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 divorces usually happen when there is a bone of contention between the spouses, such as child custody or the ownership of a certain asset, but it can happen on several other grounds. Adultery is perhaps the most common, but there are eight others that appear. They are: 

•   “Natural” impotence
•   Bigamy – one party was already married to a living spouse
•   Cruel and inhuman treatment
•   Alcohol abuse (or drug addiction) for at least two years
•   Abandonment for one year or more
•   Adultery
•   Felony conviction with a prison sentence
•   Attempted murder of the spouse

Does the court consider the “fault” when dividing up the marital estate?

Any of these grounds is enough for the wronged spouse to unilaterally file for divorce. However, they must be prepared to establish the truth of their accusation. Even if your spouse openly admits, for example, being a bigamist or an adulterer, you must still submit proof to the court that substantiates your statements. Also, it is important to remember that regardless of whether or not misconduct is proven in court, the marital assets will be divided in an equitable fashion – in other words, even if you prove that your spouse did something wrong, the court will not ‘punish’ them for it in terms of their share of the marital estate. Fault can affect things like child custody, but not asset distribution, as a general rule.

If you are considering a divorce, contact a Memphis TN divorce lawyer from Patterson Bray PLLC to find out what your legal options may be.

Historically, when a couple decided to divorce, they were required to establish whose fault the estrangement was. Many states still retain this structure, including Tennessee, but a simpler way to divorce has since taken root: the no-fault divorce, wherein no one need admit any kind of dirty laundry into a court record. Some people still choose to cite grounds for their divorce, and some prefer the ease of a no-fault system. There are positives and negatives to each. The following is a brief overview. A divorce lawyer in Memphis, TN can answer questions specific to your situation.

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 or both spouses might have differing preferences or attitudes when it comes to who has custody of their child. A custody agreement must be determined before a judge can approve the divorce. This can extend the time it takes to complete the divorce. If you and your spouse cannot come to an agreement, you can talk to a lawyer to determine possible options so that your divorce can be finalized. 

Do I need to hire a lawyer? 

It is beneficial to hire a lawyer if you are going through divorce, because the process can be complex and there can be a number of hurdles. While you don’t need to hire a lawyer if you are going through divorce, it offers many advantages. There are many steps that need to be completed and it can get overwhelming, so they can ensure that you go through your divorce smoothly. A lawyer can also help you minimize your divorce-related expenses as well.  

A trusted divorce lawyer has years of experience assisting clients through the divorce process. If you need legal support and would like to learn more about how a lawyer like one from Patterson Bray PLLC can help you navigate divorce proceedings, don’t wait to take action and get the advice and support that you need. Schedule a risk-free consultation now so that you can get started and receive legal advice. 

Separating with your spouse is a complex, painful and difficult experience, as a divorce lawyer in Memphis, TN knows. When a marriage ends, you will have to make many decisions regarding who your assets will be distributed, as well as decide on custody agreements. As a divorce lawyer in Memphis, TN like one at Patterson Bray PLLC can explain, the process can be highly emotional, and often require careful and lengthy deliberation. If you need help going through a divorce, learn more about your options.

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 reasons for such fault. Those grounds are:

• Adultery;
• Habitual drunkenness or abuse of narcotic drugs;
• Living apart for two years with no minor children;
• Inappropriate marital conduct;
• Willful or malicious desertion for one full year without a reasonable cause;
• Conviction of a felony;
• Pregnancy of the wife by another before the marriage without the husband’s knowledge;
• Refusal to move to Tennessee with your spouse and living apart for two years;
• Malicious attempt upon the life of another;
• Lack of reconciliation for two years after the entry of a decree of separate maintenance;
• Impotency and sterility;
• Bigamy; and
• Abandonment or refusal or neglecting to provide for spouse although able to do so.

Additionally, the Court must equitably divide the marital estate, without taking into consideration each parties’ fault in the divorce. In a divorce action in Tennessee, only marital property and marital debt is divided; separate property is not. Property division is the term used by courts and lawyers for describing this process. Property division requires that all property be identified, classified, and valued. Tennessee is an “equitable distribution” state.  Once the Court has determined which property is marital, the Court will then equitably divide those assets and any debts. An equitable division does not always mean an equal division of property.  In other words, marital property will not always be divided 50/50.  Also, equitable division does not mean each party will receive a share of every piece of marital property. Sometimes a court will give an entire asset to one spouse, or the Court may require that certain assets be sold. A trial court will classify all property as either marital or separate. Generally, property acquired during the marriage is marital property. Separate property, also known as non-marital property, generally consists of all real and personal property owned before marriage, gifts, and inheritances. As stated above, only marital property is divided. Each spouse will keep his or her separate property. Under Tennessee law, the following factors are considered by the court in equitably dividing marital property:

1. The duration of the marriage;
2. The age, physical and mental health, vocational skills, employability, earning capacity, estate, financial liabilities and financial needs of each of the parties;
3. The tangible or intangible contribution by one (1) party to the education, training or increased earning power of the other party;
4. The relative ability of each party for future acquisitions of capital assets and income;
5. The contribution of each party to the acquisition, preservation, appreciation, depreciation or dissipation of the marital or separate property, including the contribution of a party to the marriage as homemaker, wage earner or parent, with the contribution of a party as homemaker or wage earner to be given the same weight if each party has fulfilled its role; (who contributed more, who performed marital role more, and why)
6. The value of the separate property of each party;
7. The estate of each party at the time of the marriage;
8. The economic circumstances of each party at the time the division of property is to become effective;
9. The tax consequences to each party, costs associated with the reasonably foreseeable sale of the asset, and other reasonably foreseeable expenses associated with the asset;
10. The amount of social security benefits available to each spouse; and
11. Such other factors as are necessary to consider the equities between the parties.

Additionally, in certain scenarios the separate property of one party may become marital property. Be sure to discuss these issues with your divorce counsel to make sure you avoid creating marital assets that you intend on keeping separate. If during your marriage, you and your spouse had minor children or adopted children, and those children are still minors at the time of your divorce, then the Court will also need to establish a Permanent Parenting Plan, which takes into consideration Tennessee’s custody and visitation laws. For a discussion on custody disputes and what you can expect during custody litigation, consult the custody lawyers Memphis, TN at Patterson Bray. In addition to making custody determinations, including parenting schedule, decision making, and parental rights, the Court’s Permanent Parenting Plan Order will also include a child support calculation and obligation. For a discussion on the Court’s child support determination and what you can expect during child support litigation, consult the child support attorneys Memphis, TN trusts at Patterson Bray today. Finally, the remaining issue in any divorce that a Court will take into consideration, regardless of whether there are minor children or not, is whether the Court should award either party spousal support, also commonly known as alimony. The Court’s award of alimony can come in many forms, and many include the attorney fees you incurred in seeking a divorce. For a discussion on the Court alimony determination and what you can expect during divorce litigation, consult the divorce lawyer Memphis, TN at the office of Patterson Bray.

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) despite knowing the consequences.

Cerebral Palsy

Cerebral palsy can occur when the baby does not get enough oxygen. Babies who suffer birth trauma that leaves them with cerebral palsy are left with permanent injuries, including muscle spasms, weakened muscles, and impaired motor function. Many victims also suffer from impaired speech, vision, hearing, and seizures.

A birth injury lawyer knows that cerebral palsy is completely avoidable in many cases when it is the direct result of medical professionals failing to recognize the baby is not getting enough oxygen during labor or delivery, fails to see that the baby was tangled up in the umbilical cord, failure to perform a C-section when necessary, failure to diagnose the baby has jaundice, and failure to use medical equipment carefully during the delivery.

Klumpke’s Palsy

If the doctor pulls the baby out of the birth canal by an arm that the baby has extended above the head, this can cause nerve damage to the lower area of the brachial plexus. This injury can cause complete loss of feeling in the arm or hand, muscle atrophy, drooping eyelids on one side of the face, and stiffness in joints.

Intracranial Hemorrhages

Intracranial hemorrhages are also referred to as brain bleeds. These injuries can cause damage to the brain, nerves, bones, and spine. There are four types of hemorrhages a baby can suffer:

• Cerebral hemorrhage: Bleeding in the brain
• Intraventricular hemorrhage: Bleeding into the area where spinal fluid is produced (ventricular system)
• Subarachnoid hemorrhage: Bleeding between most inner membranes of the brain.
• Subdural hemorrhage: Bleeding from a ruptured blood vessel

Contact a Personal Injury Law Firm Today

If your baby suffered birth trauma and you suspect negligent medical care was the cause, contact an attorney, like a birth injury lawyer.

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 filed would be considered frivolous. This means that for the most part, medical malpractice cases are ones filed by those who have truly suffered. 

• Medical Malpractice Victoties Result in Huge Payouts 

This myth is also false. Fewer than 1 percent of medical malpractice claims result in awards over a million dollars. Most people are only compensated for their medical bills. It often depends on the case but there are times some are compensated for lost wages but often this isn’t the case. 

• All Medical Malpractice Cases are Filed for Money

It might come as a shock but most cases are filed because people want answers. Filing for a case forces the medical professionals who made mistakes to testify or be deposed. For some, this is the only way they can get answers on what went wrong and why. It also brings to light to not let the medical professional make the same mistake twice. 

•  Medical Malpractice Claims Cause Health Care Costs to Rise 

This is yet another myth that simply just isn’t true. The reality is that health care costs have risen but medical malpractice claims have actually decreased. The rising cost of health care and health insurance is not because of medical malpractice claims. While it would be easy to blame this, it simply isn’t true. 

• Medical Errors Are Realistic and Expected 

While there are complications that can occur it doesn’t mean that malpractice happened. Doctors are meant to provide you with the utmost care and when that isn’t given, and errors happen that could have been prevented, that is where malpractice comes in. It is the error that could have been avoided that is key in differing between a complication and a malpractice suit. 

If you have been injured at the hands of a medical professional then contacting a medical malpractice lawyer, like our friends at Disparti Law Group, can help you sort out any questions you may have and help you get the compensation you deserve. 

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 display actual damages that have resulted from the health care provider’s substandard quality of care. For instance, if you experience persistent suffering and/or are in substantial pain, then you may have a case for medical malpractice.

If you do experience significant damages as a result of a health care provider’s negligence, you should consider filing a lawsuit. Although such an undertaking can be an emotionally demanding task, it is important that you seek the justice you deserve. Many cases of medical malpractice occur each year without any repercussions, as many victims of medical malpractice fail to file a lawsuit. Unfortunately, health care providers who are guilty face no consequences, and the victims are left without having sought proper justice.  

Did The Provider’s Actions Result in Considerable Loss of Income?

Another way in which you may be a victim of medical malpractice is if your ability to work is impacted by a health care provider’s substandard quality of care. In this case, your quality of life is diminished since you are no longer able to work to acquire the necessary income to support yourself. Such a situation also qualifies as a damaging consequence of medical negligence.

For example, if the health care that you received resulted in you being unable to perform tasks required of you for your job, then regardless of whether or not you are in pain, you still are experiencing significant distress. If this is the case, then you may be a victim of medical malpractice.

If you believe that you may be a victim of medical malpractice, contact a lawyer to begin seeking the justice you deserve.

Benefits Of Chiropractic Billing System

It’s no secret that running a chiropractic practice is no easy task. Chiropractic treatments usually take longer and require frequent visitations and a result of that is that it can be hard to keep up with other tasks. One of the biggest issues to keep up with is medical billing and coding regulations that are always changing in the chiropractic and pain management arena. There’s a mound of administrative work in the daily routine of a chiropractic practice which can make it difficult for a lot of practices to focus on medical billing.

This is where chiropractic billing service comes into play. There are many benefits that are simply impossible without chiropractic billing services.

Benefits of Chiropractic Billing Services 

If you aren’t sure if a chiropractic billing service is right for you, here are some of the benefits that come along with using one.

Improved Billing Compliance 

Medical billing compliance means that healthcare practices have set up a program to run the practice according to the regulations set forth by the United States Office of Inspector General (OIG). These medical billing compliances are designed to prevent fraud and abuse by healthcare providers. When you are the owner of a practice, you must be well aware of the basics of compliance as even simple billing or coding mistakes might trigger penalties under the False Claims Act.

A chiropractic billing service is always up-to-date on the latest amendments to regulations that go on in the medical field. This means that the medical billing experts from these companies have sufficient experience to know how and when non-compliant activities can be detected and prevent them from affecting filings.

Faster Reimbursements 

Many practice owners only focus on submitting claims with the correct data and expect the insurance companies will reimburse them quickly. However, medical billing is not as simple as that. Submitting accurate claims is just one step in the medical billing process. You have to follow up on submitted claims and have constant communication with payers for the denied claims. Such a delicate follow-up process ensures faster reimbursements which may not be possible with in-house billing staff.

You may have experienced staff and chiropractor billing services, but they may not be aware of payer-specific billing and coding guidelines. A chiropractic billing company can handle the medical claims and find a quick resolution to get you a quicker reimbursement. This leaves your in-house staff to handle other issues and not have to worry about constantly doing follow-ups.

Running a chiropractic practice isn’t easy. If you want a simpler way to handle your billing, then finding the best chiropractic billing service should be on the top of your list.