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Chattanooga Criminal Defense and Family Law Blog

Divorce changes insurance coverage

Ending a marriage can lead to disputes over issues such as property division and spousal support. But many routine but important financial matters may be overlooked after the divorce is finalized. Health and life insurance coverage and needs, for example, may change.

Usually, one spouse receive health insurance coverage under the other higher-earner spouse's insurance plan with their employer. Since 1986, federal COBRA insurance coverage was available to assist non-income-earning spouses. COBRA allows them to continue health coverage under their former spouse's employer plan for up to three years. COBRA, however, is expensive for the spouse who pays the premiums. These are typically the employee and employer's share and an additional 2 percent. It is also a comparatively short-term solution.

Scheduling important when going through divorce

When a major life event takes place, an ideal situation would allow you to give all of your time and attention to it. Unfortunately, that is typically not how life works, as other matters continue on around you along with the major event. In particular, you may have to continue managing your work life while also going through a divorce.

Having such a major change taking place can easily cause a person to feel emotional and overwhelmed by the obligations that one must address. Because the outcomes of divorce are immensely important, you may feel that you need to give all of your attention to that particular part of your life. However, it may work in your interests to instead create a balance between focusing on your divorce and on your work.

Legal help when alleged drug charges are issued

The Law Office of Sam Byrd represents individuals who have been charged with drug crimes. The defense of these serious legal matters is an important component of protecting a person's future and ensuring that their rights are not violated as they work to overcome their legal troubles. Representation from a committed legal professional can provide people defending themselves against drug charges in Tennessee with confidence, knowledge, and support.

Alleged drug crimes can affect a person's educational and professional aspirations. When drug crimes are prosecuted and individuals are convicted, their criminal records may reflect the problems they have encountered with the law. These inclusions on their records may prevent them from advancing into jobs that they want or attaining professional training to better their lives.

Different payment structures may serve different alimony needs

Most people understand alimony, also called spousal support, to involve the monthly payment of money from one person to their former spouse. Depending upon factors that are relevant to their marriage and post-divorce lives, the parties to the alimony arrangement may be bound by that obligation for many years. However, in Tennessee and other jurisdictions, alimony awards can take on forms other than periodic payments.

For example, it may serve the interests of the parties to a divorce to fulfill the alimony requirement in a lump sum payment. A lump sum payment is made one time and includes all of the financial support that the paying spouse must provide for to their ex. Once the lump sum payment is made the alimony obligation is considered fulfilled and the parties are no longer bound to each other through that legal connection.

What defenses may apply to a drunk driving case?

Drunk driving charges are difficult legal problems and Tennessee residents who face them should take their defense seriously. While some may not recognize that defenses do exist to drunk driving charges, others may struggle to articulate just how the facts and circumstances of their drunk driving arrests should be presented to make their defenses apparent. Attorneys who provide DUI and drunk driving defense support can aid these individuals in their trial preparations.

Many of the defenses that support drunk driving defendants are based on problems that occurred during their arrests, during the collection of alleged evidence in their cases, or during the assessment of alleged evidence after it had been collected. For example, a driver who is subjected to field sobriety tests by a law enforcement officer who is not trained to administer them may have a defense based on that officer's deficiencies and mistakes made during the process of testing.

Alimony may be structured to meet different post-divorce needs

Spousal support, sometimes called alimony, is financial support that a person pays to their ex-spouse once their marriage is over. The laws of Tennessee allow for four specific types of alimony to be agreed upon or ordered, and this post will briefly address each one. Specific questions about alimony and what type may be ordered in a particular divorce should be discussed with readers' individual divorce attorneys.

In Tennessee permanent alimony is called alimony in future. It is paid periodically over a long period of time and is available to individuals who will not likely have the option of becoming self-sufficient. When a person may be able to become self-sufficient but requires training or education in order to become job-ready, they may be ordered to receive rehabilitative alimony.

How is theft defined under Tennessee law?

Theft is a serious crime in the state of Tennessee. In fact, a person arrested and convicted on a theft charge may be forced to spend time in jail and to pay fines for their alleged actions. While most readers of this criminal defense legal blog likely know that a theft involves taking another person's property, the action definition and requirements of a theft under Tennessee law may be unknown to them.

Pursuant to the Tennessee Code on Criminal Offenses, a theft occurs when several conditions are met. First, the alleged thief must have the intent to deprive another person of their property. In other words, a person cannot accidentally take someone's property thinking that it is theirs because such a taking is a mistake and lacks the intent to deprive the other party.

Death, divorce, and other grounds for grandparent visitation

As the dynamics and structures of Tennessee families change, it can be hard for non-immediate members to stay connected and close to each other. This may be especially true if hostilities or conflict force certain individuals to end their relationships and alienation occurs between the two sides of a child's family. When two parents divorce or end their relationship it can be hard on their kids to stay close to their aunts, uncles, cousins, and grandparents.

Grandparents, though, can seek visitation time with their grandchildren in Tennessee. The circumstances under which this can happen are narrow, and this post will briefly address them. Divorce or the end of a relationship can give grandparents the right to seek visitation time with their grandchildren.

How could bail apply to your criminal case?

Because no arrest is the same, your situation differs from all others. Whatever the reason a police officer believed you violated the law, you faced the possibility of receiving a ticket and court date and going on your way or the potential of the officer taking you to jail. In your case, you, unfortunately, went to the big house.

On the bright side, the court may decide to set a bail that would allow you to leave jail after you or someone else pays the bail amount. Of course, just as every arrest is different, bail and the possibility of bail also differ for each case.

Claims of domestic violence may impact parental rights

Last week this Tennessee family law blog discussed the important topic of orders of protection and how they may be issued by the courts. Generally, an order of protection may be issued if a court finds that a person is the victim of alleged domestic violence and is in need of support to avoid continuing problems with their alleged aggressor. However, last week's post also noted that not every order of protection that is issued is based off of good information and that issues can arise for individuals who have been wrongfully identified as domestic violence aggressors.

For example, if a person is subject to restrictions based on an order of protection, they may be limited in how they may interact with their children. They may be prohibited from spending alone time with their kids, or if the allegations against them are very serious, they may be prohibited from having any contact with them at all. Even if the allegations on which the protective order is based are faulty, a parent may still have their rights curtailed when it comes to their kids.

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Law Office of Sam Byrd
3828 Dayton Blvd
Chattanooga, TN 37415

Phone: 423-954-7949
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NCDD National College for DUI Defense: Samuel A Byrd