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Tennessee General Law Blog

What Happens if You Fail to Pay Child Support in Tennessee?

On behalf of The Law Offices of Eric J. Burch, P.C. posted in Divorce on Monday, September 28, 2020.

Paying child support is not optional in Tennessee. If a child support order is entered, then you must pay every month. In most situations, parents will have an Income Withholding Order put in place, which will deduct the amount owed from the parent’s paycheck.

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Tennessee Expands “Slow Poke” Law

On behalf of The Law Offices of Eric J. Burch, P.C. posted in Motor Vehicle Accidents on Monday, August 10, 2020.

On July 1, 2020, Tennessee’s expansion of its “slow poke” law went into effect. This law was designed to speed up traffic on multi-lane highways, and the expansion furthers that purpose by extending the law to cover more of the state’s roadways.

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How Tennessee Defines the Difference Between Manslaughter and Murder?

On behalf of The Law Offices of Eric J. Burch, P.C. posted in Blog on Tuesday, July 14, 2020.

Killing another person is a crime in Tennessee. However, the law distinguishes between different types of killing, with murder being the most serious and manslaughter being a lesser offense. However, a conviction for murder or manslaughter could lead to decades or more behind bars, so meeting with a Manchester criminal defense attorney is vital to protecting your rights.

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How Can an Extramarital Affair Affect a Divorce Case in Tennessee?

On behalf of The Law Offices of Eric J. Burch, P.C. posted in Divorce on Wednesday, July 1, 2020.

Today, most couples divorce by claiming irreconcilable differences. However, an extramarital affair can still play a role in a divorce. Whether or not you should raise this issue, however, depends on the circumstances and what you hope to accomplish.

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Tennessee Provides Free Childcare During the Pandemic: Find Out Who is Eligible

The Tennessee Department of Health Services is providing free access to childcare during the COVID-19 pandemic. The program, created during the State of Emergency, is a partnership between the Department, YMCA, and the Boys & Girls Clubs in Tennessee.

Spreading COVID-19 Now Comes with a Terrorist Charge

Those who purposefully spread COVID-19 could be charged with terrorism. According to CNN citing a Justice Department memorandum, individuals who intentionally spread the coronavirus disease (e.g., by coughing on other people) could face terrorism charges for the “purposeful exposure and infection of others.”

Is Child Custody Affected by the COVID-19 Outbreak?

The COVID-19 outbreak has affected the life of every parent in Tennessee. With the state’s stay-at-home order in effect and statewide school closures aimed at preventing the spread of coronavirus in schools, parents are struggling to find ways to entertain their children.

Is it Illegal in Tennessee to Badmouth Your Spouse to Coworkers During a Divorce?

While it may seem that you can say whatever you want about your soon-to-be-ex-spouse to anyone, including his/her or your coworkers or employer, when your divorce case is pending, the law in Tennessee thinks otherwise.

Should DNA Testing be Allowed Post-Conviction?

In 2006, Sedley was executed for the rape and murder of a 19-year-old Marine officer, whose body was found near a base. Barry Scheck and the Innocence Project recently filed a petition on behalf of Allen’s daughter, April, seeking to reverse that conviction.

Should a Sexual Assault Victim be Allowed to Use Deadly Force in TN?

Under current Tennessee law, a person is not justified in using deadly force in self-defense to deter sexual assault and rape. Instead, for a victim of sexual assault to prove that the use of deadly force was “necessary,” he or she must demonstrate a fear of serious bodily injury or death.

Top Five Signs Your Child is a Victim of Cyberbullying

If your child has regular access to a smartphone or other device, there is a good chance your child has been cyberbullied. Approximately half of children admit they have been victimized. That proportion is probably greatly understated, as many children go to great lengths to conceal bullying.

Terms to Know Beforehand During a Divorce Settlement

When a couple is getting divorced in Tennessee, they typically do not know what to expect. Many people who choose to get a divorce have never gone through the process before. As such, they do not know what to expect, and do not understand many of the terms they come across once divorce proceedings begin.

Could the Medicinal Marijuana Bill Return in 2020 in TN?

Many legislators have been trying to push marijuana reform in Tennessee for years. Just last year, it looked as though a bill allowing medical marijuana was about to be passed, before it was struck down in its final moments. In April of this year, lawmakers once again stopped all efforts of legalizing marijuana in any capacity until at least 2020.

Are Pedestrians Ever to Blame in an Auto Accident?

Pedestrian accidents are some of the worst seen on Manchester’s roads. Pedestrians are simply no match for a vehicle, and it does not even matter how fast the vehicle is traveling. Without protection, pedestrians are completely exposed and likely to sustain serious injuries when they are involved in a crash with a car.

Defining Theft, Burglary, and Robbery

If you are charged with a crime in Manchester, TN, it is important that you know the details of the charges against you, including specifically what you are being charged with, what the prosecution will need to prove in order to secure a conviction, and what penalties you may face.

Is Divorce Different for Those Enlisted in the Army?

If you or your spouse is enlisted in the United States Army, then the process of filing for divorce, responding to a divorce petition, and finalizing the divorce may be different than it is for civilians who live in Manchester and surrounding areas of Tennessee.

Do Not Talk About an Accident on Social Media

For many people, social media is a regular part of daily life. They check their accounts first thing in the morning and post status updates, pictures, or videos throughout the day. While it can provide a way for you to stay in touch with friends or family and to keep them informed about your life and activities, posting your private business online can work against you in a variety of ways.

Visiting Tennessee with a Medical Marijuana Card? Here is What You Need to Know

As the stigma surrounding marijuana continues to soften, medical marijuana users are sometimes left in limbo as confusing laws leave them open to the potential risk of criminal charges.

May is Motorcycle Awareness Month

While drivers should be aware of motorcyclists on the road every single day of the year, there is only one month devoted to motorcycle awareness: May. This month, whether you are a motorcyclist or a driver, it is a smart time to familiarize yourself with best practices for navigating the roads safely.

How Long Does it Take to Settle a Personal Injury Case in Tennessee?

Accidents happen unexpectedly and can end up leaving you with serious injuries. These may leave you unable to work or to engage in your usual activities, while resulting in a mountain of medical expenses and the need for ongoing care.

Can a Domestic Violence Charge Affect My Custody Order?

Regardless of the reasons for the breakup of your marriage or whether you and your spouse agree to the terms, there are still important issues that must be resolved before a final divorce order can be issued in your case.

Do Step Parents Ever Have Rights in a Divorce?

While the function of a family has always been to love and support one another, the form has changed over the past few decades. With the high number of divorced or single parents and the high rate of remarriage, step parents often play a significant and meaningful role in today’s homes.

Hidden Assets in Divorce

In addition to the many emotional aspects of filing for a divorce, there is also the harmful effect it can have on your finances. Getting the maximum amount of any marital property and assets you are entitled to in your divorce settlement is crucial to your recovery and in building a new life, which is why having a thorough inventory of these assets is so important in your divorce case.

How Will a Second DUI Affect My Record?

Charges related to driving under the influence (DUI) are a serious matter in Tennessee. Drunk driving presents a danger to others on the road, and law enforcement officials are aggressive in apprehending and pressing charges against suspects.

What are the Main Causes of Truck Accidents?

With our close proximity to several major interstates and highways, it is not uncommon for truck traffic to be heavy through Manchester. While people depend on semi trucks, tractor trailers, and other big rigs for jobs and to supply much needed products to the area, the greater the number of these vehicles on the road, the more likely it is that truck accidents will occur.

What Happens to My Injury Settlement in Divorce?

When going through a divorce, one of the major points couples often argue over is how to divide property and assets. This can prove particularly challenging if one of the spouses received a personal injury settlement. These settlements are meant to compensate you for both your current and future expenses

Do I Need a Police Report in a Slip and Fall Accident?

When a slip and fall accident occurs, it is common for victims to be embarrassed and attempt to shrug off the incident and any pain or suffering they experience as a result. Unfortunately, the fact is that these injuries can end up requiring ongoing medical care and may result in permanent disabilities.

How Long do I Have to File a Personal Injury Claim in Tennessee?

Life can change dramatically following a serious injury. As you manage recovering from your injuries, dealing with insurance companies, organizing medical bills, and figuring out how to support yourself as you struggle with lost income, you may have time for little else.

More Couples are Getting Prenups Than Ever Before

First comes love, then comes marriage. Or so the saying goes. When it comes to millennials, however, there may be something that comes between the two. More and more people are choosing to get a prenup before tying the knot, and there are plenty of reasons why.

Is it Ever a Good Idea to Refuse a Test if You are Pulled Over for DUI?

If you get pulled over in Tennessee for driving under the influence (DUI) and the officer asks you to take a test to prove how much you have had to drink, what should you do? That is a question that many people ask. Do you have to submit yourself to a breath, urine, or blood test? What happens if you refuse to take the test?