Divorce: What To Expect

 

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Many clients who come to us for advice during a divorce are going through it for the first time and have many questions. Although the process can be very complicated, knowing the basic information can help put a client at ease during a stressful time.

  Divorce can be a difficult situation for every party involved. It is the legal undoing of two people's assets, liabilities, and everything in between that make up the fabric of their lives. Knowing what to expect and being prepared for the inevitable changes are important when you are going through a divorce.

  The first decision to be made is whether the divorce will be contested or uncontested. If you can come to a full agreement, the divorce is uncontested and the process is more simple. If you cannot come to a full agreement, the divorce is contested and requires negotiation, mediation, and, in some cases, a trial.

  In an uncontested divorce, the parties, or their attorneys, complete the necessary paperwork and file with the Court. If children are involved, parents must take a parenting class and file the certificate of completion with the Court.

  In a contested divorce, one party will begin the process by filing a complaint for divorce. The other party will then file their answer to that complaint and, possibly, a counter-complaint. The parties or their attorneys will then enter the negotiation phase. If negotiation is unsuccessful, the parties must attend mediation with a third party. In most cases, an agreement is able to be reached in either of these two phases. In some cases, mediation is not successful and the parties must have a trial to allow a judge to decide the issues, which can be a lengthy process.

  In Tennessee, the mandatory waiting period for a divorce from the time of filing is 60 days if the parties have no minor children and 90 days if the parties have minor children. This means that the divorce cannot be finalized until the time period runs.

  If you or someone you know is contemplating divorce or have been served with a complaint for divorce, contact us to get answers to your questions and let us assist you in making the best decisions.  Call Kane and Crowell at  (615) 784-4800 for more information about the divorce process in Tennessee.  

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Understanding Criminal Law: Retirement vs. Dismissal

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  If you have a criminal case, sometimes either a retirement or a dismissal may be obtained. The laws surrounding both can be confusing, so hiring an experienced criminal lawyer to navigate the system is often an advantage. Below is a brief summary of the two.

  A dismissal is exactly what it sounds like; your case is dismissed in its entirety. It is rare to walk away with an outright dismissal. However, an outright dismissal does happen on occasion, and having a local lawyer fighting on your behalf is a good step in that direction.

  A retirement, on the other hand, is a continuance with a dismissal at the end. Once the criminal case has been continued for some time, it is dismissed, as if it never occurred. A retirement may be conditioned upon certain factors being met. Further, at the end of a retirement, when the case is dismissed, a person is eligible to have their criminal record expunged.

  The difference between a retirement and a dismissal is that a dismissal completes your case right away, while a retirement dismisses your case after a set period of time. It is important to note that a retirement may also be conditioned upon certain requirements, including community service, probation, payment of fines, or other tasks, which must be completed before your case is dismissed.

  It is possible to have a criminal case andget a retirement, or even a dismissal. However, these results depend upon the facts of each case. Consulting an experienced local lawyer, who knows their way around the court system is a good start in that direction. Call us for a consultation at (615) 784-4800.

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Know Before You Post: Social Media, Search Warrants and Your Case

 
 
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Are you aware that what you post on social media may be used against you in your case?  Likewise, you may use another party's social media posts against them in your case. However, obtaining proof of these posts is not always easy. Ideally, you would be able to get an image of the posts. A subpoena or court order may be needed to recover posts that have been deleted or hidden. Some social media companies have argued it violates people's constitutional rights to force them to provide someone's social media account information or history. Here is a link to an article regarding a recent NY Court of Appeals decision on whether Facebook must give access to their users' posts. The Court decided Facebook must comply with requests to access user data. https://www.nytimes.com/2015/07/22/technology/facebook-loses-appeal-on-new-york-search-warrants.html?smid=tw-share
 
  At Kane and Crowell, we are ready to advise you on how social media posts and information may specifically affect your case. Call us now to schedule a consultation. (615) 784-4800
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Why Am I Required to Take a Parenting Class to Get a Divorce?

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Everyone going through a divorce in Tennessee has to take a court-approved parenting class if you have minor children at the time of your divorce. According to www.tn.gov, “This class or series of classes gives parents the information necessary to deal with their children and with each other during and after the divorce process. These seminars are meant to help the divorcing family through the traumas of divorce without putting more stress on the parties and their children.” The class includes topics related to children and family such as counseling; an overview of the Court, mediation, child support, and parenting plan process; suggested ways to help children of various ages cope with divorce; and grief and loss stages that everyone involved may experience through the process. This class must be completed within sixty (60) days of your divorce being finalized, BUT the sooner you can take the class, the better off everyone will be (and maybe even save you money in the long run.)

  The class can be taken in-person or online and typically lasts 4 hours. The cost is approximately $50, depending on the course you choose. As part of our legal services in a divorce case, we help our clients figure out the best way for the to complete this crucial step. Contact us today at (61to see how we can help you.

 

 

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Implied Consent: Do You Know Your Rights?

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This topic has been trending lately due to the disturbing video of a Utah nurse being arrested for not drawing the blood of an unconcsious patient for an officer without a warrant that has gone viral. Many people are not sure what their rights are when it comes to constitutional searches and seizures.

  Have you ever had an officer ask if you "consent" to allowing them to do a search? Are you aware that without having probable cause to believe an offense was committed, officers are not allowed to conduct a search without a search warrant? As usual, there is an exception to this law. It is called the good faith exception. In Tennessee, officers are allowed to collect evidence that may otherwise be found to be inadmissible in court if they believed in good faith that all of the circumstances gave them probable cause to do so. 

    There are two types of consent: actual and implied. Actual consent is when you expressly give consent, either orally or by writing. Implied consent is when it appears from all of the circumstances that consent has been given. Tennessee has a statute (55-10-406) that allows an officer of the law to order a test to check the alcohol or drug levels in a driver's blood if they have reasonable grounds to believe the person was driving while under the influence. The officer must explain to the driver the consequences for refusing to allow such a test. The minimum penalty of refusing is loss of license for one year. If the driver still refuses to give actual consent to the test, the driver can be charged under this statute and the test can still be administered.

   Kane and Crowell attorney Ashley L. Jackson had the privilege of hearing oral arguments on this issue in front of the Tennessee Supreme Court in the case of State of TN v. Corrin Reynolds. Essentially, the issue in this case was whether the good faith exception trumps someone's constitutional rights to be free of illegal search and seizure. Does a blood test for drugs or alcohol count as a search? And, if so, is a warrant required to conduct that type of search? The Supreme Court decided that a warrantless blood draw violates a defendant's constitutional rights. However, the Court adopted the good faith exception that the evidence from a warrantless blood draw can still be used if the officer was acting in objectively good faith.

  If you are a defendant and have faced an unlawful search or seizure, let us advise you as to your rights and the next steps. Call us at (615) 784-4800.

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