How is Marital Debt Divided in TN?
Some couples will come to divorce with a significant amount of debt, including a mortgage, car loans, credit card bills, and other financial obligations. Just like marital assets, this debt needs to be divided fairly when a couple is divorcing. What Happens to a Couple’s Debt When They Divorce? Under...
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How Is Guardianship Decided In TN?
Children need a responsible adult in their lives to look after them physically, emotionally, and legally. While in most cases this will be the child’s parents, sometimes the parents are not able to fulfill this important role. In this case, another adult must be appointed as a guardian to ensure...
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Am I Responsible For My Former Spouse’s Debt After Divorce in Tennessee?
In Tennessee, a divorcing couple will be required to divide their marital assets as part of the process. While asset division is well known and very standard, division of debt is also required and is similar in its scope. Tennessee is an equitable distribution state which means that any property...
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What Are a Father's Parental Rights in Tennessee?
When a couple has decided to split up, one of the most important decisions they face is the health and welfare of their children. In a divorce situation, the court system in Tennessee always prioritizes the best interests of the children when considering custody and visitation rights. It encourages both...
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Can Text Messages Be Used Against Me in a Custody Case in Tennessee?
When couples can’t agree on which parent should act as the primary residential parent in a divorce, the court will make that decision. During a child custody dispute, a judge will consider evidence as to who is most prepared given their past parenting performance and their ability to cooperate and...
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What If My Ex Doesn't Comply With the Divorce Decree?
Just because a divorce settlement has been filed and you are striving to put it all behind you, it doesn’t always mean smooth sailing afterward. Whether you mutually agreed to the terms of the divorce or if they were court-imposed, there are times when one party may no longer want...
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Lifetime Order of Protection in Tennessee
Victims of domestic violence and certain felonies may obtain a Lifetime Order of Protection in Tennessee. The new law enacted as Tenn. Code Ann. §36-3-627 on July 1, 2021, allows certain felony victims meeting certain criteria to apply for a Lifetime Order of Protection. Victim Defined To apply for a...
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Expungement of Criminal Convictions in Tennessee 2021 Update
Tennessee allows criminal charges and convictions to be expunged from public records under certain conditions. A person may wish to expunge criminal charges and convictions to avoid having them appear on background checks or for other reasons. Certain eligibility requirements must be met by persons seeking expungement. There are also...
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Custody Disputes and Transgender Children
Custody disputes have increased over transgender children as transgender issues receive more attention. There have been cases across the United States where parents have waged custody battles over disagreements ranging from refusal to consent to cross-sex hormones to gender identity transition. Transgender Custody Battles Transgender custody battles between parents with...
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Tennessee Courts Reopening
Easing of Restrictions for In-Person Proceedings Tennessee Courts are developing plans for reopening after COVID restrictions limited in-person hearings. The 16th District covering Rutherford and Cannon Counties has issued a Standing Order providing guidance for reopening. The Standing Order should be reviewed for complete information regarding court proceedings. A list...
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Tennessee Child Support Guidelines Update 2020
The Child Support Guidelines have been updated for 2020. The Guidelines govern the calculation and modification of child support obligations. This first update in several years contains changes parents need to know when calculating child support. Determination of Income Child Support is based primarily upon the gross income of the...
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Standing Order for Parenting Time During Pandemic
Rutherford County, Tennessee and the 16th Judicial District have a Standing Order addressing Parenting Time during a Pandemic or Epidemic. The order resolves confusion over caring for children during extended school closures and “lockdown” or “shelter-in-place” orders. Residential Schedule During School Closure Parents are to follow their parenting schedule as...
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Tennessee Court Hearings Suspended for Coronavirus
The Tennessee Supreme Court issued an order suspending in-person hearing in state and local courts through March 31, 2020 because of concerns over coronavirus. The Law Office of David L. Scott will remain open and will continue to conduct business as usual. What Hearings are Actually Suspended The Supreme Court...
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Tennessee Graded for Shared Parenting
Tennessee received a grade of “C” from the National Parents Organization in their 2019 Shared Parenting Report Card. The report grades states on their efforts to promoted shared parenting. Kentucky received the highest grade of “A” while Rhode Island and New York received an “F.” Shared Parenting Benefits The report...
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New Tennessee Handgun Carry Permit Law In 2020 Current Tennessee Handgun Permits
Tennessee handgun carry permit holders are currently allowed to carry a firearm openly or concealed. Applicants must complete an approved handgun safety course within one (1) year of the date of application including classroom and firing range hours. Applicants must also pass a background check and pay a $100.00 fee....
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School Zone Selection In Tennessee Parenting Plans
Children have traditionally been required to attend school in the school zone wherein the Primary Residential Parent (PRP) resides. Designation of a Primary Residential Parent was required even in Parenting Plans where parents had equal time with the children. School districts did not have to honor language in a Parenting...
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Post-Adoption Contact in Tennessee
Contracts for post-adoption contact between relatives and adopted children will be permitted in Tennessee beginning July 1, 2019. Contracts for continued contact with an adopted child were void and unenforceable under prior law. Post-Adoption Contact Requirements Contracts for post-adoption contact must be in writing and signed by all parties to...
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Preparing for Family Mediation
Preparing for family mediation will maximize the benefits of this conflict resolution tool. Mediation is required in all contested family law cases in Tennessee. This includes divorce, paternity, custody, visitation, custody/visitation modification cases. What is Mediation? Mediation is a process through which an attempt is made to resolve or settle...
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Telling Your Spouse You Want a Divorce
You have decided the marriage cannot continue and you need to tell your spouse you want a divorce. How you break this news to your spouse, and the steps you take both before and after, will depend upon several factors. The Uncontested Divorce An uncontested divorce in Tennessee requires spouses...
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Marriage, Divorce, and Artificial Intelligence
We live in an age of rapidly advancing technology, robotics, and artificial intelligence. Will robots someday marry humans and one another? If so, what affect will that have on the institution of marriage and divorce laws? The Future of Robots and Artificial Intelligence Originally reported in The Sun and republished...
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Chinese Man Marries Robot
Marriage in the U.S. has long been defined as a union between one man and one woman and now includes marriages between persons of the same sex. Could marriages between humans and robots be the next step? According to an article in the Guardian.com, a Chinese man has married his...
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Parental Relocation In Tennessee
Overview Parents who wish to relocate with their children more than fifty (50) miles from the other parent, or parents wishing to relocate outside the state, must comply with the requirements of the parental relocation statute found at Tenn. Code Ann. §36-6-108. There were several changes to the statute implemented...
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Tax Bill Changes Affecting Alimony
You may have seen changes in your take home pay caused by the Tax Cut and Reform Bill signed in 2017. However, you may not be aware of the affect the tax bill will have on divorces especially those with alimony provisions finalized after December 31, 2018. Prior Tax Treatment...
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Don’t Bad-Mouth the Other Parent – Child Custody Modifications
Your divorce has been finalized and you are adapting to life as a divorced parent with the financial struggles and child custody arrangements that are your new reality. Your children are also learning to adjust to custody/visitation exchanges and living in two households. This can be difficult for children even...
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Dividing Your Dream Home in a Divorce
You and your spouse purchased your dream home. You have spent years decorating and making improvements. Your children attend school nearby and have made friends in the neighborhood. You think everything is perfect until your suburban dream is shattered when you are served with a divorce action. Typically, parties will...
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Protecting Separate Property From Division in a Tennessee Divorce
Persons marrying later in life, or entering into second marriages, have often acquired separate property in the form of real estate, investments, and other assets prior to the marriage. Protecting separate property from division by a Tennessee divorce court requires proper identification and management of the separate property. Tennessee divorce...
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How the New Tax Law May Inflame Divorce Negotiations
Under the new tax law, divorcing couples may find a new road block in reaching an agreement on important issues Calculation of alimony has always been complicated. It also varies state to state. One of the constants in this otherwise confusing areas of the law has been that alimony is...
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Does the New Tax Law Affect Alimony?
The new tax law will bring substantial changes to how alimony deductions are treated The Tax Cuts and Jobs Act (TCJA) has sent tax experts and those effected by changes in tax laws scrambling. A complete overhaul in tax law, TCJA has far reaching implications for people across the U.S....
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Can Teenagers Get Arrested for Sexting in Tennessee?
Let your teens know that sexting carries legal consequences With advances in technology and increased technology use, new legal issues have come to light. One such issue involves teens engaged in “sexting.” Sexting refers to transmitting nude or suggestive photos via text message. It has become increasingly commonplace as more...
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Who Gets to Claim the Children on Income Taxes When You are Divorced?
The dependency tax exemption is a significant financial benefit. Find out what happens to it after divorce Only one parent is able to claim the dependency tax exemption each year. Additionally, the IRS will not allow divorced or legally separated parents to split the dependency exemption. So, what does this...
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What Happens to Your Health Insurance After You Divorce?
Make sure you are always covered for health insurance, even after divorce. Health insurance provide critical benefits and gaps in coverage can have serious consequences. That said, health insurance coverage should always be addressed as early as possible in divorce proceedings. This will help ensure that you continue to have...
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January Earns the Title of “Divorce Month”
The starting of the new year can mean the ending of many marriages January means the start of a new year, the end of the holiday season, and has also come to mean the end of many marriages. Divorce lawyers across the country claim that business is always thriving in...
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Avoid Common Mistakes and Ease the Pain of Divorce
Divorce is difficult. Learn how to make it easier by avoiding these pitfalls Even in the best of circumstances, divorce is difficult. Emotions run high. There are major factors at play that will have lasting and deep repercussions for you, both personally and financially. Make sure to avoid the following...
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Spouses Use Technology to Spy on Partners
Spyware is being used more often by suspicious spouses investigating their partners Divorce attorneys are seeing a trend develop. With the increased use and abilities that come with advances in technology, attorneys are seeing an increase in the use of electronic spying by suspicious spouses, or even suspicious former spouses....
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How Does Domestic Violence Affect Custody Determinations in Tennessee?
Domestic violence can have serious traumatic effects and will be considered in child custody determinations Tennessee, like many other states, considers domestic violence as a relevant factor to child custody and visitation determinations. While incidences of domestic violence are weighed in child custody determinations, it is important to understand what...
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Blocking a Public Street is a Crime in Tennessee
A traffic safety bill makes blocking public highways and streets in an area restricting emergency vehicle access a misdemeanor In April of 2017, SB 0902 was signed into law by Tennessee Governor Bill Haslam. The law criminalizes obstructing streets and highways in a way that would restrict emergency vehicle access....
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Firearm Silencers Now Legal in Tennessee
The Tennessee Hearing Protection Act of 2017 lets people use silencers on guns A law passing the First of May 2017, taking effect July 1st , the Tennessee Hearing Protection Act of 2017 makes silencers officially legal in the state. Also referred to as “sound suppressors,” silencers are metal devices...
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What You Need to Know if Your Teenager Gets a DUI
An underage DUI can have lasting consequences for your teenager Tennessee law enforcement has little tolerance for underage drinking, let alone underage drinking and driving. If you are under the age of 21 and found to have a blood alcohol level of at least .02 percent while you are driving,...
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What Are the Ins-and-Outs of 50/50 Child Custody or Possession?
In Tennessee, it is possible for parents to equally split parenting time after divorce Recent studies have shown children greatly benefit from spending the maximum amount of time possible with both parents. This goes against the past belief that shuttling children between two parents might be detrimental and therefore, one...
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Can You Get A DUI from Using Cold Medicine?
Taking cold medicine might be legal, but operating a vehicle while using this medicine may land you in trouble Cold and flu season is upon us. Simple over the counter cold medicine can provide great relief to those in the throws of coughing, sneezing, and congestion. However, there are often...
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Do You Have to Take a Breathalyzer Test When Pulled Over in Tennessee?
Know the consequences should you refuse to take a breath test when pulled over for suspected DUI Tennessee is an implied consent state. This means, if you are driving in the state, you have implicitly consented, and are thus required, to comply with a blood, breath, or urine test if...
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How Long Does It Take to Get a Divorce in Tennessee?
Divorce timelines vary depending on individual circumstances The divorce process may seem to be unending, but, in the state of Tennessee, most divorces will be finalized within 2 to 6 months. That being said, some divorce proceedings can span years. It all really depends on the individual circumstances. Is the...
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Drug Overdose Deaths Increase in Tennessee
Recent figures released show drug-related deaths in the state continue to climb. The Tennessee Department of Health (TDH) recently released data revealing that 1,631 Tennessee residents died from drug overdoses in 2016. This puts 2016 as having the highest number of fatal drug overdoses in the recorded history of the...
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How Do You Plan for a Divorce?
When careful planning is done, divorce can be made much easier. Divorce, no matter what the circumstances, will most likely be an emotional and stressful time for all parties involved. Additionally, things are decided in a divorce that will have a lasting impact on your personal and financial life. While...
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Challenges for Divorced Parents During the Holidays
The holidays can be especially stressful for divorced parents, both wanting time with the kids. For divorced parents, the holidays can have a whole other layer of stress. Who will have the kids for what days and times throughout the holiday season are big questions that need to be decided....
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Best Practices for Back to School Safety
It’s back to school time! Let’s do all we can to keep each other safe. The back to school time of year is upon us once again. It’s a great time to brush up on important safety lessons to make sure everyone is doing their part to stay safe and...
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Tennessee Among States with Highest Divorce Rates
The State of Tennessee continues to have one of the highest divorce rates in the country In 2016, Tennessee ranked sixth highest in divorce rate at 12.5% when compared to all other states in the U.S according to research conducted by the Center for Disease Control, National Survey of Family...
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Drugged Driving Becoming More Prevalent than Drunk Driving in Fatal Crashes
For the first time ever, more fatal crashes are involving drugs than alcohol A recent report issued by Governors Highway Safety Association and the Foundation for Advancing Alcohol responsibility shows that drivers killed in car crashes are statistically more likely to be on drugs than above the legal blood alcohol...
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Be Safe When Driving Next to Trucks
Driving next to a semi-truck can be one of the most dangerous places on the road With semi-trucks often weighing 20-30 times as much as a car, car drivers and passengers are extremely vulnerable in truck accidents. When a car is involved in an accident with a semi-truck, the results...
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If You Remarry or Live with Another Person in Tennessee : Do You Lose Your Right to Alimony?
Your continued receipt of alimony can be jeopardized by remarrying or cohabitation Alimony, or spousal support, is awarded to one spouse after a divorce to provide financial security. Sometimes alimony is awarded temporarily to help the spouse become financially independent by allowing them to go get further education or career...
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What to Do Before Telling Your Spouse You Want a Divorce
Protect yourself by getting things in order prior to talking about divorce with your partner In addition to being emotionally draining, divorce can put your assets and financial situation at risk. Make sure you are protecting yourself by taking care of certain things prior to telling your spouse that you...
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Are Men or Women More Likely to Be Involved in a Fatal Crash?
Gender may play a bigger role than you would expect in looking at the safety of drivers on the road A recent study, which used data from the National Highway Traffic Administration (NHTSA), found that male drivers are involved in over half of fatal crashes in the United States. The...
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Tennessee Personal Injury Attorney
Make sure you have an experienced personal injury attorney to navigate the complex legal path The facts, circumstances, and results from every accident are different. Because of this, no two personal injury cases are the same. The path to resolving a claim can be long and complicated. To help navigate...
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First Steps to Take After Being Arrested
Know how to prevent a bad situation from getting worse. No matter what the circumstances, being arrested is stressful, emotional, and brings every day life to a screeching halt. First, know that trying to avoid arrest by fleeing the scene will only make things worse. Do not make any attempt...
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Know your rights and keep a cool head at sobriety checkpoints
At DUI checkpoints, police officers set up to stop vehicles and check for impaired drivers. Tennessee uses these checkpoints. The locations are temporary and you can usually find out the locations of the checkpoints in advance. Check ahead of time to avoid these locations if possible. If you are already...
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College Freshman Found Dead After Night of Drinking
On January 20, 2017, the body of a young woman was found dead in her dorm room at Miami University in Ohio. Once a young and vibrant college freshman who said that she wanted to go to college forever, the woman’s life was quickly taken after engaging in what police...
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States with Medical Marijuana Laws Report Lower Traffic Fatality Rates
Could there be a connection between medical marijuana laws and lowered risk of traffic fatalities? It has often been asserted that the legalization of medical marijuana would threaten public health in ways such as increased roadway fatalities. Recently published research, however, proves the opposite. In a study conducted at Columbia...
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Is Threat of Ignition Interlock Device the Key to Curtailing Drunk Driving?
Researchers find drunk drivers are less likely to operate a vehicle if they face installment of an ignition interlock device upon DUI conviction. The use of ignition interlock devices for DUI offenders has been put in place in every state. 22 states mandate ignition interlock devices for first time DUI...
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Tennessee Lawmaker Seeks to Ban Decriminalization of Marijuana
Tennessee is the latest state to feel the struggle related to the decriminalization of marijuana with local, state and federal laws in conflict. A republican lawmaker has already filed a bill that would effectively repeal any city ordinances that provide for a lighter sentence for individuals convicted of possessing a...
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Murfreesboro Criminal Defense Lawyer Aggressively Fights Marijuana Possession Charges
Dedicated to creating a defense strategy that minimizes jail time and other penalties Cultural values surrounding marijuana use have changed significantly in recent decades. Many people use marijuana recreationally, and some even use it for relief from chronic illness. States like California and Vermont have laws allowing the use of...
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Tax Considerations of Dividing Property in Divorce
The property division aspect of divorce is one of the most contentious with both parties diligently trying to protect their own financial interests. In many situations, the parties attempt to have a settlement in which they both walk away with an equal amount of the value of the marital estate....
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When is the Best Time to File for Divorce?
When a spouse makes the difficult decision to get a divorce, he or she may want to immediately move forward. On the other hand, some spouses may want to wait for a better time. While there may not be one particular best time to get a divorce, there are some...
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Divorce After 50
Divorcing later in life poses certain challenges that are unique to individuals in this demographic. After potentially spending decades together, couples may not know they are as individuals anymore rather than part of a couple. Divorce after 50 often has severe financial consequences. The older a person is when he...
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How Social Media Can Harm Your Case
Social media sites have become standard accessories to almost every person in modern society. Most people have an account either for personal or business relationships, posting anything from advertising banners to hiring ads, personal photos to milestones. In fact, social media has become such a pivotal aspect in our culture,...
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What Happens to Debt in Divorce?
Understanding the complexity of dividing debt in divorce During divorce, the couple must split up not only assets that they have acquired since being married but also debts that they have incurred. Like with many aspects of family law, the couple may reach an agreement regarding how they want to...
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Medical Errors the Third Leading Cause of Death in the U.S.
New study highlights shortcomings in medical error reporting While many people would not be surprised to hear that heart disease and cancer are leading causes of death, many would be surprised to find out that one of the leading causes of death in the United States is completely preventable: medical...
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What to Do If Your Child Is the Victim of Bullying
Dealing with the tragedy of childhood bullying The seriousness of childhood bullying cannot be ignored or minimized. This devastating experience has serious consequences that affect many individuals, including victims, witnesses and bullies. Every year, more than 3.2 million students are victims of bullying. Bullying leads 160,000 teens to skip school...
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The Dangers of Drowsy Driving
Greater risks are on the road because of drowsy driving In a matter of seconds, lives can be forever altered. Victims of accidents involving drowsy driving know this all too well. While many studies have researched the effects of drunk driving and distracted driving, another serious danger is drowsy driving....
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What Happens to Pets When a Couple Divorces?
Know your rights and how to protect your pets if you and your partner split Tennessee has the eighth highest percentage of dog ownership in the U.S., with over 44% of households having at least one canine as a pet. This says nothing of the many other households that count...
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Murfreesboro Divorce Attorney
Answering your questions and addressing your concerns about divorce The dissolution of a marriage is never easy. No matter how long or short the relationship, the size of the family unit, or a lack thereof, breaking apart what was originally established under better terms is never easy. It can be...
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Murfreesboro Paternity Lawyer
Establishing paternity Unlike other states, fathers in Tennessee who are not married to the mother of their child at the time of birth do not have a presumption of parentage. Tennessee laws do not recognize either a legal or biological claim. Parental rights must be established in court. Without such...
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Tennessee Adoption Lawyer
Making a difference in the life of a child Every day, hundreds of needy and neglected children await the news they have long been dreaming of – they have been adopted by a loving family. It is, without question, one of the most noble and enriching decisions a potential parent...
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Paternity Fraud Rampant, With Justice Difficult To Find
It shouldn’t be this complicated. After all, biology is usually never wrong. The question of paternity, however, has become a legal quagmire filled with loopholes, gender bias, and perhaps the most disturbing element of all, incompetent representation, turning simple cases of parentage into examples of gross familial injustice. It is...
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Winter Weather Wreaks Havoc on Tennessee Roads, Putting Drivers at Risk
Winter Storm Jonas was one of the worst snow storms in recent history, dumping more than a foot of snow on many states across the east coast. States with the most snowfall included West Virginia, which got as much as 42 inches in parts, Virginia with 39 inches, Maryland and...
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More People Shot to Death in Tennessee Than Killed in Car Accidents
You might spend more time in a car than you do in dangerous situations or around people who have guns, but if you live in Tennessee, your chances of being shot to death are greater than your chances of dying in a car accident. A new report from the Centers...
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Documenting Your Accident Injury May Improve Your Chances of Collecting Compensation
Providing the right evidence can help your Murfreesboro personal injury lawyer build a stronger case Immediately after you get in an accident, you are likely to feel disoriented, overwhelmed, and even afraid. Your first thoughts are going to be about whether anyone is hurt and determining the extent of your...
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What are the Grounds for Divorce in TN?
In Tennessee, you don’t have to have grounds to get a divorce. If you and your spouse have both decided that it’s just not working out anymore and you’d be better off living separate lives, you can both sign the divorce papers and be free of one another. If, however,...
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Construction Workers at Risk for Injury During Cold Weather
The average temperature in Murfreesboro in January is just 36.8 degrees, and the average temperatures in February are only a few degrees higher. But daily temperatures can actually go much lower. For most of us, that means staying inside as much as possible or bundling up with a heavy jacket,...
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Trusted Murfreesboro Divorce Lawyer Provides Reliable Guidance on Minimizing the Impact of Divorce on Children
Minimizing the negative effect of divorce on children is our goal The end of a marriage is an emotionally, gut-wrenching experience during which the impact that it has on children can be ignored or not given as much attention as it deserves. Children rely upon the sense of security and...
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Parents Who Use Drugs and Their Parental Rights
Millions of parents in America use illegal drugs or abuse alcohol Illicit use or abuse of drugs ruins the lives of adults on a daily basis. Among adults aged 26 or older, 7.3 percent use illegal drugs and 5.6 percent smoke marijuana. Over 10 percent of Americans of parenting age...
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How Do I Enforce A Child Support Order in Tennessee?
Failure to pay or delinquent payment of child support obligations is a national epidemic The Social Security Act of 1935 requires states to have programs in place to provide child support. Tennessee has rigorous procedures to determine child support obligations, enforced by the Tennessee Department of Human Services. All too...
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Digital Communications Play A Surprising Role in Divorce and Divorce Proceedings
Facebook and other platforms are often at the heart of heated splits The digital age has presented us with countless ways to interact, share ideas and make connections with people around the globe. Social media platforms like Facebook draw millions of users, with billions of posts, tweets, likes and shares...
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Maximizing the Potential of Divorce Mediation May Save You Heartache and Money
Remember these key strategies when working toward collaborative resolutions Divorcing couples face an emotional roller coaster while traversing the legal process of dissolving the marriage. The constant battle to be heard and to prove your thoughts to be true can be exhausting. Fortunately, there are alternatives to lengthy court battles,...
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