The Blog

Arrested For DUI In Tennessee While “Sleeping It Off” In Your Parked Car?

Can You Be Arrested for DUI in Tennessee if You Are “Sleeping it Off” in Your Parked Car? “So let the good times keep on rollin’ Open up the cooler, I’ll do the pourin’ Baby, ’cause this night is just gettin’ goin’ There’s no need to worry ’bout the mornin’ ‘Cause we’ll just sleep it

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Equal Parenting Time In Tennessee: Can The Courts Refuse?

Parenting time in Tennessee: Can divorce courts refuse to grant equal parenting time even if that’s what both the husband and wife want? If divorcing spouses agree that they want 50/50 parenting time with their children (alternating weeks back and forth), can the court order otherwise?  Can it “split” custody so as to place the

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Alimony: Does Ability To Pay Matter?

You can take anything you think you deserve You can take all the records you said you’d never heard I can’t bring myself to care anymore I will avert my gaze as you walk out the door Please don’t make me pay alimony Please don’t make me pay alimony Oh alimony, Oh alimony ~ From

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Grandparent Visitation Rights In Tennessee: Does Blood Relation Matter?

Our family never shared the same last name But our family was a family the same (And they say) Blood is thicker than water Oh, but love is thicker than blood ~ Thicker Than Blood by Garth Brooks ~ In my last post, I told you about T.C.A. § 36-6-306, which sets forth — that’s

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Does Tennessee Give Grandparents Rights?

Oh, play me some mountain music, like Grandma and Grandpa used to play. Then I’ll float on down the river to a Cajun hideaway. ~ Mountain Music by Alabama ~ Memories like that of your grandparents can be wonderful….. that is, if your grandparents got to see you when you were a kid.  Unfortunately, with all

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Child Support: The Case Of The Underemployed Spouse

They say times are hard, if you don’t believe it You can just follow your nose It don’t bother me—times are hard everywhere We’ll just have to see how it goes. ~ Floater (Too Much to Ask) by Bob Dylan ~ Well, yes, Bob, we all know times have been hard, and you don’t need to

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Can A Prenuptial Agreement Be Invalidated? The “Public Charge” Exception

High asset divorces often involve determinations concerning the enforceability of prenuptial agreements. While such agreements can be an effective way for parties to decide the financial consequences of a divorce prior to getting married, there are limits to how far courts will allow them to go. O’Daniel v. O’Daniel, 2013 WL 3282920 (Tenn.Ct.App June 26,

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The Statutory Injunction : Mind Your Behavior When Divorce is Filed

What is “Statutory Injunction” and how does it affect your divorce? If you have filed for divorce, chances are you are already at the end of your patience. You’ve had it! You’ve tried marriage counseling. You’ve searched your soul. You’ve prayed on it. And, you’ve reached your conclusion. You have to get out of this

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Tennessee Moves Toward Equal Parenting Time…But Not So Fast!

Whether you live in Nashville, Franklin, Brentwood, Murfreesboro, or Hendersonville, going through a divorce is not fun, especially when minor children are involved, and a determination must be made about how much parenting time each spouse will have after the smoke clears. In theory, Tennessee has moved closer to equal or shared custody arrangements and

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Non-Compete Agreements in Tennesse: Can You Take it With You?

You are an employee of a company.  As a condition of your employment, you sign a contract in which you agree not to compete with your employer if you leave.  In the course of your employment, you acquire knowledge and skills regarding your employer’s business.  But, things don’t go so well, and you decide to

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