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What Is The Difference Between Divorce And Legal Separation?

When a marriage is coming to an end it is often in your best interest to contact a divorce lawyer in Memphis, TN to help you understand everything you are going to need through this process. There are many steps to ending a marriage and in Tennesse, there are three different ways that it can go. You have the traditional divorce, then legal separation, and then annulment. No matter the method that is right for you, having a lawyer can make the process smoother and help you get from point A to point B quicker and with as few hiccups as possible. 

If you want to know more about the three options keep reading. 

What is the Difference Between Divorce and Legal Separation? 

Before you can even go through the process you have to know which separation method is the best for you ad your spouse. Each method has its own special requirements and rules, which means knowing the difference can save you time. 

Legal Separation 

This is typically not a method that is chosen but it is a valid … Read the rest

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Tips For Hiring A Divorce Lawyer

A divorce can be a very stressful time for everyone involved. It can be an emotionally draining and difficult process. The things that you say and do during the divorce process may have an effect on your future relationships with your children and ex-spouse. There are some things to keep in mind when going through a divorce. It is important, to be honest, but do not gossip or badmouth your spouse. Be as clear and concise as possible when communicating about finances or custody arrangements.

One of the best ways to reduce stress is by hiring a divorce lawyer Memphis, TN who specializes in family law such as a divorce lawyer in Memphis, TN. Hiring an experienced family divorce lawyer in Memphis, TN from Patterson Bray PLLC will help you understand how the law works and what you need to do in order to reach a successful settlement.

The following are some tips for hiring a divorce lawyer:

Be Prepared For The Proceedings

Know your rights. Take some time to learn about the laws in your state so you know … Read the rest

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Preparing To Divide Your Marital Assets

If you are ready to embrace the challenge of attending to your divorce situation proactively, one of the first things you’ll want to do is to make a list of all of your marital assets. Marital assets—including physical property, financial accounts, and intellectual property—generally consist of all assets acquired during the length of a couple’s marriage.

Once you’ve created this list, spend some time thoughtfully considering which—if any—of your assets you’d be inclined to fight for, which you’d desire but are not worth fighting for, and which you’d be willing to part with. Keep in mind that an equitable divorce settlement will likely result in something close to a 50/50 split of your total asset value. For example, if you opt to keep the house, your spouse may opt to keep the value of your retirement assets that mirrors the value of your home. Making this list thoughtfully now will help our team to assess your needs, wants, and priorities concerning asset division. This exercise will help us to advise you and to build a strong divorce strategy that advances … Read the rest

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What Is A No-Fault Divorce In Tennessee?

Tennessee allows couples to divorce based on the no-fault ground of “irreconcilable differences.” This is often shorthand for marriage simply not working out, though it was no one’s fault in particular. However, you and your spouse must agree in order to use this ground – if you cannot agree, the divorce then becomes contested.

In order to qualify for a no-fault divorce, you and your spouse must also be able to come to an agreement (or at least be near one) on things like child custody, alimony, and distribution of marital assets. No-fault divorce becomes a “fault” divorce if anything is contested, because then by definition, there is a dispute, and disputes involve fault. Under the law, the couple must have lived apart and separate for at least two years before a divorce will be granted.

What is a fault divorce?

As a Memphis TN divorce lawyer can explain, a spouse who files for divorce based on certain grounds must prove those grounds unilaterally before a judge, and then the court will issue a decision regarding the couple’s dispute. Contested … Read the rest

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How Long Does Divorce Take?

The time it takes for you to complete the divorce process on average takes anywhere between two to six months. In Tennessee, the state imposes a waiting period which can be sixty to ninety days. However, if there are complications such as disputes over how assets will be distributed it can take over a year for a divorce to be finalized. If you and your spouse cannot agree on the terms of a divorce, you can consult with a lawyer on finding amicable solutions. 

How are assets distributed?

What is often challenging in a divorce proceeding is the distribution of assets. How assets like vehicles, property and possessions are distributed in a divorce depends on the state’s property laws. A state has different approaches for the division of property. For example, some states adhere to community property laws while others adhere to equitable distribution. The court will decide how assets are distributed if both parties cannot come to an agreement. 

Do custody arrangements need to be settled before a divorce is finalized?

Custodial disputes are common in a divorce. One … Read the rest

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Grounds For Divorce

Tennessee has two types of divorces: uncontested, which is usually irreconcilable differences, and contested, which requires proof of grounds for divorce. In Tennessee, a divorce begins with the filing of a “Complaint”. Tennessee law requires that certain statistical information be disclosed in a Complaint for Divorce, including the full names of the parties, dates of birth, etc. When a Complaint is filed, a temporary set of injunctions will be issued automatically without independent judicial approval. These automatic injunctions are sometime referred to as “mandatory injunctions, and they prevent the sale or transfer of certain assets, prevents the dissipation of marital funds, and prohibit each party from threatening physical harm against the other and from harassing him or her. In a contested divorce, the parties cannot agree to a resolution of each of the issues before the Court, and those parties must go to trial, and an experienced Divorce Attorney Memphis, TN.  The first issue a Court must resolve is the grounds for divorce. Essentially, the Court must conclude which party is most at fault for the divorce and the… Read the rest Continue Reading

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Types Of Child’s Birth Injuries

What Legal Recourse Do Parents Have For Their Child’s Birth Injuries?

There is nothing more devastating for parents to find out their newborn has suffered an injury during birth caused by the negligence of medical professionals. A birth injury lawyer understands that devastation and will work diligently to get families the justice they deserve.

Although some injuries are unavoidable, many others are caused by medical negligence during the mother’s pregnancy, labor, delivery, or post-delivery. The most common types of birth injuries include the following:

Brachial Plexus Injuries

The group of nerves that controls the muscles in the shoulder, arms, elbows, wrists, and hands is called the brachial plexus. If these nerves are damaged during labor or delivery, the baby can suffer paralysis and weakness. This injury can for a few months, up to the rest of their lives. Injuries to the brachial plexus can occur if the doctor pulls too hard on the baby’s shoulders or head during delivery or incorrectly uses forceps or a vacuum. It can also occur if the doctor proceeds with a breech birth (feet first) … Read the rest

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Top Myths And Misconceptions About Medical Malpractice 

Top Myths And Misconceptions About Medical Malpractice 

You’ve probably seen on TV these lavish and big medical malpractice dramas that happen. This type of case is rarely what it looks like on TV. In fact, most of the time these cases are shrouded in mystery because unless there is a huge payout, or it deals with a celebrity, you can expect it not to be in the media. 

With such a thing, there are some myths that are running rampant with it. It can lead many people to believe that these cases are just people hoping to get rich quickly. If you have a medical malpractice case then talking to a lawyer to help dissolve some of these myths is often in your best interest. Here are the most common myths: 

• Most Medical Malpractice Claims are Frivolous 

The truth is, this just isn’t the case. While the United States has been known as a sue-happy society, this doesn’t mean that medical malpractice claims are just people seeking revenge for being unhappy. In fact, only about 3 percent of all lawsuits … Read the rest

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Medical Malpractice: Are You a Victim?

Medical Malpractice Lawyer

When a health care provider fails to conform to accepted standards of medical practice, it is considered medical malpractice. However, identifying whether or not a health care provider is guilty of medical malpractice can be a complicated issue, as the criteria for whether or not a health care provider is guilty are not always so clear-cut.

Nevertheless, if a health care provider’s negligence led to injury or death, or if he or she provided a substandard quality of care, then the provider may be liable for medical malpractice. And as a medical malpractice lawyer from a firm like the Law Office of Daniel E. Stuart, P.A. can explain, holding a health care provider accountable for substandard (or hazardous) treatment can get you the compensation and justice you deserve.

Did the Provider’s Actions Result in Degraded Health?

If you believe that you may be a victim of medical malpractice, yet you do not display significant health issues as a result of the malpractice, then you may not have a case for medical malpractice. It is necessary that you … Read the rest

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