What Is the Difference Between Physical and Legal Custody?
Child custody is one of the mostly hotly contested issues in divorce. Even if you and your spouse have mutually agreed to separate and you are both able to cooperate on every other issue, you may disagree about who gets custody of your son or daughter. The court recognizes the importance of both parents in…
Read MoreFactors the Court Considers When Dividing Marital Property
Is your marriage coming to an end? Before you and your spouse can part ways, certain issues must be addressed, including custody, alimony and the division of marital property. If you and your spouse are able to cooperate during your divorce, you can divide your assets however you see fit. However, if you are unable…
Read MoreYour DUI Penalties May Last as Long as Your Criminal Record
It’s a common misconception that getting a DUI in Tennessee is like getting a traffic ticket: once your time is up, so to speak, the charge fades from your record. This is patently untrue. A DUI in Tennessee stays on your criminal record forever, unless your criminal defense lawyer can have it expunged – and…
Read MoreThe Importance of Hiring a Lawyer if Your Child Is Arrested
Has your son or daughter been arrested for underage drinking, vandalism, theft, DUI or any other type of crime? Whether facing misdemeanor or felony charges, it is vital to your child’s future that you retain prompt and experienced legal counsel. Do not make the mistake of thinking your son or daughter needs to learn a…
Read MorePenalties for Marijuana in Tennessee
So far 20 states and Washington, D.C. have legalized medical marijuana. Additionally, Colorado and Washington have legalized marijuana for recreational use. However, cannabis is still illegal in Tennessee and under federal law. This means that while the general attitude toward the substance has changed over the years, it is still against the law to possess,…
Read MoreAlibi: Your Questions, Answered
An alibi is any evidence showing that a defendant was somewhere other than the scene of a crime during the time the crime occurred. While the media and popular culture might portray the alibi as an untruthful or poor defense, the alibi is a perfectly respectable and frequently used legal defense. Here’s a brief overview…
Read MoreFive Key Changes to Make to Your Estate Plan After Divorce
The immediate aftermath of a divorce can be a trying time. There are many things you need to take care of and the tasks can be daunting and overwhelming. While updating your estate plan may not be at the top of your list, picture this ― your loved ones involved in a lengthy court battle…
Read MoreCommonly Used DUI Evidence
Whether your defense to your DUI charges will be successful depends largely on the experience and skill of your DUI attorney and also on the strength of the evidence of your guilt. Common pieces of evidence used in Tennessee DUI cases include the following: Blood and Breath Tests Blood or breath tests, which determine the…
Read MoreWhat to Expect at Your Arraignment
The criminal court procedures can be intimidating for anyone. If you are facing misdemeanor or felony charges, you probably have a host of questions and concerns about how the system works and what to expect. The first court appearance you will probably face is known as an arraignment, sometimes called an “initial appearance.” This proceeding…
Read MoreFive Common Criminal Defenses
To successfully convict a criminal defendant, the government must prove the defendant was guilty beyond a reasonable doubt. The most common defenses criminal defendants may raise can be grouped into two general categories ― first, denying the defendant did anything (including the alibi defense), and second, acknowledging the defendant did the act but only under…
Read MoreProtecting College Funds From Divorce
Many parents have college funds set up for their children where they contribute money each month to head off the overwhelming costs of college when the day comes. But you may wonder what happens to a college fund upon divorce. Can your spouse cash out your child’s plan early without your consent? College savings plans…
Read MoreQDROs: What You Need to Know
In many marriages, the retirement accounts that the spouses own are some of the largest financial assets in their portfolio. When the couple divorces, numerous questions arise as to how to equitably split up the retirement accounts and, in fact, whether it can be done at all. The answer is that the retirement accounts can…
Read MoreDivorce Mediation FAQs
Divorce mediation is the process by which a specially trained neutral third party (the mediator) meets with a divorcing couple to help them resolve their disputes without having to go through a court trial. The mediator can help the couple decide issues such as distribution of property, taxes, child support, and child custody or parenting…
Read MoreDoes Tennessee Examine Religious Preferences in Determining Child Custody?
When couples divorce, it is often due to the normal sources of conflict — money, child rearing, politics, and religion. If you and your spouse disagree over your children’s religious upbringing, a whole host of conflict can erupt. But can a court take religious preferences into account when determining custody? According to a recent article…
Read MoreTennessee Sex Crimes Are Serious
Sex crimes in Tennessee cover everything from simple sexting to statutory rape. An accusation of a sex crime is very damaging and, if convicted, the punishments can include prison time and the requirement to register as a sex offender. Most sex crimes require that you have the requisite mental element or intent to commit the…
Read MoreCharged With Vehicular Homicide in Tennessee?
In Tennessee, vehicular homicide is defined as the “reckless killing of another by the operation of an automobile, airplane, boat or other motor vehicle.” This is a very serious charge, and the penalties are severe. You may be shocked to find yourself in this situation because you never thought you would be charged with a…
Read MoreWhat To Do In A Roadside Emergency
With the Fourth of July holiday fast approaching, more cars will be on the road than ever. Heavy travel time, unfortunately, means that more accidents will likely occur. One of the biggest dangers comes from unpredictable stops on a highway. Roadside emergencies can result from a flat tire, running out of gas, or a mechanical…
Read MorePaternity in Tennessee
Establishing paternity, or identifying the legal father of a child, is very important to all parties involved: the child, the father, and the mother. It can give rights and benefits to all of them. From the father’s point of view, establishing paternity allows him to participate in his child’s life and obtain visitation or custody…
Read MoreRecent U.S. Supreme Court Case Has Impact on Tennessee DUI Law
If you’ve been recently arrested for driving under the influence (DUI) in Tennessee, your case may be helped by a decision of United States Supreme Court rendered last month on April 17. The case of Missouri v. McNeely is likely to have a large impact on DUI cases in Tennessee and other states. In McNeely,…
Read MoreBuying The House Before The Ring
You may have heard the old adage: first comes love, then comes marriage, then comes Mary with a baby carriage. And, after marriage, comes the house — that’s the order everyone is used to. According to a recent study by Coldwell Banker, the order of old has been upended. Many couples in serious relationships now…
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