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Can My Spouse Discharge Back Child Support in Bankruptcy?

The past 18 months have been challenging for many households, and now that the world is trying to return to a life resembling the one we all remember some budgets are not rebounding. While the percentage of bankruptcies are down year over year, many analysts think those numbers are likely to increase. Many households have been able to remain afloat thanks to stimulus money and moratoriums on ...

Rules for Establishing Legal Parental Rights for Unmarried Parents in Tennessee

Tennessee law has different means of establishing custody when the parents of a child are not married. If a child is born and the parents are unmarried, establishing custody isn’t as straightforward. As with most aspects and decisions in family court, the main consideration is what makes the most sense for the child and their best interest. How do you establish paternity in Tennessee? According to ...

Can a Child Choose Which Parent to Live With in Tennessee?

What Age Can a Child Choose Which Parent to Live With? If you’re breaking up with your child’s other parent or if you’re a parent headed toward divorce , and you’re wondering if older children can choose which parent to live with, you’re not alone. A lot of people believe that once a child reaches a certain age, generally 12, 13, or 14, that the child has the power to choose which parent to live ...

What Happens if I Get into Bar Fight in Tennessee?

Life has been very challenging lately, and excessive drinking has been an unfortunate side effect for many people. When excessive drinking happens, it can lead to poor choices and reckless behavior. When life is particularly hard, some people overindulge in alcohol to help them forget about the hard parts of life. Sadly, while it may make someone make better in the short time, it can also lead to ...

Penalties and Fines for Drug Charges in Tennessee

Tennessee drug crimes carry severe penalties and fines. Even if you face a misdemeanor charge, like simple possession, the penalties and fines can be jarring. The charges for drug crimes in the state range from rehabilitation to jail or prison time, depending on the charge's severity and specifics. 5 Types of Drug Charges While some of the larger metropolitan areas have sought decriminalization ...

Don't Forget: Marijuana is Still Illegal in Tennessee

Nashville’s DA announced it’s no longer planning to prosecute minor marijuana cases, and Memphis has already started working again toward similar municipal decriminalization legislation. With the two largest cities in Tennessee working to ignore or change marijuana laws, it’d be easy to forget that marijuana is still wholly illegal in Tennessee. The issue is not an easy one for many states, and ...

What You Need to Know for a Smooth Military Related Divorce

A military divorce can be complicated if you aren’t sure about your entitlements, rights, or where to begin the process. A military divorce can seem like it’s just a mountain of paperwork and time spent filing requests. While service members and their spouses have some flexibility in certain aspects of their divorce, some issues can complicate matters. Challenges of Military Divorce If your ...

Can My Spouse Discharge Back Child Support in Bankruptcy?

The past 18 months have been challenging for many households, and now that the world is trying to return to a life resembling the one we all remember some budgets are not rebounding. While the percentage of bankruptcies are down year over year, many analysts think those numbers are likely to increase. Many households have been able to remain afloat thanks to stimulus money and moratoriums on ...

Top 5 Benefits of Mediation

Mediation is when a couple looking to divorce meets with an impartial third party to assist in negotiating the terms of the divorce. A mediator leaves the final decision to the parties involved; they will not decide what is fair and will not place blame on either party. Instead, a mediator acts as a catalyst between the opposing parties and attempts to bring them together by shining a light on ...

Penalties of a Domestic Assault Conviction in Tennessee

Domestic assault is a serious issue in the state of Tennessee and, as such, the consequences of a conviction can be quite severe, depending on the details of the crime. In addition to the criminal penalties one may face, a conviction may also impact a defendant’s ability to own a firearm, retain employment, and rent an apartment. If you are facing domestic assault charges, it is crucial to hire an ...

Types of Assault Charges in Tennessee

There are two types of assault (simple and aggravated), and those accused can face misdemeanor or felony charges. Depending on the severity, penalties can from prison time to fines. Simple Assault Simple assault is defined as knowingly or recklessly causing bodily harm to another person. Simple assault can result in: a victim reasonably fearing imminent bodily injury; or physical contact with ...

Don't Forget: Marijuana is Still Illegal in Tennessee

Nashville’s DA announced it’s no longer planning to prosecute minor marijuana cases, and Memphis has already started working again toward similar municipal decriminalization legislation. With the two largest cities in Tennessee working to ignore or change marijuana laws, it’d be easy to forget that marijuana is still wholly illegal in Tennessee. The issue is not an easy one for many states, and ...

What Household Objects Can Be Considered Drug Paraphernalia?

Common Items that Can Turn Criminal Nonprescription drug use is a well-understood criminal offense. Possession of drug paraphernalia is equally punishable, and charges can even arise from items that are originally innocent. When an item is used to consume, cook, hide, inhale, prepare, or test illegal drugs, it becomes drug paraphernalia. If used in such a way, an individual can be charged with ...

Expunging a Simple Possession Charge in Tennessee

Clear Your Record and Protect Your Future A simple possession charge carries penalties that are anything but simple. When convicted, an individual could face probation, fines, or jail time. Even after you’ve endured the punishments, the charge stains your record permanently, unless later expunged. An expungement returns a person’s record to the state it was in before the crime. That is to say that ...

How Does an Ignition Interlock Device Work?

Ignition interlock devices (IIDs), also known as breathalyzers, are frequently installed in the vehicles of those charged with DUIs as an effort to reduce any further drunk driving offenses. While all 50 states have some sort of ignition interlock device protocol in place, Tennessee is one of 34 states where everyone convicted of driving while intoxicated must install an IID in their car. How it ...

Can I Get Fired for Getting a DUI?

Understanding the Extent to Which a DUI Conviction Can Affect Your Life Drunk driving convictions carry hefty fines, lengthy jail sentences, and suspension of one’s driver’s license. Beyond the criminal penalties one could face, a DUI conviction has the potential to affect many aspects of one’s life, potentially even their employment status. Tennessee Employment Laws As Tennessee is an employment ...

How Long Does a DUI Charge Stay on My Record?

Understanding the Severity and Permanence of Tennessee DUIs DUIs are major offenses in every state with the severity of punishments reflecting the seriousness of the crime. While many of the punishments are geared towards correcting behavior, such as by necessitating participation in driving safety courses, the conviction leaves a lasting stain on a Tennessee criminal record. Luckily, in some ...

What Are a Father’s Rights in Tennessee?

In 1997, Tennessee lawfully determined that a parent’s gender should not affect whether they receive primary custody of their children. It’s stated in the Tennessee Code Annotated 36-6-412 that “It is the legislative intent that the gender of the party seeking to be the primary residential parent shall not give rise to a presumption of parental fitness or cause a presumption in favor of or against ...

What Is a Conservatorship?

To be the conservator of another person, or to enter a legal conservatorship, you must be able to prove that the other person is a disabled or incapacitated adult who requires someone else to handle any and all decision-making responsibilities for them . A conservatorship can be permanent or temporary, if the incapacitated adult is merely unable to protect themselves or their estate due to an ...

Is it Possible to Modify My Alimony Payments?

The short answer to this question is, yes, you can modify your alimony payments. However, it all depends on the circumstances of your situation and whether or not your life recently underwent any change that warrant a modification of your alimony payments. Before you go any further, it is crucial to seek experienced legal counsel from a family law attorney. In the meantime, please review our list ...

Rules for Establishing Legal Parental Rights for Unmarried Parents in Tennessee

Tennessee law has different means of establishing custody when the parents of a child are not married. If a child is born and the parents are unmarried, establishing custody isn’t as straightforward. As with most aspects and decisions in family court, the main consideration is what makes the most sense for the child and their best interest. How do you establish paternity in Tennessee? According to ...

Reality TV Personality Charged in Child Pornography Case

Josh Duggar from the once-popular now-canceled reality TV series 19 Kids and Counting was arrested and charged with possession of child pornography. He was released from jail on May 6 th , but he is barred from returning to his family home on the judge’s orders that he not live at home with his minor children. He has been outfitted with a GPS electronic monitoring device that ensures he’s not away ...

Specialists, General Practitioners, and the Holistic Practice of Law

A recent article by the American Bar Association asked the question, “are lawyers getting too specialized?”. The author’s theory was that as attorneys continue to become hyperspecialized, they lose the ability to solve more complex legal problems because they have lost the 10,000 foot view, or as he called it, the “legal sixth sense”. In other words, lawyers who are specialists lack the ability to ...

Another Murder Case Dismissed Without a Trial

In November 2016, we announced that criminal defense attorney and partner Chris Clark had successfully persuaded the State of Tennessee to dismiss first degree murder charges against a client. Well, it has happened again. On July 16, 2018, the State of Tennessee dismissed first degree murder and other serious felonies against a client. The client was charged in a six-count indictment that included ...

Can I Get a Restraining Order Removed?

In the state of Tennessee, when a person is abused, threatened, stalked, harassed, or a victim of domestic violence , they may seek a protective order with the courts which requires their alleged abuser to stay a certain distance away from them. Also known as “restraining orders,” these orders usually remain active for one year, though they may be modified by the courts as they see fit. But what ...

How Can I Defend Myself Against a Tennessee Weapons Charge?

Understanding Tennessee Weapons Laws and How to Defend Yourself Against Them While the Constitution continues to protect Americans’ rights to bear arms, states impose certain restrictions to protect the public from unnecessary access to tools of excessive force and danger. Tennessee incriminates anyone carrying a weapon without the appropriate permits. If you have been charged with illegal ...

Can I Be Convicted of a Weapons Charge if I Carry a Knife?

Due to Tennessee’s vague legislative language, it can be difficult to understand exactly what type of weapon will get you convicted of a weapons charge . As of 2013, it is legal to own any type of knife, including: throwing stars; daggers; dirks; swords; sword canes; and machetes. Concealed Weapon Charge There are generally no prohibited knives under statute laws, but you may still be convicted if ...

Possession of a Handgun While Under the Influence in TN

If you are a firearm enthusiast, you probably value your right to bear arms. After all, firearms allow law-abiding citizens to protect themselves, their families, and their homes from criminals. Research has shown that when citizens are armed, and criminals know it, they will usually avoid the properties that are protected by armed homeowners and business owners. There are strict state and federal ...