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Knox County Law Blog

What are prenuptial agreements used for in Tennessee?

People in Tennessee generally marry for love, and are not worried about who has what property. However, when people marry they are also entering into an unwritten contract that everything that either one earns or acquires during the marriage becomes the property of both spouses regardless of which spouse actually earned or acquired the property. So, if the couple ends up divorcing each one would be entitled to an equitable portion of the marital property.

There is a way people can avoid entering into this unwritten contract though. The couple could enter into a prenuptial agreement prior to marriage, which can control a divorce. There are a number of aspects of the marriage that the couple can control through a prenuptial agreement.

Two men charged for alleged thefts from multiple music stores

There are many things that young people are taught in Tennessee. One of these lessons is to not take what does not belong to them. When children take a toy from another child, they are reprimanded and may go to timeout, but the consequences are not very severe beyond that. However, when people are adults and decide to take things that are not theirs to take, they could face theft charges and the consequences can be much more severe depending on the circumstances.

Two men may realize these consequences after being charged with thefts from multiple music stores in the Knoxville area. The two men allegedly stole music instruments from different stores over a couple weeks' span of time. Both men were ultimately charged with felony theft as well as drug possession charges. Police say that the investigation is ongoing, and they expect more charges to come for the two men.

Are pedestrians walking straight toward danger?

If you choose to walk as a primary mode of transportation, it is likely because it is cheaper, more convenient, better for your health or simply a faster way to get where you need to go. No matter why you walk, you know how scary it can be when Tennessee drivers do not make safe decisions, whether that is speeding through an intersection or failing to properly stop at a crosswalk. 

According to a study done by the Governors Highway Safety Administration, the number of deadly accidents involving pedestrians has risen sharply over a very short amount of time. There could be many reasons for this, but statistics are clear that walking is quickly becoming one of the more dangerous ways to travel.

Basics of a products liability lawsuit in Tennessee

There are many different products that people in Tennessee use every day. These products have a variety of uses that help people perform tasks each day. This could be electronics, motorized products or those that require manual labor to operate. However, no matter how the product works, the person using it expects that the product will work properly. When they do not work properly not only can it can be frustrating -- it can also be dangerous.

Defective products can cause injuries to the person using it. If a person is injured as a result of defective product, the victim may be able to pursue compensation for the injuries through a products liability lawsuit. These actions can be brought if the product was defective due to many different issues, including but not limited to manufacturing, design, assembly, testing, instruction, warning, packaging, labeling or other issues with the product causing injury.

What happens if your claim for disability benefits is denied?

No one in Tennessee likes to get injured or suffer from an illness, but from time to time it is bound to happen. Hopefully the person is able to get better within a short period of time, so they can and go back to their normal daily life. Unfortunately, sometimes it can take a long period of time to recover from an illness or injury, and some illnesses or injuries are permanent. These types of injuries and illnesses can completely change one's life, and they may no longer be able to do many things they are accustomed to doing.

These individuals may not be able to work, which can make it very difficult to meet their needs. Luckily, people may pursue Social Security disability benefits (SSDI) to help them meet their financial needs. The first step in seeking benefits is to submit an application, which someone within the Social Security Administration will look at and determine if the applicant will receive benefits.

Understanding your finances could prevent divorce disadvantage

Many Tennessee residents feel overwhelmed by the idea of divorce. You and your spouse may have been married for a number of years before deciding that the relationship had run its course, and now, you could wonder how you will separate your shared lives back to individual ones. This process often has it ups and downs, and depending on your specific circumstances and ability to work with your soon-to-be ex-spouse, your case could have more ups than downs or vice versa.

In particular, you may have concerns about how your property will fair as you go through property division proceedings. This type of concern often hits many individuals, but with proper preparation, you could feel less overwhelmed by the idea of separating assets.

Mediation may be a good option as one goes through divorce

Everyone's marriage in Tennessee is unique, and just as every marriage is unique everyone's divorce is also unique. The major issues remain the same in most divorces, such as child custody, child support, property division and spousal support. However, these issues will be resolved based on the unique circumstances of the couple's marriage. Couples going through a divorce also have different options on the method they use to resolve their divorce.

One option is to litigate the issues and ultimately allow the judge to make the decisions. Another is the couple could resolve all the issues between themselves through out-of-court discussions. Many couples fall somewhere in between these two methods, though. Many couples need some assistance in reaching agreements, but do not necessarily want to litigate.

Consequences for DUIs in Tennessee

Many people drink alcohol from time to time in Tennessee. There are many different events where alcohol is served, or people may simply consume it as a way to wind down after a long day. In moderation, alcohol does not cause many problems, but when people consume too much, they can find themselves in bad situations.

For example, police will be on the look-out for those they think are drunk driving. Even if a person does not harm anything and even if they believe they are sober enough to drive safely, they may end up being arrested and charged with a DUI. Moreover, if the person is convicted of drunk driving, they can face serious consequences.

When must motor vehicles yield to pedestrians in Tennessee?

People in Tennessee use many different modes of transportation to get to their destinations. Some are more convenient than others and some will get people to their destinations quicker than others. However, the most basic mode of transportation is using one's legs to walk to their destination. Even if it just for part of their journey many people walk to get to stores, get to work, go to parks, see family and friends and for other reasons.

For the most part people are able to walk on sidewalks or other places designated for pedestrians, but at some point in time, people will have to cross streets. This means that they have to be able to co-exist on the roads with the various motor vehicles that use the roads.

Mental disorders that qualify one for Social Security disability

Not everyone in Tennessee may love their job all the time, but they are necessary for one to be able to pay their bills and meet their needs. So, whether they like or not they keep going to earn the paycheck. If one is sick or injured in some way, they may not be able to keep working though. If they are not able to earn an income, it may become very difficult for the person to meet their financial obligations. This is especially true if the problem is something that will continue for a long period of time or for the rest of the person's life.

However, people who find themselves in this unfortunate situation may be able to pursue Social Security disability benefits to help them with their finances while they cannot work. There are certain requirements that must be met in terms of length one would not be able to work, their work history and the type of injury or illness they suffer from.

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Mr. McKellar was voted by his peers as a “Top Attorney” by Knoxville’s CityView magazine in its 2010, 2011, 2012, 2013, 2014, and 2015 editions. In 2014, 2015, and 2016, Mr. McKellar was selected as a member of the “Top 100 Trial Lawyers” by the National Trial Lawyers.

Ms. Easter was voted by her peers as a “Top Attorney” in Cityview Magazine for Family Law / Divorce / Child Support in 2012, 2013, 2014, 2015 and 2016.

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