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In most cases, the couple’s home will be considered marital property and subject to the property division process. However, there are some cases in which the home would not be considered marital property. If the home was owned by only one person prior to the marriage, it could be considered separate property. If the home was part of an inheritance, it could be excluded from the property division settlement. It’s also possible for a couple to have a prenuptial agreement in place that outlines who gets the house.

If you have questions about who might be awarded the marital home in the divorce or what your rights are, call our office to talk to one of our attorneys. We offer free consultations and can discuss the particulars of your case to provide legal counsel and help with the next steps.

Will We Have to Sell the House?

If both parties are able to come to an agreement on who gets the house, it’s possible to avoid having to sell the home. However, this is dependent on the person who is awarded the house being able to afford the payments and maintenance on one income. It’s not unusual for a couple to be forced to sell the house in a divorce because of financial reasons. If the parties can’t agree, it’s possible that the judge could either award the house to one party or force them to sell and split the profits.

Who Gets the House in a Divorce?

Who gets the house in a divorce depends on whether the parties can agree and what the rest of the assets are. If the parties are able to agree to a property division settlement, the judge will usually use this as the court order. However, if there is no agreement, the judge looks at what a fair and equitable settlement would be. This may mean that one person gets the house while the other party gets a larger share of the couple’s liquid assets.

How Can a Family Law Attorney Help?

When it comes to property division and who gets the house, it’s important to talk with a family law attorney. An attorney can help you see the bigger picture when it comes to how the assets are divided, fight for your rights and interests, and ensure that any agreement reflects your needs.

The first step in going through the property division process should be to gather information and understand your options and rights within the law. Call 931-236-2711 to schedule a free consultation with a member of our team to find out more.

Alimony is also known as spousal support. It is the legal term for support payments that are made from one ex-spouse to another. Alimony is often awarded in the divorce process to ensure that both parties are able to be financially stable after the divorce. Alimony payments can be ordered for a specific length of time or can be permanent.

If you’re not sure how long you have to pay alimony to your ex, it’s important to talk to an attorney. A family law attorney can look at your court order to help you understand how long you have to pay alimony and what has to happen before the payments can stop.

When Can I Stop Paying Alimony?

The simple answer is: whenever the court order says you can. Every case is different, and judges can award alimony for a short period of time, called transitional alimony, or award permanent alimony. Transitional alimony is meant to be short-term payments to give one party financial support as they go out on their own after the marriage is over. Permanent alimony is usually reserved for marriages that lasted for several years.

Does Alimony Stop If My Ex Gets Remarried?

If you have been court-ordered to pay permanent alimony, it doesn’t necessarily mean that you could be paying forever. The alimony payments usually stop if and when your ex gets remarried. This is because the courts assume that their new spouse will be supporting them financially, at least partially, and assuming that responsibility. If you’re not sure if your alimony payments stop when your ex gets remarried, you can talk to an attorney who can look at your order and see what the specific instructions are.

What Happens If I Can’t Pay Alimony?

While you may not like it, alimony is a court-ordered expense. This means that there are formal penalties if you don’t keep up with your payments. If you don’t pay alimony, you could be found in contempt, of course, have to pay arrears, and even face jail time and other consequences, such as having your driver’s license suspended. If you believe that the alimony payments create an undue financial hardship for you, you may be able to talk with an attorney about petitioning the courts to modify or terminate alimony.

Alimony payments can be complicated, and it’s common for people to be confused or have questions about what being ordered to pay alimony means for their financial future. If you have questions, call our law office at 931-236-2711 to schedule a free consultation with a member of our team. We can discuss your case and help you form a plan.

Although divorce rates among military personnel have stabilized in recent years, the annual number of military divorces remains in the thousands in Tennessee. Whether you’re going through a difficult time or making a necessary change for yourself and your family, divorces can get complicated. The added caveat of being in the military or having a spouse in the military can lead to additional obstacles. Our legal team put together this post to elaborate on some of the differences between civilian divorce and military divorce in Clarksville, TN.

If you want to skip the research process altogether (trust me, we get it), you’re welcome to schedule a free divorce consultation. All of our attorneys have extensive experience working with military personnel and their spouses. You can reach our office at 931-236-2711 from 8am-4pm, Mon-Fri.

If you’re not quite ready to hire a divorce lawyer (or you just want more info on military divorce in Clarksville, TN), this post is for you.

Military Divorce in TN | Serving Divorce Papers

This is one of the primary hurdles our clients face in military divorce cases. Different branches of the military have different policies when it comes to serving divorce papers to an active duty spouse. These stipulations are in place to protect soldiers’ rights, but it can certainly become an obstacle when filing for divorce. You can usually access free legal assistance through military services, but they do not represent you in court. (That’s where hiring an attorney comes in.)

One potential snag could be that the service member is unable appear in court due to his or her military responsibilities. The service member might be deployed or stationed out of the country, for example. Under these circumstances, the service member could request a 90-day suspension of divorce matters. It is possible for the court to deny this request. However, navigating complications like these can be difficult. And it certainly isn’t worth dragging your family (and your sanity) through months of stressful back-and-forth.

Likewise, the service member stationed abroad in this scenario can have trouble handling a divorce from overseas. Either way, it’s imperative that you hire qualified representation with the foresight and experience necessary to assist you when these issues arise.

Spousal Support and Child Support

When it comes to spousal and child support, the extra allowances a service member makes might not factor into a support order. In some states, certain wages do not count as income. This could include any income that is not part of his/her base pay or income that does not appear on their paycheck. In Tennessee, child support and spousal support awards cannot exceed 60% of the military member’s pay and allowances.

You and your children may also qualify for continued health and dental insurance. Allowance is based on a few factors, including the length of time a service member has been in the military. If you were married to a member of the armed forces for 20 years or more, you would be eligible for permanent medical insurance, a military ID, and other lifelong privileges.

The Uniformed Services Former Spouses’ Protection Act (USFSPA)

In addition to Tennessee’s property division laws, the USFSPA also dictates how military retirement benefits are calculated and divided. For example, a service member’s retirement will not be distributed to a former spouse unless they were married for 10+ years while the member was on active duty. If you hire an attorney that has previously represented military members or their spouses in divorce cases, you will not need extensive knowledge on this subject. But there is public information about USFSPA available on Military OneSource.

Some Final Thoughts & Resources Related to Military Divorce:

You may not run into all of these obstacles, but it’s important that you’re aware of them. Divorce can get sticky, but it can also be necessary for the wellbeing of you and your family. And you definitely aren’t alone. Our attorneys have extensive experience working with military spouses, soldiers, and the Fort Campbell legal system. Initial divorce consultations are free, so you can get any other questions you have answered before you pay. Book an appointment by calling our office or submitting a form here.

As always, if you or your loved one need legal representation in a criminal defense or family matter, reach out to us today.

For additional updates and information on our local court, their departments, as well as our elected officials, visit the Montgomery County Circuit Court Clerk website.

If you are convicted of a sex crime, you will likely be placed on the sex offender registry. The sex offender registry is a way for the state to keep track of where sex offenders are and to ensure that they are abiding by the restrictions of their conviction. Four of the main consequences of being placed on the sex offender registry include not being able to hold certain jobs, being restricted on where you can live, losing custody of your children, and a lack of privacy.

Being placed on the sex offender registry can affect nearly every part of your life, which is why it is important to do everything you can to defend yourself against sex crime charges. Talk to one of our attorneys to find out what your options are.

How Does Being a Sex Offender Limit My Employment Opportunities?

When you are a registered sex offender, you are not allowed to hold certain jobs. Usually, these jobs are ones in which you would be working with children or those who are more vulnerable, such as the developmentally disabled. These registries are public, and employers are able to search them as part of a background check.

How Does Being a Sex Offender Affect Where I Can Live?

Registered sex offenders are not allowed to live within 1,000 feet of a school, which means that your housing opportunities after you have served your sentence can be very limited. This 1,000-foot radius includes living with a friend or family member. Sex offenders are also not allowed to come within 1,000 feet of a school unless they are picking up or dropping off their own child.

Will Being Convicted of a Sex Crime Impact My Custody Case?

Being convicted of a sex crime can impact child custody, but the impact depends on the nature of the charges and the family court judge. If the sex crime conviction is related to children, such as with child pornography charges or sexual abuse of a minor, you could lose custody of your children entirely or be left with only supervised visitation. If you have children, it is important to speak with an attorney about how the charges may affect your custody arrangement and what you can do to protect your relationship with your children.

Sex crimes carry a large stigma in our society, but there are still options for defense if you have been charged with one of these crimes. Call 931-236-2711 to schedule a consultation and speak with a seasoned criminal defense advocate today.

A DUI is an abbreviation for a criminal charge that is called driving under the influence. This can apply when someone drives after drinking too much alcohol, but it can also apply when the person is under the influence of any kind of substance that impairs their ability to drive. For example, a person could get a driving under the influence charge for driving while impaired by prescription medications.

If you are facing DUI charges, you are probably wondering what your options are for defending yourself. The attorneys at our firm are experienced in handling DUI cases and can help you understand your options and provide counsel on which one might be the right choice for your particular situation.

Is a DUI a Felony or a Misdemeanor?

A first or second-offense DUI is usually a misdemeanor charge. However, it is possible to end up with felony DUI charges. A felony DUI charge can be brought about if you have multiple previous DUI offenses or if someone was injured or killed in an accident when you were driving under the influence. Any kind of criminal charges are serious, but felony DUI charges are something that you should pay special attention to and speak with an attorney about.

What Are the Defense Options for a DUI?

If you have been charged with driving under the influence, you have a few defense options. The right option for your case depends on the specific circumstances, and that’s why it’s important to discuss everything with a defense attorney before you move forward. Common defense strategies for driving under the influence charges include challenging the legitimacy of the traffic stop and challenging the equipment or officer experience involved in the field sobriety test.

What Does a DUI Lawyer Do?

A DUI lawyer is a criminal defense attorney who takes cases involving DUI charges. This kind of lawyer has extensive knowledge and experience in the Tennessee criminal courts and is prepared to represent you as your case moves through the system. This could include gathering evidence for your case, being present as you are questioned by police, and acting as your legal counsel at trial. A DUI lawyer may also be able to negotiate a plea deal on your behalf and provide you with information on how such a deal could impact your future.

If you have been charged with a DUI, we want you to know that there is help available, and you do not have to go through this experience alone. Call our office at 931-236-2711 to talk to a member of our team and get more information on our legal services and how one of our criminal defense attorneys can help you.

A felony is a criminal charge that carries a possible prison sentence of at least one year, so yes, all felonies in Tennessee carry prison time. Misdemeanor charges can also carry prison time, but the maximum possible sentence has to be less than one year. It’s important to understand the nature of your charges and what the possible consequences are so that you can put forth the best defense possible.

A criminal defense attorney is a lawyer who works with defendants who have been charged with crimes in the Tennessee courts. Contact our firm today to speak with a member of our team about your charges and what you should do if you are facing possible prison time.

What Are Common Felonies in Tennessee?

Felony charges in Tennessee often involve violent crimes, such as rape, murder, manslaughter, and aggravated assault. It’s also possible to be charged with a felony for some drug crimes. While most theft crimes are misdemeanors, if the value of the stolen items was more than $1,000 or a weapon was involved in the theft, it could result in a felony charge. It’s also possible to be charged with a felony for a DUI if you caused an accident where someone else was injured or killed.

Can You Plead Down a Felony Charge?

It may be possible to plead down a felony charge, and if so, it’s an option that’s often worth considering. While pleading guilty to a lesser charge means that you still have a criminal conviction, it may be possible to plead guilty to a misdemeanor charge instead of a felony. This can be a strategic option to avoid facing significant prison time. A misdemeanor charge also isn’t quite as serious on your record. However, it’s also important that you make this decision with a full understanding of the pros and cons of a plea deal, so it’s something you should discuss with your attorney.

What Should I Do If I’m Charged With a Felony?

If you have been charged with a felony, the first thing you should do is obtain experienced legal representation. These are serious charges that require a serious defense, and you need someone who is equipped to provide counsel and help you navigate the criminal courts.

If you’ve been charged with a felony in Tennessee, call our law office at 931-236-2711. Our attorneys have experience representing defendants facing serious felony charges and can help you understand what’s happening and what your options are. If you choose to retain our firm, we can get straight to work representing your rights and fighting for your future.

A field sobriety test is a test that a police officer administers when they pull you over if they believe that you have been drinking or might be under the influence of a substance. The term field sobriety test includes both performative tests, such as having to recite the alphabet or stand on one leg, and blood alcohol tests that analyze your breath to see how much you have been drinking.

If you fail a field sobriety test, the officer will arrest you for driving under the influence and take you back to the police station. It is important that you understand what your rights are and how to handle these types of situations. If you have questions about your case, call our office to schedule an appointment.

Can I Refuse a Field Sobriety Test?

It is a common misconception that you are not able to refuse a field sobriety test. But in fact, in the state of Tennessee, you have the right to refuse a field sobriety test, and doing so does not mean that you are automatically arrested or deemed to have failed as it does in some other states. If you refuse a sobriety test in the field, the office can require that you submit to a blood test at a medical facility. If you refuse to do so, your driver’s license is forfeited.

What Happens If I Fail a Field Sobriety Test?

If you fail a field sobriety test, you are likely to be arrested and charged with driving under the influence. The officer will take you back to the police station to be formally charged. As soon as you are arrested, it’s important to speak with a DUI attorney as quickly as possible — ideally within 24 hours. An attorney can advise you of your rights and provide counsel so that you do not inadvertently make the situation worse for yourself.

What Does a DUI Lawyer Do?

A DUI lawyer represents those who have been charged with driving under the influence. These attorneys can help you understand your charges, and they know what to look for to see where the holes are in your traffic stop and arrest to identify your defense options. They are also experienced at negotiating with prosecutors and may be able to help you get your charges reduced.

If you have refused a field sobriety test or been charged with a DUI, contact our law office at 931-236-2711. Our firm offers free consultations where you can discuss your case with an attorney and get a better understanding of how we can help and what we offer.

A stepchild adoption occurs when a stepparent legally adopts their stepchild as their own. When you marry someone who has kids, you become a stepparent, but you have no legal standing or authority when it comes to your new spouse’s existing children. An adoption names you as the child’s legal parent, which conveys parental rights to you.

Stepchild adoptions are complicated, and many people don’t understand the legal requirements for a stepchild adoption to go through. Contact our law firm if you are considering a stepchild adoption to ensure that you know what the process is and that your situation qualifies.

Does the Child’s Other Parent Have to Consent to the Adoption?

In most cases, the child’s other biological parent must consent to the stepchild’s adoption for it to move forward. This is to ensure that the biological parent is not getting stripped of any rights. If the child’s other biological parent is dead, the courts are able to proceed with the adoption process more quickly. In cases where the other biological parent is not able to be contacted, there may be a way to satisfy the court’s requirements for notification so the adoption can proceed.

How Does a Stepchild Adoption Affect Child Support?

If you have an existing child support order where your child’s biological parent is paying child support, it is important to understand that going forward with a stepchild adoption will terminate that support order. That is because when the adoption is finalized, the other parent is no longer a legal parent of the child and therefore carries no financial responsibility for the child. The courts now expect the new legal parent (the stepparent) to assume the financial responsibilities.

What Happens If We Get a Divorce After the Adoption Is Finalized?

Another aspect to be aware of before you go forward with a stepchild adoption is that if you were to divorce after the adoption is finalized, the stepparent would be able to get custody and visitation rights and could also get or receive financial support. Because the stepparent is now a legal parent of the child, they have the same rights in a divorce when it comes to child custody and child support as a biological parent would. This is one reason why it is important to take stepchild adoption very seriously and ensure that you are prepared for the long-term ramifications.

Contact our law firm at 931-236-2711 to find out more about what the Tennessee laws and guidelines are when it comes to stepchild adoption and what you need to be aware of. We can also help you track down a biological parent to gain consent and ensure that everyone involved understands what happens after the adoption is complete.

If you were charged with possession, you may be able to get it expunged. Expunging removes the arrest, charge, and conviction, if there is one, from your criminal record entirely, so it is as if the incident never happened. Expunging your record can give you a clean slate and ensure a past mistake doesn’t continue to affect your future.

If you have a simple possession charge on your record and you want to get it expunged, our firm can help. We can verify that your charge is eligible for expungement and help you through the process.

What Is the Process for Expunging a Charge?

Before you apply to have a charge expunged off of your criminal record, it is important to talk with an attorney to ensure you understand what an expungement is and what it does for your criminal record. A criminal defense attorney can also verify that your charge is eligible for expungement so you don’t waste time and money trying to get a charge expunged that can’t be. Once you are sure that your charge is eligible, you will need to file a formal request for expungement with the court where the charge was originally filed. Make sure that your case is also paid up for any court costs or fees, as a balance here will keep you from being able to move forward. Once you complete your filing, the judge will decide whether to grant your expungement request.

Do I Have to Wait a Certain Amount of Time to Have a Charge Expunged?

If you were arrested and charged, but you didn’t end up with a conviction, there is no wait time to request that the charge be expunged. This applies to cases where the charge was dismissed, or you were found not guilty. If you were convicted of possession, you have to wait five years after the completion of your sentence to be able to apply for expungement.

Can I Get a Charge Expunged If I Have Other Convictions?

If the charge that you are applying to get expunged is not your only criminal conviction, you cannot have the charge expunged. If you do have past convictions, it is still worth talking to an attorney about what your options may be. Even if you can’t get your record expunged, there may be other legal strategies you can use to try to get your record clear.

Having drug charges on your record can make it feel like you can’t leave the past behind. But clearing your record through expungement is one way to start to move forward. Call 931-236-2711 to speak to a criminal defense attorney about your situation.