Latest Blog Posts By Category

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 ...

Can I Get in Trouble for Borrowing My Friend's Gun?

Facing a gun charge is a serious charge in Tennessee, and if you have a gun charge on your record, it could impact your life and the choices available to you for many years to come. If you are facing a weapons charge, you may not be aware of how serious a gun crime can be. It can derail your future and leave you with a criminal record that you’ll need to explain to employers. You shouldn’t try to ...

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 ...

Why Couples Struggle With Prenuptial Agreements

Prenuptial agreements are commonplace these days. However, it feels true that they suffered a poor reputation for many years as a tool of greedy spouses seeking to keep all their assets to themselves. Unfortunately, when couples marry, they aren’t planning to get a divorce. What is a Prenuptial Agreement? A prenuptial agreement is a contract couples sign before entering a legal marriage. The ...

How Five Issues Could Derail Your Divorce

Few issues are sure to complicate your divorce like money and children. Issues like having a large investment portfolio, or young children who require custody arrangements, or immense wealth without a prenuptial agreement, are sure to land you on the opposite side of an office table in negotiations with your estranged spouse. As you get older, it’s normal to amass investments and assets you plan ...

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 ...

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 Long Does a DUI Conviction Stay on Your Record?

If you’ve been arrested and need to begin fighting a DUI charge, you need to know what to expect if you end up with a DUI conviction in Tennessee. Did you know that a DUI conviction can stay with you for life? With such serious consequences at stake, you need to be sure you do everything possible to fight a DUI charge. Hiring a seasoned DUI lawyer is vital to your ability to mount the strongest ...

Everything You Need to Know About Tennessee DUI Laws

Driving under the influence is a serious charge, and if you are arrested on a DUI charge in Tennessee, there are serious consequences. DUI charges can be quite severe if you’ve had previous DUI charges. A police officer can stop you if they have reason to believe you’ve been driving under the influence. When convicted of a DUI, you could face fines, licensed suspension, and jail time. Tennessee ...

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 ...

When Should Families Seek a Conservatorship?

If you have aging parents, then you may be starting to see signs of decline you can’t ignore. When your parents reach a point they are mentally incapable of managing their personal affairs, it may be time to consider petitioning the court for a conservatorship. It can be difficult to admit your loved one is having problems with basic tasks like: Driving/Auto Maintenance Finances Shopping Home ...

Why Couples Struggle With Prenuptial Agreements

Prenuptial agreements are commonplace these days. However, it feels true that they suffered a poor reputation for many years as a tool of greedy spouses seeking to keep all their assets to themselves. Unfortunately, when couples marry, they aren’t planning to get a divorce. What is a Prenuptial Agreement? A prenuptial agreement is a contract couples sign before entering a legal marriage. The ...

When Should Families Seek a Conservatorship?

If you have aging parents, then you may be starting to see signs of decline you can’t ignore. When your parents reach a point they are mentally incapable of managing their personal affairs, it may be time to consider petitioning the court for a conservatorship. It can be difficult to admit your loved one is having problems with basic tasks like: Driving/Auto Maintenance Finances Shopping Home ...

Why Couples Struggle With Prenuptial Agreements

Prenuptial agreements are commonplace these days. However, it feels true that they suffered a poor reputation for many years as a tool of greedy spouses seeking to keep all their assets to themselves. Unfortunately, when couples marry, they aren’t planning to get a divorce. What is a Prenuptial Agreement? A prenuptial agreement is a contract couples sign before entering a legal marriage. The ...

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 ...

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 ...