Getting a divorce is hard to do, but it becomes more difficult when one side cannot support themselves following the separation. In these situations, alimony becomes another potential issue in a divorce proceeding. Spouses ordered to pay alimony are often, and understandably, resentful of the court-ordered obligation; after all, a significant portion of their earnings are going to their ex-spouse. Below, we examine alimony and the general types most courts acknowledge.
Collaborative Family Law
On April 1, 2019, the Tennessee Supreme Court amended their rules to add Rule 53, a new rule addressing Collaborative Family Law. This decision has been a long time coming and thanks should be given to the many professionals that have worked hard for this outcome. It is just another tool for those families having to go through a divorce. This "new" tool provides a team-based approach for divorce.
4 signs you may be the target of a criminal investigation
If you have ever watched a television cop show, you have seen investigators conduct criminal investigations. While real life differs from television in many ways, criminal investigations happen all the time. How do you know if you are the target of one, though?
Criminal investigations unfold in a few different ways. If you notice any of the following, however, you may need to ask a lawyer for assistance:
Tennessee Supreme Court Decides on Major Issue Concerning Parenting Plan Modification
The Tennessee Supreme Court recently decided on a major issue concerning parenting plan modification. The decision addresses the issue of which court can hear a post-divorce petition seeking modification of a parenting plan depending on the allegations contained within the Petition.
First right of refusal clauses change custody agreements
Both you and your children's other parent want the best for them. Nonetheless, parenting in a post-divorce family can be extraordinarily challenging. If your ex-spouse is frequently unable to care for your kids during his or her scheduled visitation time, you may want to add a first right of refusal clause to your custody agreement.
Put simply, a first right of refusal provision requires your former spouse to offer you the ability to care for your kids in his or her absence. While these clauses are not right for every co-parenting situation, they have the following three major advantages.
Tennessee is bringing in the New Year with new laws in 2019
Tennessee is bringing in the New Year with new laws in 2019. The changes in the law are numerous, expanding from laws affecting motor vehicles to laws that affect water pollution. Tennessee has about 31 new laws that became effective as of January 1, 2019, and several of the laws effect, in one way or another, some controversial topics.
Laws governing abortion are affected by some of the newly enacted laws. HB 0108 now requires abortion cases where an ultrasound is performed as part of an examination prior to an abortion, the person who performs the ultrasound must now offer the woman the opportunity to learn the results of the ultrasound. Additionally, if an ultrasound is performed prior to the termination of the pregnancy, the report of abortion must indicate whether a heartbeat was detected. Tenn. Ann. Code §39-15-203
Are you committing white-collar crime?
Many employees who get caught committing white collar crime are first-time offenders who have never been through the criminal justice system. It can often happen that an employee simply assumes that what he or she is doing is not really a crime, perhaps because the employee does not perceive his or her actions to be serious enough to warrant getting noticed.
The truth, however, is that even small amounts of theft or fraud are technically white-collar crimes. Acts you may consider to be insignificant could actually be criminal. If that is the case and your employer or other employees catch you in the act, you could face serious consequences. The best way to protect yourself from unwittingly committing fraud or other types of white-collar crime is to inform yourself about the most common types of workplace embezzlement.
Time Is Of The Essence: What You Should Know About Filing Medical Malpractice Claims in Tennessee
Blog by: Monica M. Cacace, Esq.
Tennessee and Florida Licensed Attorney
Breeding Henry Baysan PC
Knoxville, TN Office
If you believe you are a victim of Medical Malpractice which occurred in Tennessee, the most important thing you should know is that you have ONE (1) YEAR TO FILE A LAWSUIT OR ELSE YOUR RIGHT TO SUE EXPIRES! One year can pass by very quickly so you should act immediately after you have discovered the medical malpractice.
Medical Malpractice Investigations Takes Time
If you want to hire a lawyer to represent you in your claim for medical malpractice, you should seek a legal consultation as soon as practical after the medical malpractice has occurred to allow the lawyer or team of lawyers sufficient time to investigate your claim. An investigation into a medical malpractice claim takes time. If you happen to have all the medical records associated with the medical malpractice, it may take a few weeks to a few months for a lawyer to thoroughly review your case. If you do not have any medical records, they will have to be ordered, and this could increase the investigation time by at least thirty (30) days. An investigation into your claim usually cannot take place until the medical records are available for the lawyer's review.
Once the lawyer reviews your medical records and finds that a medical malpractice may have occurred, the lawyer will likely submit your medical records to a medical expert for further evaluation. The medical expert should be a medical professional that has the same field of expertise as the medical professional alleged to have committed the medical malpractice. For example, if an OBGYN committed the medical malpractice, then an OBGYN should be hired as the medical expert. There are many experts available around the country but locating a local expert may take time as some may be defense experts, others may personally know or are competitors with the medical professional who committed the medical malpractice, etc. Give yourself and/or your lawyer sufficient time to investigate the claim. Lawyers may be hesitant to take on your case if you only have 30 days left to file a lawsuit even though you may have a great case, simply because they won't have enough time to evaluate it.
Changes in Tennessee Law Regarding Parent Relocation:
In July of 2018, the Tennessee statute which governs relocation of a parent with a minor child was amended. After custody or co-parenting has been established by the entry of a permanent parenting plan or final order, a parent who wishes to relocate outside the state or more than fifty (50) miles from the other parent within the same state, must send notice to the non-relocating parent at least sixty (60) days prior to moving with the child.
The notice requirements under the statute remain the same. The notice must contain: "(1) a statement of intent to move; (2) location of proposed new residence; (3) reasons for proposed relocation; and (4) statement that absent agreement between the parties or an objection by the non-relocating parent within thirty (30) days of the date notice is sent by registered or certified mail in accordance, the relocating parent will be permitted to do so by law." Tenn. Code Ann. § 36-6-108.
Breach of Peace
Creditors that have entered into a valid security agreement with debtors do have the right to self-help repossession when such a debtor defaults. In this instance, the creditor can bypass the court system and take matters into their own hands to regain possession of their collateral. This rule is encompassed by the Uniform Commercial Code and furthermore adopted by the State of Tennessee in Tenn. Code Ann. § 47-9-609(b)(2). That being said, creditors often do not apply the proper procedures and may unknowingly open up the possibility of being sued as a result of repossessing the collateral subject to the security agreement.
In order to properly repossess collateral that is subject to a security agreement, a creditor cannot "breach the peace." While it is likely obvious that a breach of the peace would encompass some type of violent act, such as pushing, fighting or some other outrageous encounter between the debtor and creditor (similar to what is seen on television shows), it is actually fairly easy for a breach of the peace to occur. All it takes to be considered a breach of the peace is for the debtor to orally protest or object to the creditor's repossession of the collateral, physical violence is not necessary. For example, if a creditor went to repossess a debtor's car and the debtor were to merely say "no," but the creditor continued to carry out the repossession, the creditor could be found guilty of breaching the peace.
