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Chattanooga Criminal Defense and Family Law Blog

Dividing marital property in Tennessee

The property that the partners to a Tennessee marriage share may be subject to division in the event that the partners decide to end their marriage in divorce. Marital property may be distributed to divorcing parties by agreement or by the ruling of their family law court. Martial property can take on many forms, from real estate and parcels of land to investments, accounts, and other items of personal property.

Tennessee follows the principals of equitable distribution when it comes to dividing up marital property. That means that a court will look at many factors to decide how to fairly assign property to the two parties who have decided to divorce. During the equitable distribution of marital property, it is important that parties remember that their property will be divided fairly, and not necessarily equally.

What penalties can a driver face if they have DUI convictions?

It is in no one's interests to rack up DUI convictions in Tennessee. Therefore, a person can benefit from fighting their first DUI charge with the help of a zealous legal advocate who is committed to the protection of their client's rights. Fighting charges can prevent convictions from building up on a driver's records and subjecting them to serious penalties for amassing multiple DUI convictions.

In Tennessee a person who has had four or more drunk driving convictions may be charged with a Class E felony. That means that they can be sentenced to at least a year in jail with the possibility of a longer period of incarceration. Additionally, they can be forced to pay a fine of up to $15,000 and have their license revoked for up to 8 years.

Important records to keep to avoid support payment disputes

When a Tennessee couple ends its marriage in divorce one of the parties may be required to provide the other with spousal support, also known as alimony. The party that receives primary physical custody of their couple's kids may also be entitled to receive child support so that they are not solely responsible for meeting their children's financial needs. Therefore, when a divorce is finalized a person may discover that they are bound to pay both spousal and child support for the care and benefit of their former spouse and kids.

Both forms of support are important to make sure that individuals have enough money to live and to prevent kids from being financially disadvantaged by their parents' relationship changes. Therefore, the complete and timely payment of support is necessary to ensure that all parties to a post-divorce relationship are provided with the funding they need to move their lives forward.

Drug-impaired accidents more common than alcohol crashes

The methods for testing whether a driver is impaired by alcohol have changed little over the last few decades other than through improvements in technology. Researchers have studied the ways the typical person's body reacts to alcohol and applied that knowledge to the development of tests to determine how much alcohol is safe to consume before driving. The fact is that it takes very little alcohol to impair your ability to drive safely.

More urgently, safety advocates and law enforcement are dealing with a sharp increase in drugged driving. In fact, data from 2017 show that nearly half of drivers who die in accidents test positive for some kind of drug. Nonetheless, if you face charges of driving under the influence of drugs, the evidence against you may be unreliable.

Taking on pending drug charges in the New Year

For some, the beginning of a new calendar year marks an opportunity to wipe the slate clean and to start over without any negative carryover. It is in this spirit that some choose to draft resolutions and goals for themselves to reach as they aim to better themselves in the coming months. While planning for change in the New Year is not for everyone, those who are facing criminal charges and other legal troubles can often benefit from doing as much preparing as possible.

Particularly when a person is facing criminal charges, such as those related to the commission of alleged drug crimes, they can benefit from getting fast and strong legal help. The preparation of a defense based on a person's alleged possession, sale, or distribution of a drug cannot be created without the facts and circumstances that were present when the person's alleged crime occurred.

What is an order of protection in domestic violence cases?

When a court issues an order regarding the outcome of a legal matter, the parties who were part of the underlying legal matter may be bound to certain actions through the judgment of the court. For example, when two Tennessee parents go through a child custody hearing, they will be bound to the court's order regarding their shared time with their children. Similarly, when a party asks for an order of protection against someone they have accused of domestic violence, the accused party may be restricted in their actions and activities if an order is issued.

An order of protection is intended to protect a domestic violence victim from harm from their alleged accuser, but unfortunately they are sometimes issued based on wrongful information. When an order of protection is in place the affected individual may not be able to contact their spouse or kids, may be prevented from visiting their home and may be forced to endure other limitations on their activities.

A child's unique needs are considered during custody hearings

It is not uncommon for Tennessee parents to want to provide their kids with better lives than they had when they were growing up. For some, that can mean giving their children the stable home that they did not have as youths. However, making a child the center of a parent's focus can be hard when they have to share the child with their ex. When establishing a child custody plan, parents and courts have to look at how best to serve the unique needs of a child.

Many different considerations must be made when children are the focus of family law proceedings for the establishment of child custody matters. From basic considerations like the child's age to more complex matters such as special health needs that they may have, how a court can and should settle the physical and legal custody of a child will vary from case to case.

When are ignition interlock devices ordered?

Most Tennessee drivers have heard of breathalyzer tests. A breathalyzer test is an assessment undertaken by a law enforcement official upon a person that they believe was driving while under the influence of alcohol. In order to perform the test the suspected drunk driver must blow into a tube so that the alcohol content of their breath may be analyzed.

Similar to breathalyzer tests are ignition interlock devices. An IID is a device that a person must install in their vehicle if ordered by a court. When an IID is properly in place a person cannot turn their vehicle on until they blow an alcohol-free breath into the device's system.

Proactive steps for addressing child custody proceedings

You may never have expected to one day go through a divorce. Nonetheless, here you are, and you have a multitude of worries on your mind as you think about the marriage dissolution process ahead. In particular, you likely have significant concerns over the possible child custody outcomes.

No matter the type of custody arrangement you hope to achieve, it is important that you do your part to present yourself well to the court. The manner in which you approach your case could make a great deal of difference in the outcomes of your particular situation.

End of year considerations as you work on your divorce

The end of the year is a time when many people start making plans for the next calendar year. While resolutions and goals may be popular with some Tennessee residents, making good choices and setting themselves up for happiness make take priority for others. For others, ending relationships and moving forward may be at the forefront of their desires.

Men and women who are working to end their marriages through divorce should be aware that, come January, certain aspects of their divorce settlements may change from what they could be if their settlements happen this year. In particular, alimony payments will no longer be tax deductible to payers after December 31 and alimony recipients will not have to pay taxes on what they receive in payments from their exes.

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Chattanooga, TN 37415

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NCDD National College for DUI Defense: Samuel A Byrd