Do I Need an Attorney If I’m Thinking of Separating from My Spouse?
No couple goes into a marriage anticipating one day they will get divorced. Sometimes, though, relationships falter, and you need to start making decisions about how to live apart. One of these decisions involves whether to separate or go through with a complete divorce. If both spouses are not comfortable with the idea of divorcing…
Read MorePotential Consequences of a DUI with Child Endangerment Charge
In the state of Tennessee, child endangerment encompasses various types of offenses, including driving under the influence (DUI) while transporting a passenger below the age of 18 in a vehicle. Serious penalties and consequences are possible when a DUI is involved with child endangerment even if the child was not injured or killed during the…
Read MoreIssues Surrounding the Division of Retirement Plans in a Divorce
When it comes to property division after a divorce, the question often arises as to what portion of the divorced couple’s retirement accounts is each spouse entitled to receive. These retirement accounts can consist of a number of financial instruments such as employer-sponsored retirement savings accounts (401(k)s or 403(b)s, Individual Retirement Accounts (IRAs) or defined…
Read MoreA Look at Self-Defense Claims in Tennessee
Although self-defense laws across the country allow individuals to defend themselves from harm, these laws generally do not permit individuals to commit violence in just any given situation, and simply claim self-defense. Understanding the basics of self-defense law in Tennessee are important, both to understand how to properly use self-defense and avoid criminal charges when…
Read MoreWhen Can You Stop Making Child Support Payments in Tennessee?
Many divorced parents in the state of Tennessee understand the importance of paying for receiving child support money for their children. However, at some point, based on certain criteria such as the age of the child, the support will come to an end. The question is: when does this happen and when can you stop…
Read MoreWhen Can a Criminal Charge/Conviction Affect a Divorce Proceeding?
Life choices do matter. Spouses who are going through a divorce will have the right to argue that character matters in a wide range of divorce issues. Generally, the strongest evidence of bad character is that someone has been convicted of a crime. Being charged with a crime may be especially relevant if the charge…
Read MoreCreative Child Custody Schedules in Parenting Plans
In Tennessee, every divorce decree must include a parenting plan if there are minor children. Parenting plans need to address many issues, including decisions about physical and legal custody. The plans should: Be drafted to minimize the need for modifications Set forth the basic legal and physical custody requirements Minimize the risk of “harmful parental…
Read MoreDo Different Alcoholic Drinks Affect You Differently?
Many people think that different drinks affect people’s emotions differently. They’re certain that beer makes them feel differently than wine, and that wine shouldn’t affect them the same way bourbon does. The starting point for this question is that generally there is no difference in the amount of ethanol in standard drinks, which means a…
Read MoreCan I Date If I’m Legally Separated?
Separation is a legal term. Spouses who live apart without court approval are not separated in the eyes of the law. Dating while you are separated but not legally separated carries great risks that your relationship will become a factor in the divorce and related family law matters. Dating may also be a factor if…
Read MoreWhat are Stepparents’ Rights in Divorce?
Divorce is hard on everyone. It can be especially hard on stepparents who invest a lot of time and love with the children of their spouse during the marriage. When the marriage ends, the biological parent in the marriage has custody rights of their children. Stepparents are often forced to stay on the sidelines while…
Read MoreSplit Custody – The Good and The Bad
Split custody arrangements essentially mean that siblings are separated so the one or more children live with one parent and the siblings live with another parent. Split custody is not the same as joint custody. In joint custody arrangements, the children spend time with both parents. Typically, the parent who has joint custody will have…
Read MoreWhat Is Reckless Driving?
Most traffic offenses specifically describe what constitutes a traffic offense. Drivers know they shouldn’t drive over the speed limit. They understand what it means to drive through a stop sign or drive through a red light. Reckless driving is, in many ways, a catch-all traffic offense. It essentially means that, in addition to any other…
Read MoreMay-December Marriages and Divorces
May-December romances always look great in the movies and on TV. In real life, they sometimes do work out for some couples. Sadly, many relationships between an older man and younger woman or vice versa do fail. According to a study done at Emory University of 3,000 married people: People who are about five years…
Read MoreDriving Under the Influence of Narcotics
The same law that makes driving under the influence of alcohol illegal also makes driving under the influence of narcotics illegal. The key differences between an alcohol DUI and a narcotics DUI are the proof required to show the driver was under the influence, the legal and factual defenses and ,to some degree, the penalties.…
Read MoreDivorce and Spouses with Disabilities
In some marriages, the couple married knowing that their partner was disabled. In other relationships, a spouse becomes disabled during the marriage. The disability may be due to an accident such as a car crash. Often, disabilities occur as spouses age. The wear and tear of life can cause physical and mental difficulties which can…
Read MoreEstate Planning Checklist for 2020
At the end of every calendar year, it’s a good idea to plan for the next. With that thought in mind, here are some suggestions for anyone with minor children, anyone is getting older, anyone who wants to reevaluate their wills, and anyone who has a relative or loved one with special needs. Reby Advisors…
Read MoreNew Study From New York Times Finds DUI Test Machines Are Not Accurate
It’s standard procedure for anyone the police suspect are driving their vehicle under the influence of alcohol (DUI) to require the driver take a breath test. Breath test devices aim to measure the blood alcohol content (BAC) at the time the test is given. Breath tests usually follow a failed field sobriety test. Breath test…
Read MoreGovernor Lee Repeals Habitual Motor Vehicle Offender Law
The state of Tennessee repealed the Habitual Motor Vehicle Offenders Act (HMVO) effective July 1, 2019. The HMVO, prior to its repeal, provided that the licenses of drivers who were labeled “habitual offenders” would be revoked for at least three years. Drivers could not obtain a restricted license during this time. Further, any driver who…
Read MoreCBD Oil in Tennessee: 2019 Legal Status
Customers can find CBD products almost everywhere – in retail stores, online, and even at medical offices. CBD oil products come in a variety of formats, like liquids, pills, lotions, in beverages, tinctures, and almost any type of way to ingest or apply a product that you can think of. Those who promote and sell…
Read MoreHow Do You Tell Your Spouse You Want a Divorce?
There are numerous legal issues that must be resolved when you file for a divorce – the grounds for the divorce, the division of the home and property, custody and child support, and alimony. As hard and complicated as the legal issues are, often the much tougher parts of any divorce are the emotional issues.…
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