Areas Of Law

McBrien and Kane is a preeminent law office based in Lebanon, Tennessee whose attorneys handle many areas of the law. Here are the some of the key areas we cover:



Family Law

The attorneys at McBrien and Kane are professionals who handle all aspects of family law in Wilson Wilson County, Smith County, Macon County, Trousdale County, Rutherford County,  Dekalb County, and Davídson County.  McBrien & Kane are top notch divorce lawyers in Lebanon, Tennessee.

Family law consists of many areas from adoptions to prenuptials to divorce, custody, child support, child support modifications, and visitation as well as post-divorce matter and juvenile law. Additionally, our law firm can assist with any family law needs you may have, including grandparents and step-grandchildren.

In Family Law - the key is knowledge and information. The more you know, the better prepared you are to make important decisions. For this reason, we hope you will take some time to review  the Family Law Information we have prepared for those that visit our website.

Should you have any questions, feel free to contact McBrien and Kane at 615 449-1717.  With three full time attorneys and four paralegals, there is someone always available to take the time to speak with you.

 
Pre-Divorce Planning

Usually, by the time you have met with the attorney in our office, you have already tried counseling and working on your marriage. Most parties that meet with us are ready to file. For those people, that have never been divorced there is a lot of fear and stress starting the divorce process. For those who have already been divorced, there is regret about getting divorced again.

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Prenuptial Agreements

We do a lot of divorces and for this reason, are huge supporters of “prenups.”

A Prenuptial Agreement is a legal document that sets out the terms of how you will divide your marital property if you ever divorce. While no one wants to think of this prior to marriage, a good prenuptial agreement can save you substantial money if you ever divorce.

 
Annulment & Legal Separation

While we can do either for you, both can end up taking longer and costing more than a simple divorce.

We certainly can review with you Tennessee Law in place, to determine if you qualify for either, but most often, divorce may be your only option or your most economical option.

 
Uncontested vs Contested Divorces

There are 2 types of divorces in Tennessee.

Uncontested:
With uncontested divorces, you will meet with us and advise how you want the divorce settled. You don’t need to pay the additional expense of a mediator.

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Children

If you have children, by law you and your spouse must attend a parenting class. THIS IS FOR BOTH CONTESTED AND UNCONTESTED CASES. We do not recommend that you attend together.

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Discovery

We will issue Discovery. Discovery will include written questions known as Interrogatories and Request by Production of Documents. Basically, these are  questions I will ask your SPOUSE about his allegations, his witnesses, his income, his debt, his assets. Your spouse has thirty (30) days to answer them.

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Mediation

Our courts require we attend mediation before going to trial. The only time mediation is not required is if there have been allegations of abuse and you do not feel safe in the same room as your spouse during a mediation.

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Problems During the Divorce Process

During the pendency of your divorce action, it may be difficult to get your spouse to comply with Court orders.

Often divorcing spouses will continue to fight by phone. They will call each other to yell, and leave ugly messages. If your spouse does this, inform me. Do not talk to your spouse about anything other than your children if it will lead to arguments.

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Property Division

When it comes to property division, it is your job to tell me about all your assets and provide me with copies evidencing ownership of these assets.

The Court will first determine if your property is separate property or marital property. Fault is not a factor in property division.

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Debt Division
The court will consider these factors in determining division of debt:

- Whose debt is it;
- Why was it incurred;
- Who benefitted from the asset purchased or debt monies;
- Who will ultimately receive the asset purchased;
- Who can afford to pay the debt;
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Alimony

Alimony is based upon the relative needs and resources of the parties.

The State of Tennessee sets out criteria for establishing alimony in its statutes:

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The Trial

If we get to trial that will mean we have done Discovery, Mediation and Preliminary Hearings and there is no way to settle this matter.

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Trial Preparation

In preparation for the trial, we will review all the major issues of your divorce.

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Always Tell the Truth

Do not be sarcastic.

Before court review your Discovery responses and all your worksheets and documents.

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Attorney Fees Costs, Expenses, Time

We charge a non-refundable retainer and bill against that retainer on contested divorces. We charge a flat rate fee on uncontested divorces.

Each case is different. Obviously if you have no children or you have a short term marriage our legal fees will be different from someone who has much
more to handle.

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After the Divorce

You may return to the court after the divorce for many reasons. Those include child support increases or reductions, change of custody, increases or decreases in alimony, contempt of court for failure to abide by the Final Decree or when one party with custody wants to move away with the child.

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Criminal Law

McBrien & Kane can help you with a variety of matters when facing criminal charges. We can help fight for your legal rights, arrange for bail, represent you in court, and negotiate with the prosecution. We can arrange payment plans for clients who cannot afford to pay legal fees up front.  For more information, contact our qualified Lead Counsel Criminal Law Attorney today.

 
Personal Injury

McBrien & Kane represents clients who have sustained a wide range of injuries, such as those that arise from being involved in an automobile accident, a railroad accident, airline or other common carrier accident, a construction or other workplace accident, or injuries that occur as the result of a dangerous or unsafe product.  In addition to helping accident victims, we also represent clients who have sustained other types of harm resulting from someone else's neglect or violation of a legal duty.

 
Probate/Estate Planning/ Conservatorships/Guardianship/Trusts

McBrien & Kane represents clients when a loved one has passed away leaving an estate in need of probate. We also assist in Estate Planning such as Wills, Trusts, Health Care Powers of Attorney, Financial Powers of Attorney and Living Wills. We also can set up a conservatorship or guardianship when necessary to protect a loved one.

Estate planning is one of the most important steps any person can take to make sure that their final property and health care wishes are honored, and that loved ones are provided for in their absence. Though often overlooked or put off in favor of more immediate concerns, a comprehensive estate plan can resolve a number of legal questions that arise whenever anyone dies: What is the state of their financial affairs? What real and personal property do they own? Who gets what? Does a personal guardian need to be appointed to care for minor children? How much tax will need to be paid in order to transfer property ownership? What funeral arrangements are appropriate?

Should you have any questions, feel free to contact McBrien and Kane at 615 449-1717.  With three full time attorneys and four paralegals, there is someone always available to take the time to speak with you.

 
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