Family Law

• Divorce
  An uncontested divorce can be a simple legal procedure. In this type of divorce, the parties will agree to how their property, assets, and debts will be divided before filing the divorce. A Memphis family law attorney will assist one spouse in drawing up a Marital Dissolution Agreement, and if there are minor children of the marriage, a Parenting Plan. Once both parties sign these documents, they are presented to the court for approval and to be signed by a judge.
• Child Support
  A Permanent Parenting Plan is a document that is required if there are minor children of the marriage. This document sets forth provisions relating to shared parenting time, child support, and the ability to make decisions regarding your children’s upbringing including education decisions, medical decisions, disciplinary decisions, and more. This document will contain a child support worksheet that sets forth the amount of child support to be paid.
• Child Custody and Visitation
  Part 1 - Local attorney Jason Nowlin joins Memphis lawyer Vincent Perryman in a discussion on child custody. Most parents have questions concerning the process of establishing custody, and this process begins with an initial custody determination. An initial...
• Adoption
• Paternity
• Guardianship
  Since the parents had not executed a Will with a provision stipulating a guardian to care for the minor child(ren), one will have to be appointed by the Tennessee court. Both relatives and non-relatives will be permitted to petition for guardianship; however, preference is often given to family members who have a close relationship with the child(ren). This is not always a smooth process because disputes arise among family members regarding where and with whom the children should reside, especially in those situations where the parents never expressed their wishes. Unfortunately, the family discord can lead to a battle for guardianship, which only further fractures the family unit and extended family.
• Spousal Support
  In Tennessee, there are four types of alimony that may be available to you as a result of your divorce. Your Memphis divorce attorney will work to see that you get the right type of support if applicable.
• Legal Separation
  Memphis Family law involves many different types of issues from divorce and legal separations to custody, child support, and adoption. Watch a video of a Memphis Attorney explaining Memphis Family Law and Memphis Divorce Attorney.
• Annulment
  Www.midsouthattorneys.com. The next logical step in divorce hearings is to establish either temporary child or spousal support. A Pendente lite hearing is Latin for “pending the litigation” or simply a motion for temporary support for a lower income spouse. The kinds of support that can be requested on a temporary basis include child support, alimony and attorney’s fees. There is also a process for seeking out a temporary parenting plan. Under Tennessee code annotated 36-6403 provides that a temporary parenting plan shall be incorporated into action for divorce, legal separation, annulment or separate maintenance involving a minor child. If both parties can agree to a temporary parenting plan then no written plan is required. In cases of disagreement both parties can request the court to or dispute resolution, which involves mediation before a neutral party to resolve the issue(s).
• Child Abuse
  Family Law and Memphis Divorce Attorney - A Memphis Attorney that deals with Family Law will represent family members in marriage, divorce, civil unions, spousal abuse, child abuse, custody cases, and many other aspects.

Criminal Law

• Criminal Defense
  There are several important differences between Memphis criminal law and Memphis civil law. First, in a criminal case, the prosecutor represents the State of Tennessee. Where civil suits are usually brought by Memphis individuals, Memphis organizations, or Memphis companies, criminal charges are always brought by the government, either State or Federal. Criminal laws vary by each State, so it is important to retain an attorney knowledgeable about the laws of the state in which you are charged. Another important distinction between criminal and civil law is the penalty. In most civil suits, a defendant stands to lose money, a right, or a privilege. He or she may also be ordered by the court to take specific action. In criminal proceedings, however, the Memphis defendant stands to lose some liberty, meaning he or she may face jail time, in addition to possible fines. The last major difference between these areas of law is the long term results of a criminal conviction. With a few exceptions, nearly all criminal charges become part of a person’s permanent record. In addition, the possible penalties for each crime increase according one’s criminal record. This can have serious consequences in applying for school and jobs.
• Traffic Violations
  I was the head of the Memphis Bar Association’s Probate and Estate Planning Section for two terms/years. I practice in Probate Court, Circuit Court, Juvenile Court, Chancery Court and General Sessions Civil Court. In these Courts I have appeared before all of the Judges. It is rare to see me in Criminal Courts for anything more than a speeding ticket so if I voice an opinion in any of those races it is because of my personal dealings with the candidates.
• White Collar Crimes
  Part 1 - Memphis attorney Vincent Perryman discusses Identity theft with Lynn Duncan from ID Theft Solutions of America. Identity theft is the number one white collar crime in America and is the fastest growing crime in America. It affects one in every six Am...
• Theft
• Misdemeanors
  All state crimes are either misdemeanors or felonies. Misdemeanors carry up to one day short of a year in jail, while felonies carry one year to life in prison or death, in some cases. For some crimes, such as Theft of Property, the monetary value of the property alleged to have been stolen determines whether or not someone is charged with a misdemeanor or felony. For each crime, there is a range of punishment. The amount of time a person will serve depends upon his or her criminal record and any mitigating factors. This is where retaining of the experienced attorney of The Law Offices of J. Vincent Perryman is critical, as we can advocate on your behalf to keep sentencing and other penalties as minimal as possible. In addition to possible jail time, one of the most frightening aspects of being charged with a crime is navigating the state criminal court system.
• Murder
  Memphis Criminal law is the area of the law dealing specifically with statutory crimes. These crimes are committed against the public as a whole without a specific victim. Crimes such as murder also fall under criminal law because it an offense against the people's interest even though there is a specific victim. Generally crimes against each other are covered under civil law.
• Juvenile Crimes
  Juvenile Law - In Memphis Juvenile Law is the area of criminal law dealing with a person not old enough to be held responsible for criminal acts. This age in Memphis is 18 years of age. In extenuating circumstances the person may be held responsible if the juvenile court waives or relinquishes its jurisdiction to adult court. Juvenile law varies from states to state and the main goal of Memphis Juvenile law is rehabilitation rather than punishment.
• Identity Theft
  Midsouth Attorneys > LegalEase Episode List > Memphis attorney Vincent Perryman discusses Identity Theft on LegalEase with Lynn Duncan
• Restraining Order
  In General Sessions Civil Court there is a large increase in the collections cases due to the down economy. The court is seeing a lot of people in court they wouldn't regularly see. It is the Courts efforts to try and help settle the dispute between the collector and the collectee. They encourage the collector to work out a process by which the debtor can pay back the debt so both parties are happy. They can not force either side to a decision the court can only help them reach a solution by suggesting one. Sometimes Civil court is responsible for signing injunctions and restraining orders, but the jurisdictional limit is 25,000.00. Some cases involve family members suing other family members. The court helps settle these disputes in a civil manner. Memphis Legal services are available to those that cannot otherwise afford it to represent them. Memphis Legal Services is a group of Memphis attorneys that provide their services pro bono. The attorneys involved in Memphis Legal Services volunteer their time for lower income individuals to help them in their legal matters.

Business and Corporate Law

• Business Transactions
• Intellectual Property

Employment Law

• Workers Compensation
  Part 1 - Memphis attorney Vincent Perryman discusses Personal Injury Law with Jennifer Mitchell and what it entails. Personal Injury covers car accidents, workers compensation law or premises liability. Premises liability involves a personal injury in a busin...
• Wrongful Termination
  To start a wrongful termination case contact an employment attorney and you must first get a written description of all the reasons you were fired. Take good documentation of all the steps you take during the termination. Attempt to file a grievance with your company if you have a grievance department. If you are a member of a union first file the grievance with the union representative first. If you are harassed, sexually or otherwise you need to report this to the HR representative first to get it documented. All wrongful termination cases must be filed within 300 days of the termination. Filing an EEOC requires detailed paperwork to be filed which an employment attorney can assist you with. Without filing you will not be able to sue for wrongful termination. After being terminated the grievance processes must be adhered to internally in the company. Before being this process it is a good idea to consult the attorney first. In Tennessee there is no documentation required to be terminated. You can receive a termination notice but you do not need to. After termination it is a good idea to file for unemployment. In the event the employer refuse the unemployment claim you can still file again
• Employment Discrimination
  Memphis attorney Vincent Perryman discusses Employment Law with Edgar Davison. Employment law involves all the rights and responsibilities of the employer and employee in the work place. It involves wrongful termination, unemployment disputes, severance. A wrongful termination case involves an illegal firing of someone. Tennessee is an Employment at Will state, meaning you can be terminated for any reason what so ever. Exceptions are involved if you have a contract and the terms of the contract are breached. Another reason would be a retaliation case where you are fired for whistle blowing. The most common wrongful termination is when an employer discriminates based on age, race, sex, etc. This is the Title 7 act and prevents the employer for terminating because of these reasons. Typically you have to be over 40 to file age discrimination. Wrongful termination is difficult to prove which is why an attorney is necessary. The first qualification of wrongful termination is if you fall into a specific category; age, race, sex. The second qualification is
• Severance Agreement

Property Law

• Real Estate Litigation
  Midsouth Attorneys > LegalEase Episode List > Memphis attorney Vincent Perryman discusses Real Estate Law with Neal Hanna
• Premises Liability
• Construction Litigation
  Construction Law - A Memphis Attorney would use Construction Law to deal with matters relating to building construction, contracts, bonds and bonding, liens, construction claims and sureties affecting the construction industry, financial institutions, surveyors, architects, builders, engineers, construction workers, home owners, and sub contractors.
• Real Estate Transactions
  Memphis attorney Vincent Perryman discusses Real Estate Law with Neal Hanna. Real Estate Law in Memphis TN involves contract negotiations, development issues, entity planning, setting up corporations or LLCs to own or develop properties. The closing process when selling a Memphis house involves, negotiating the contract, selecting a closing agent, relaying the closing agent to the lender and finalizing paperwork. The process of closing on the sale of a house differs from state to state, but in Memphis, TN it lasts around 30 to 45 days. A title abstract is created and then a title commitment will be sent to the lender. The Memphis resident selling the house will need to obtain the pay off of the existing loan if one exists. About three days before closing the closing documents are created and a hard figure of the closing costs will be calculated based on local Memphis and Federal interest rates. The party responsible for closing costs will need to get a cashiers check or have the money wired. At closing the buyer and seller are generally not in the room at the same time. The buyer will go through the documentation and then the seller receives the money and signs all paperwork at that time as well. The number one issue at closing on a real estate sale in Memphis is when the buyer is presented different terms and numbers of interest rates and closing costs. Occasionally repairs may not be complete at closing that were requested in the contract on condition of sale. This can be worked around in an extension contract. With the market down, investment property is the hot item in the real estate market right now.

Health Law

• Personal Injury
  Part 1 - Memphis attorney Vincent Perryman discusses Personal Injury Law and what personal Injury Law entails. In Memphis, Personal Injury Law deals with any instance where a Memphis individual sustains any form of injury due to a car wreck or a fall in a sto...
• Medical Malpractice
  Topics: Advance Medical Directives, Business, Law, Civil Procedure, Employment Law, Estates & Trusts, Ethics, Family Law, Insurance, Judgements, Collections, Subrogation, Medical Malpractice, Real Estate Law, Social Security, Technology, Social Media, Torts
• Auto Accidents

Trusts and Estates

• Estate Planning
  Midsouth Attorneys > LegalEase Episode List > Memphis attorney Vincent Perryman discusses Estate Planning on legalease with Bill Jones
• Wills
  In general Probate Courts are courts that handle the appointment of a personal representative for the estate of a decedents. Probate Courts also make certain that a personal representative properly carries out their duties owed to an estate. The Shelby County Probate Court is located in Memphis, Tennessee and handles matters including Wills and Estates, Trusts, Conservatorships, Guardianships, Name Changes, Correction of Birth Certificates, and Judicial Hospitalizations under the Mental Health Law.
• Trusts
  An Irrevocable Trust in Memphis is a Trust that cannot be amended, modified, changed or revoked. Once an Irrevocable Trust has been created, the terms of the trust agreement are unchangeable and cannot be changed for any reason.
• Power of Attorney
  As the name implies, these Trusts are revocable by the “Settlor†- the person who establishes the trust and contributes property to the trust. The trust is drafted to become irrevocable at the death of the Settlor. In fact, this feature is one advantage these Trusts have over Wills and Powers of Attorney. If the trust is properly funded, the named Successor or Co-Trustee has authority from the moment of incapacity or death of the Settlor. In the case of the Co-Trustee, their authority exists from the moment they are named and the trust document is executed.
• Probate
  Memphis attorney Vincent Perryman discusses Probate Law with Scott Peatross and what Memphis Probate court does. When a person dies their estate has to enter into probate. Probate court also handles guardianships for minors and if the child inherits money. The court will appoint a guardian for a child until they are 18. Probate court also deals with a conservatorship. A conservator is a person that is appointed to handle the affairs of a disabled adult. Typically the conservator will be in charge of the disabled adults property, managing their property, paying bills, and also be in charge of the person as far as making medical decisions. Probate court handles name changes for people as well. Probate court hears mental health commitments. Generally Memphis Probate court handles estates. At some point after someone dies there is a need to dispose of their property. Bank accounts, car, or creditors will need to be notified and closed. Probate court is designed to help rap up the final affairs after someone passes in an orderly way. In a situation where there is a will, the court assures the will was followed. If there is not a will the court assures the property is distributed in accordance to the Tennessee's in testate succession laws. This law says where the property goes in the event there is no will. Even if the will appoints someone as the executor of the will it still does not make it legally binding until Probate court appoints the individual executor or administrator of the will and assigns letters of administration for the estate. These documents give you the rights to administer the will. The Probate Court also verifies the will is complete, probated and legal. Probate court provides a forum for settling disputes over estates as well. The disputes can be over the legitimacy of the will and whether it is valid or not.

Finance Law

• Bankruptcy
  Chapter 7 bankruptcy is a type of liquidation for consumers and businesses in Memphis. This means that some of your property may be sold or repossessed in order to pay the loan back. Depending on the Tennessee state laws, some of your property may be exempt from liquidation. Chapter 7 bankruptcies typically last three to six months before they are finalized and will stay on your credit report for ten years. In this type of bankruptcy, most if not all of your unsecured debt is erased. You have a few choices with secured debt; it can be repossessed by the creditor, paid off in a lump sum or you may be able to continue payments if the creditor agrees.
• Foreclosure
  Part 2 - In the Memphis area if someone had some extra money during a down economy there are multiple areas individuals can investment money into. There are many websites that list Memphis area foreclosures. It is good to sit down with a local Memphis Real Es...
• Tax Law
  Memphis attorney Vincent Perryman discusses Tax Law and the Emergency Economic Stabilization act of 2008 or the Bail out plan with Gus Wilson. The bail out plan entails many tax refunds for businesses and individuals. This is the biggest tax law passed since 2001. The Financial Market Rescue plan entails 3 major effects. One is if a Memphis Business has assets and are in trouble with bad loans the government will buy their loans if the company is a member of the TARP (Troubled Asset Relief Program). They will then in turn be able to dictate the income of the CEO of the company. The second effect is the Fanny and Freddie stock purchases that affects only a few key people, community banks and other organizations are allowed to deduct capital gain losses through the federal or Freddie stocks they own against ordinary income. Which means instead of waiting until they have a capital gain to offset those losses they can take them in the current year against any kind of gain they have. The extended exclusion for home owners with a mortgage. Which means if you default on the loan and the bank has to take over the loan and they have to liquidate the house to cover the loan, if there is a gap between what they make and how much is owed. In the past it would have been income to the homeowner that they would have to pay taxes on. Now it just goes away. The gap on the mortgage default is extended until 2012. For this to work is it has to be the primary residence and its only up to 1 million dollars in value. With the bailout plan some of the tax provisions for the individuals are the AMT Patch. The AMT Patch is an Alternative Minimum Tax. This provides high income tax payers with a floor for a minimum amount of taxes they have to pay. It restricts a lot of add backs. The bailout package affects the middle income tax payers by raising the threshold in order to prevent them from paying the AMT. To be excluded from paying the AMT the numbers for married couples filing jointly are 70,000.00, single 46,200.00, and married filing individually 34,975.00. If you feel you are in the AMT tax category consult an accountant to discuss your options.