are numerous stakeholders involved in the process: student, parents, schools, the government, and the community to name a few. When the interests of those parties are not aligned then legal help may be required.
It takes more than big dreams to make it in the entertainment industry. Your entertainment lawyer specializes in helping you understand the laws and rules that apply to entertainers, negotiate contracts and agreements on your behalf and resolve labor or employment disputes should they arise. Nashville is one of the entertainment hotspots of the United States and you need an attorney who understands the laws and how to maximize your benefits and minimize your legal risk.
GUARDIAN AD LITEM
Unfortunately, there are times when a separate party has to step in to represent the best interests of a minor child in court. The role of the guardian ad litem is to gather and present facts for the court's consideration and advocate on behalf of the minor child's social, emotional, educational and other needs.
Raising a child is difficult. No matter how hard you try, sometimes there is trouble. If your child has recently become involuntarily acquainted with law enforcement, your child needs legal representation. We can help you navigate through this difficult experience.
One way to avoid costly, and often ugly, litigation is to seek an agreement through mediation. Mediation is an informal process in which a neutral person conducts discussions among the disputing parties designed to enable them to reach a mutually acceptable agreement among themselves. Rule 31 mediation is based on principles of communication and negotiation that emphasize the needs and interests of the parties. Since the decision-making authority rests with the parties, mediation is a great way to resolve a dispute without the need for litigation.
If you have been injured due to someone else’s carelessness, such as a car accident, you may be experiencing more than just physical pain. You may be unable to work, have unpaid bills, or overwhelming medical expenses. Let us assist you in getting your life back on track.
PROBATE & ESTATE ADMINISTRATION & QUIT CLAIM DEEDS
Probate is the process whereby the affairs of a deceased person are concluded. This includes paying all outstanding debts and distribution of all remaining property. If there is not a will, the Tennessee statutes govern how the assets are distributed. If the deceased had a will, the will governs the distribution of assets.
WILLS, TRUSTS, & ESTATE PLANNING
As you are planning for the distribution of your estate, it is important to consider your options. A Trust can help you avoid probate entire, but requires greater investment on the front end. A Last Will & Testament dictates how you want your property distributed after you pass, while a Living Will acts as a medical directive to your doctor regarding certain medical decisions. All estate planning needs to incorporate a Financial Power of Attorney and a Healthcare Power of Attorney as these documents appoint someone to act on your behalf and take care of your personal and medical affairs should you ever be unable to do so yourself. Each estate plan is unique and should be catered to your specific circumstances.
Tennessee worker's compensation laws protect individuals who have been injured on the job. These laws are intended to ensure protection and fixed monetary awards for employees injured or disabled on the job, thereby eliminating the need for costly and lengthy litigation. If you were injured at work or if you lost a loved one to a work-related injury, you may be entitled to certain benefits from the employer to compensate you for the injuries.