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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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May 31, 2022
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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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May 31, 2022
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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
May 31, 2022
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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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May 31, 2022
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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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May 19, 2022
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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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May 2, 2022
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Top 5 Signs Your Hair is in Trouble

Hair Loss Doctor

Hair loss is a stressful and emotional experience. Unfortunately, it is an all too common one, affecting 80 million men and women in the US. While hair loss can be a normal part of the aging process, there are other signs that may suggest you are experiencing abnormal hair loss and could benefit from seeing a hair loss specialist.

Please keep in mind that these are general observations and only a qualified hair loss doctor like Dr. Robin Unger can determine if your hair loss is abnormal or not.

If you’re experiencing any of these signs, you need to visit the hair loss doctor for an evaluation:

  • Your scalp has more visible skin showing through your hair
  • Thinning hair on top of your head
  • You’re finding more hair on your pillow than usual when you wake up in the morning.
  • Your ponytail is smaller than it used to be
  • Shedding more than 100 strands per day

The first step to solving any problem is admitting you have one. But even though hair loss is a common issue, … Read the rest

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April 30, 2022
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What to Do Following a Car Accident

Car Accident Lawyer

Following a car accident of any magnitude, you’re sure to suffer from the initial shock and you may not know what to immediately do. While car accidents can be extremely stressful, there are some steps you should take following a car accident. Taking these steps will both help you deal with the immediate aftermath and help you file your claim/lawsuit. 

Your and Others’ Safety is Always the First Concern 

The first thing you should do following a car accident is to make sure that there are no major injuries sustained to yourself or other parties. While you might be tempted to survey the damages inflicted to your vehicle, first check to make sure that all parties are okay. 

Even if you don’t have any immediate injuries or the injuries you have are minor (such as a small bruise or cut), some injuries are internal. That’s why you’ll want to call 911 and have them dispatch EMTs and a police officer. It’s recommended to wait until your condition is checked by a medical professional before undertaking further steps. … Read the rest

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April 13, 2022
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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 … Read the rest

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February 10, 2022
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Statutes of Limitations To File A Lawsuit

In most states, you only have a certain period of time from the date of an accident or injury to file a lawsuit. The timeframe is referred to as the statute of limitations. The federal government and each state have different deadlines for different types of courts cases, both civil and criminal. Keep reading for more information on how statutes of limitations could impact your lawsuit.

Pay Attention to Dates

No matter what the statute of limitations is in your state, you must have your court case initiated by that deadline or risk losing the right to file a lawsuit over that specific incident. In most circumstances, the clock for statutes of limitations begins on the date that the accident occurred. However, in some cases, if you were unaware of your injury initially you may be able to start the clock from the date you became aware of your condition.

Keep Your Options Open

Lawsuits in court are subject to the statute of limitations deadlines, but insurance claims are not. In many situations, an insurance policy was held by the … Read the rest

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February 7, 2022