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Tennessee General Law Blog

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What is the Difference Between State & Federal Crimes?

State and federal crimes might appear similar on the surface. However, there are several differences between the two that can significantly impact your case. At the Law Offices of Burch, Morrison, & Stewart, we have more than 20 years of experience defending clients. We deeply understand the differences between state...

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What is Mens Rea and What are the Types?

A person cannot be found guilty of a crime if there is no proof beyond a reasonable doubt that the person had the intent to commit the crime. The concept is known as “mens rea,” which is a Latin term that means “guilty mind.” In other words, you cannot be...

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Pushing for Decriminalization of Marijuana for the Economy

Scientists and medical experts praise many medical benefits of recreational marijuana, but many tend to overlook the potential economic benefits of legalizing marijuana in the United States. Many states that decriminalized marijuana have seen positive economic effects, such as: Increased tax revenues Job growth Investment opportunities All of these potential...

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Is CBD Oil Legal in Tennessee?

Nowadays, customers can purchase CBD oil products online or in retail stores. While many people use CBD products on a daily basis, the legality of CBD oil remains a debated topic. Some of you may wonder, “Is CBD oil legal in Tennessee?” The short answer is: It depends on the...

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New Tennessee Law May Make Protests Illegal

After more than two months of protests against police brutality, Tennessee Gov. Bill Lee signed a new law revising criminal laws surrounding protest-related offenses and making it illegal to camp on state property. Protesters who get arrested for illegal camping on state property will now face a felony punishable by...

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COVID-19 Families Required to Quarantine for a Month

Tennesseans are required to isolate themselves for nearly a month if someone in their household tests positive for COVID-19. The announcement was made by the state’s Department of Health in late August, according to NewsChannel 9. If someone you live with tests positive for coronavirus in Tennessee, you are required...

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Anti-Protesting Bill Passes in TN

A controversial new law in our state targets protesters. If you have been impacted and are facing criminal charges, call our experienced law firm today. Protesting is a fundamental right that is protected by the First Amendment to the U.S. Constitution and has been recognized over the ages as one...

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In Tennessee, You Can Lose Voting Rights if Arrested at a Protest

A felony conviction will result in loss of voting privileges. After a new law in Tennessee goes into effect, protesting might fall into that category. The right to protest is fundamental. It is protected by the First Amendment to the U.S. Constitution (the right to assemble), and history has shown...

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Family Intends to Sue Care Center for Patient Neglect

Will Tennessee’s new law bar nursing home neglect lawsuits? Talk to an attorney to learn more. Losing a loved one is always an emotional and trying experience, and one that can be even more heartbreaking if there is belief that the death could have been prevented. That is exactly what...

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Wear a Mask, Carry a Gun, No Problem

Do not worry — you will not get arrested if you are legally carrying a gun and wearing a mask in our state. While wearing a mask is not only common but required for entry in most parts of the state right now, wearing a mask indoors may initially trigger...

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It is Possible to Earn Rewards When You Do Not Drive Distracted

New Phone App Can Make Roads Safer, but Will it Come to Tennessee? Distracted driving is a serious danger on Tennessee’s roads. According to statistics, about 3,000 people are killed each year by distracted drivers. Hundreds of thousands of other motorists are injured and can incur high medical bills, to...

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Domestic Abuse Rising Amid the Coronavirus Pandemic

For domestic violence victims, being trapped at home with their abusers during the stay-at-home order may be worse than the prospect of becoming infected with the coronavirus. What is worse is that courts across the country have substantially reduced the number of restraining orders they are processing during the COVID-19...

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

Expect Some Tough Love from the State if You Do Not Pay Up 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...

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Could Homeschooling be the Best Option During the COVID-19 Pandemic?

Parents Have Many Options for Taking Control of Their Children’s Education The coronavirus pandemic continues to rage, and many people are worried about the upcoming school year. Many health experts assume that schools will be a primary vector for spreading the disease, and children could infect many of their elderly...

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Tennessee Expands “Slow Poke” Law

Slow Drivers Should Stay to the Right on Multi-Lane Highways 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...

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Is it Right to Base Care on Expected Longevity?

Pandemics Force Doctors to Make Difficult Decisions When hospital resources are stretched too thin, doctors and hospital administrators face the dilemma of who should receive life-saving care. This issue has been front and center in Tennessee lately thanks to the novel coronavirus, which has swept through the population and continues...

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How Tennessee Defines the Difference Between Manslaughter and Murder

Criminal Intent and Tennessee’s Murder Laws 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,...

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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. Here is everything you need to know about the COVID-19 Essential...

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Could Exposure to COVID-19 Affect Child Custody?

Many front-line and essential workers who provide critical services during the coronavirus crisis are divorced parents who share custody and parenting time with their former spouse. Those people on the front lines of the battle against the pandemic are doctors, physicians, nurses, and other healthcare providers who are exposed to...

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What is Parental Alienation?

Family law courts in Tennessee presume that children benefit most from the presence of both parents in their lives. While many parents agree with that idea even after divorce, some parents attempt to alienate their kids from their ex-spouse. The Definition of Parental Alienation in Tennessee If you ask a...

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New ‘Red Flag’ Law Could Affect Gun Control

A new “red flag” law in Tennessee would allow the temporary removal of guns from at-risk individuals. The bill is sponsored by Sen. Sara Kyle, D-Memphis. The legislation would allow residents to petition Tennessee courts to temporarily remove firearms from relatives who pose a threat to themselves or other people,...

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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.” In the memo to federal law enforcement...

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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. For many divorced parents in Tennessee, the coronavirus...

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Should DNA Testing be Allowed Post-Conviction?

If new evidence would have changed a criminal trial’s outcome, it may be grounds for successful appeal. The same thing is true of juror misconduct and other issues. The curious case of Sedley Allen has some people asking about the place of DNA tests in closed criminal cases. In 2006,...

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Is the Juvenile Criminal System Broken?

The current Tennessee juvenile justice system seems to struggle with violent offenders, but what is the best solution to this problem? Overall, juvenile crime has gone down over the past decade. But serious crimes have increased, prompting some people to claim that the system needs serious reform. The violent crime...

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How Young is Too Young to Leave a Child at Home in TN?

Before leaving your children at home alone in Tennessee, it is important that you understand the regulations and take time to evaluate your children’s capabilities. Whether you are just planning to run out to the market quickly or need to be gone for several hours, the decision to leave your...

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How to Handle Child Custody During Stay-at-Home Orders

The COVID-19 pandemic and the resulting stay-at-home orders aimed at minimizing the spread of the virus have caused confusion among divorced parents. What is worse is that many parents began disobeying their child custody orders and failing to return their child to the other parent out of fear of contracting...

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How Can Divorce Affect Taxes?

Divorce can impact many areas of your life and finances, including your taxes. You need advice from an experienced Manchester, TN divorce attorney. When people are going through a divorce, they are primarily thinking about child custody and support, property division, and spousal support. Many people do not think about...

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FAQs About Traveling with CBD Oil

Traveling with CBD oil products, even on domestic flights, is generally legal in Tennessee. However, there are some things to keep in mind. Cannabidiol, which is the part of a marijuana plant that contains little or no THC, is widely available in Tennessee. Advocates claim that CBD oil effectively treats...

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Top Five Signs Your Child is a Victim of Cyberbullying

Behavioral changes, and physical changes as well, are some common indications of cyberbullying. This problem is quite common among children. 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...

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

Cheating Spouses Might Pay in More Than One Way Once upon a time, a couple could only get divorced if one of them proved the other was at fault. There are many grounds for fault, including adultery. Today, most couples divorce by claiming irreconcilable differences. However, an extramarital affair can...

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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...

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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. Under T.C.A. § 36-4-106, divorcing spouses are prohibited from making “disparaging remarks” about each other...

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Terms to Know Beforehand During a Divorce Settlement

There are many terms used during the divorce process, but what do they mean? 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...

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Signs of Reckless Drivers

Reckless driving kills thousands of people every year. Knowing how to spot the signs of this dangerous behavior can help all drivers avoid these fatal accidents. Reckless driving is one of the most dangerous driving behaviors in which a person can engage. It kills thousands of people every year. Even...

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Are Pedestrians Ever to Blame in an Auto Accident?

There are many misconceptions about who is to blame after a pedestrian accident. Both the driver and the pedestrian can carry blame. 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...

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Defining Theft, Burglary, and Robbery

The terms ‘theft,’ ‘burglary,’ and ‘robbery’ are often used interchangeably, but they are not all the same thing. If you have been charged with a crime, reach out to our criminal defense lawyers serving Manchester, TN today. If you are charged with a crime in Manchester, TN, it is important...

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Could the Medicinal Marijuana Bill Return in 2020 in TN?

The Medicinal marijuana bill is postponed for now, but what does that mean? 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...

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Is Divorce Different for Those Enlisted in the Army?

If you or your spouse is a member of the army and you are seeking a divorce, it is important that you know which rules and regulations apply. Call our law firm for help specific to your case. If you or your spouse is enlisted in the United States Army,...

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Do Not Talk About an Accident on Social Media

In the aftermath of an accident resulting in personal injuries, posts you make on social media can end up hurting your case. 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...

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Can Cheating Affect Alimony Payments?

Engaging in extramarital affairs can impact alimony rights in Tennessee divorce cases. There are a variety of reasons that married couples file for divorce. One of the most common is when one of the parties cheats and gets involved in a relationship outside the marriage. This type of behavior is...

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What Constitutes a Wrongful Death?

Losing someone you love is devastating, but it can be even more tragic when your loved one dies due to someone else’s negligence. This is a death that could have been prevented. Tennessee law allows the family of the deceased to bring what is known as a wrongful death claim...

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How Would an Attorney Benefit Your Divorce?

Divorce is one of the most stressful and emotional events that many people will ever experience. That makes it hard to be objective and work toward a peaceful resolution. Some people prefer to tackle their Tennessee divorce on their own, but this is not necessarily recommended — especially if it...

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Why Insurance Companies Hire Personal Investigators

Insurance companies hire investigators to review every aspect of your claim in the hopes of being able to deny, downplay, or dispute coverage. When you suffer personal injuries and/or property damages as the result of an unexpected accident or mishap, insurance can help offset your expenses. However, it is important...

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Divorcing an Addict can be a Challenge

Drug addiction wreaks havoc in the lives of users and the people who love them. If you are the spouse of an addict, odds are you have endured numerous lies and acts of deception over the previous months or years in your marriage. Your partner’s addiction has likely created financial...

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May is Motorcycle Awareness Month

Motorcyclists are at a higher risk of being involved in a fatal crash than are other motorists. May is motorcycle awareness month; whether you are a rider or a driver, do your part to stay safe and reduce accidents. While drivers should be aware of motorcyclists on the road every...

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Can a DUI Charge Impact My Divorce?

If you have been charged with a crime, it is important to know that criminal charges could impact your civil divorce case. Call a skilled family law attorney to learn more. If you are getting a divorce in Manchester, Tennessee, you may not be thinking about how a DUI charge...

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What Happens if You are Caught with THC Oil in Tennessee?

The laws surrounding CBD oils with THC are complex in Tennessee. If you are arrested for possession, you need a skilled Manchester criminal defense attorney to help. The laws regarding marijuana usage are changing throughout the country, with more states now allowing the sale of CBD oils. Typically, these oils...

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Distracted Driving and Pedestrian Accidents

Pedestrian deaths are on the rise across the country, thanks in part to heavier vehicles and less attentive drivers. Pedestrian deaths have hit a 28-year-high across the nation, with more than 6,200 people killed on roads in the United States in 2018. In comparison, 4,100 pedestrians were killed across the...

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

The amount of time it takes to resolve personal injury claims depends on how the accident occurred, who was at fault, and the extent of the injuries you suffered. Accidents happen unexpectedly and can end up leaving you with serious injuries. These may leave you unable to work or to...

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Can a Domestic Violence Charge Affect My Custody Order?

A conviction for domestic violence can have major impacts on your rights as a parent in Manchester family court cases. If you are a divorced parent or one who is unmarried and no longer on good terms with your former partner, you may have had to go through family court...

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In a Divorce, are Assets Split 50-50?

In Tennessee, marital property is divided on an equitable, though not necessarily even, basis. 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...

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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...

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Hidden Assets in Divorce

Hiding assets is a common tactic spouses employ to get more than their share in divorce settlements. 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...

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Divorce and the New Year

A new year leads to new life resolutions, which may include making the difficult decision to end your marriage. Going through the breakup of a marriage is often a long and arduous process. You may have tried to work things out only to find that the relationship is irretrievably broken....

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What are the Main Causes of Truck Accidents?

Unfortunately truck accidents are common in Tennessee, our Manchester personal injury attorneys want you to be aware of the potential risks. 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...

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How Will a Second DUI Affect My Record?

A second DUI offense is serious 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. With some of the toughest drunk driving...

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What Happens to My Personal Injury Settlement if I Get Divorced?

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...

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

Having a police report plays a key role in seeking compensation for slip and fall injuries. 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...

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Why Is it Good to Get Photos after an Accident?

Photos are an Important Evidence Type During the Claim Process If you have been involved in an accident of any type, taking photos of the accident and your injuries may not be the first thing on your mind. But taking photos after an accident is absolutely crucial, and could greatly...

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Take these Steps after an Accident

An accident that leaves you seriously injured can happen when you are least expecting it, resulting in physical and psychological injuries, financial losses, and questions about the future. While nothing may prepare you for an accident, knowing what steps to take after the accident can offer some peace of mind....

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Is There a Texting While Driving Law in Tennessee?

Know the Law and Your Rights if You are in an Accident that Involves Texting While Driving Texting while driving is an incredibly dangerous behavior, and one that is associated with an increase in car accidents and car accident-related injuries and deaths. The National Highway Traffic Safety Administration (NHTSA) reports...

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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. Meeting with a lawyer and discussing the possibility...

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Why More Couples are Getting Prenups Now 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. Part of the...

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Not every homicide, or killing of a human being, is a crime

Being accused of being involved in a homicide can understandably be unnerving. However, a common misconception is that every homicide is a crime. A homicide is essentially the killing of a human being. Many homicides, including manslaughter and murder, do violate laws. However, other homicides, such as killing someone in...

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Why mediating a divorce might be your best option

The thought of having to go through the divorce process may be mentally and emotionally overwhelming. However, not every divorce proceeding has to feel like a battle. Divorce mediation offers an alternative process to traditional divorce litigation in Tennessee. By mediating a divorce, you can handle matters such as property...

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Rate of opioid car accidents rapidly increasing

Safety advocates and law enforcement continue to impress on the public the dangers of drinking and driving. The effects of alcohol on the body and mind make it difficult to safely operate a motor vehicle, and accidents involving drunk drivers typically result in horrific injuries. Lately, however, those same opponents...

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Fighting back against allegations of white collar crimes

White-collar crimes are non-violent crimes associated with unlawfully taking information or money or employing other illegal means for the purpose of financial gain. This term describes a wide range of illegal activities most often committed by financial experts and government officials, usually involving deceit, fraud and more. If you are...

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How technology plays its part in your divorce

On your social media page, you may linger over funny kitten videos and cute pictures of your friends’ children. Occasionally, you may also find yourself stopping to read a juicy rant someone has posted about a friend, co-worker or family member. You may even reply to this post to offer...

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After A Car Accident: Communicating With Your Insurance Company

Every year, thousands of drivers and passengers throughout Tennessee are involved in motor vehicle accidents. When it comes to car accidents, an individual’s entire life can literally change in an instant and for those who emerge suffering painful and debilitating injuries; the physical, emotional and financial toll can be significant....

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