Car Accidents and the Insurance Company – Nashville, Tennessee Personal Injury Lawyer John Jay Clark, Sr.

If you drive a vehicle long enough, sooner or later, you will likely be involved in a car accident. If you live in or around the Nashville area, your chances are probably higher. Blame it on our casual southern temperment or the fact that we southerners seem to have an affliction everytime it rains or, god forbid, snow! Nontheless, accidents happen.  Just becuase you have been the victim of a car accident does not mean that you are entitled to a huge verdict. However, if you have been injured becuase of the negligence of another driver, it is important to know your legal rights. Understand that in Tennessee drivers are supposed to have insurance, but this is not always the case.

If you have been injured as a result of another drivers negligence and that other driver had insurance, chances are you will be contacted by an insurance company representative soon after the accident. Understand that what the adjuster or representative is trying to get from you is information. Most normal people aren’t whiners. Most people when asked the question…”how are you doing”…will respond with “good” or “pretty good” or some like phrase. Again, blame it on our southern sensibilities or our raising not to complain. When that question is asked by an insurance adjuster, be aware, they will use your casual response against you at a later date.

Unfortunatly, injuries that arise from accidents dont always appear at the moment the accident happens. In fact, sometimes it takes days and weeks for the extent of you injury to make it self clear. That which feels like a simple back ache may turn out to be something far more severe.

The sum and substance of this is be wary of making any comments to an insurance company representative or adjuster without first seeking the guidance and counsel of an experienced Tennessee Personal Injury Lawyer. That which seems like casusal conversation may very well keep you from obtaining the damages you are rightfully entitled to.

How are Marital Debts Divided During a Tennessee Divorce – Nashville Tennessee Divorce Attorney John Jay Clark, Sr.

Most divorcing spouses set out who will pay what debts as part of their marital dissolution agreement, which is often referred to as an “MDA”. However, if the parties cannot agree upon a division of debt, the court will make an equitable division of the marital debt. there is a significant distinction between marital debt and separate debt. Likewise, the effect of a court division and/or an agreed division of debt can have serious and often uncontemplated effects upon your financial well being and/or your taxes. Therefore, it is important to seek out the advice and assistance of an experienced Tennessee Lawyer who is knowledgeable of Tennessee laws regarding the division of marital debt.

How is Child Support Calculated in Tennessee – Nashville Divorce Attorney John Jay Clark, Sr.

There is literally an entire set of guidelines that Tennessee Attorneys and Tennessee Courts follow in calculating child support. The Tennessee Child Support Guidelines are set out by the Tennessee Department of Human Services.

Basically, Tennessee follows an “income Shares” model.  The income of both spouses and/or parents is combined and child support is calculated upon this figure. The parent and/or spouse that is required to pay child support is generally required to provide for the basic medical needs, including insurance for the minor children. However, the parties can and should enter into an agreed parenting plan that sets forth the basic responsibilities of the parties to the minor child and/or children. Again, it is a general rule that the parties pay the uncovered medical expenses on a pro rata basis. (Pro Rata basically means that you pay consistent with your income…i.e. one parent makes 60% of the total income and one makes 40%, this would mean that one parent pays 60% of the uncovered medical expenses and one pays 40% of those expenses) Medical insurance, out of pocket payments for regularly anticipated medical services and necessary child care, i.e. day care, is considered in the calculation of child support.

The calculation of child support can have a very significant impact upon your household income. It is important to seek out the assistance of a Tennessee Attorney that is experienced with Tennessee’s Child Support Guidelines.

Child Custody and Tennessee Divorce – Nashville Divorce Attorney John Jay Clark, Sr.

Child Custody issues are difficult during a divorce. This issue above all involves emotions that simply do not fall into a category that can be easily handled. It is essential whenever an issue of child custody exists that you seek out the assistance of an attorney experienced with Tennessee Child Custody Laws.

Tennessee courts place one fact above and beyond all in child custody matters. The courts will ask the question and make a determination of; what is in the best interest of the child? The Court’s take into consideration the interests of children and the continuity of their care as the most significant factors in determining child custody issues. Parents have the right and should address their custody preferences in a “parenting plan.” Unless such a document is prepared and agreed upon by the parties, the court will step in and make the determination. I feel fairly confident in saying that most judges will probably tell you that it is more advisable to agree upon this than to leave it up to the judge.

There is often a misconception with my clients as to custody. I believe much of this is the product of old law and mass media. Many people want to have “sole custody” or “joint custody.” In Tennessee, those terms are not necessarily applicable anymore. Both parents have responsibility to the child. How much “parenting time” a parent spends with the minor child is another issue all together. Unless agreed upon by the parties in a Parenting Plan, Tennessee Courts look at the  comparative fitness of each parent. Under a Tennessee parenting plan, parents are listed as either the “primary residential parent” (where the child resides the majority of the time) or “alternate residential parent”

Child Custody Determinations are not generally permanent and can change as the situations of the child or either parent changes. The determination of custodial issues can and is a very complex and emotional issue. As a result, it is essential that you seek out the assistance of a competent legal professional that is knowledgeable about Tennessee Child Custody laws.

Should I get an Annulment or a Divorce? Nashville Divorce Attorney

Should I get an annulment instead of a divorce? This is a question that I have been asked a number of time. The general answer is simply…NO. Why is this? An annulment sounds so neat and tidy! Well, the fact is that getting an annulment is often more time consuming and difficult than simply getting a divorce. Most lawyers will tell you that Judges simply do not like annulments and there are often very complicated issues involved In most cases it is more advisable and in most every case, less expensive, to go through the divorce process than the annulment process. However, as with anything, there are exceptions to this rule. If you decide to seek a Tennessee Divorce or a Tennessee Annulment it is advisable to seek out the assistance of an experiences Tennessee Divorce Lawyer.

An Annulment is initiated to seek a judicial determination that a valid marriage never occurred between the parties. Tennessee Courts have to determine whether or not the marriage was void or voidable. What is the difference? Well, as with lots of legal speak, the words really matter. A voidable marriage is treated as valid and binding until it is declared null and void by the court. A voidable marriage can be made valid by the parties; a void marriage on the other hand cannot ever be made valid. Whether it’s void or voidable, a court must make the determination.

How can a marriage be void?

A marriage is void when:

(1) either party was already lawfully married

(2) the parties are within prohibited degrees of kinship (in other words, you are closely related to this person by blood)

(3) for any other reason, the marriage was prohibited by law, and its continuance is in violation of law

           

            Okay; so what is a voidable marriage?

 

A marriage is voidable when:

(1) Either party was insane (A medical professional must make this call. It cannot simply be your opinion, regardless of how justified it may be)

(2) the complainant (the person seeking the annulment) was under duress at the time of marriage.

(3) a party was under the age of consent

(4) the consent was obtained by force, or fraud, and was given by mistake

(5) the defendant was impotent (at the time of marriage and the complaining party did not know of it)

(6) the woman was pregnant by another man without the knowledge of the complainant

(7) for any other reason, the marriage was not binding on the complainant

 

As clean cut as annulment sounds, it is a difficult and extremely time consuming process. If you are contemplating seeking an annulment you are strongly recommended to seek out the guidance and assistance of a competent legal professional who is familiar with Tennessee laws as to Annulment

.

What are the types of alimony available in Tennessee? Nashville Divorce Attorney

There are numerous types of alimony available in Tennessee. What type of alimony you seek and/or obtain is dependant upon your individual situation. Remember, alimony is not guaranteed. The determination of what type of alimony to seek and the amount of any such award is a difficult one and generally requires the asisstance of an experienced Tennessee divorce attorney.

Tennessee courts recognize the following types of alimony:

Alimony in futuro – This is a commonly thought of alimony but is not necessarily the most common that is awarded in divorce cases. Alimony in futuro is permanent alimony paid to a former spouse until they die or remarry. This type of alimony is often used in marriages of a longer duration.

Rehabilitative alimony – This is a common form of alimony that is used in marriages of a shorter duration. However, as with any issue, this is not a hard and fast rule. Rehabilitative alimony is awarded to a spouse until they are able to reenter the work force and become self-sufficient. This type of support is often awarded to people who left careers to help raise families.

Transitional alimony – This is type of “temporary” alimony paid to one spouse for a specific period of time to assist that spouse in transitioning back to being single. Again, this is often used in marriages of a shorter duration.

Alimony in solido – This type of alimony is often referred to as “lump sum” alimony. This type of alimony can be used in a number of situations and is often used to adjust and for the division in marital property. 

Again remember ALIMONY IS NOT GUARANTEED! Seek out the advice and assistance of an experienced Tennessee Divorce Attorney to assist you with this process.

 

What Is Alimony? Tennessee Divorce Attorney

As attorneys, we often forget that there are terms of art that we use on a daily basis that some of our clients simply do not understand. Yesterday I was asked a simple question; what is alimony? I have used the term so many times that I just assume that everyone knows what it is. However, that is not necessarily the case. So, the following is the short definition of what alimony is:

Alimony is a legal term of art that Tennessee Courts have used to define the financial support of one spouse to another following the dissolution of the marriage. Alimony can be either permanent or rehabilitative. Alimony is also often called spousal maintenance or spousal support, the terms are relatively interchangeable and the use of the individual terms really depends on the attorney you are using. However, the courts understand and use the phrase alimony to define the spousal support obligation. Alimony is paid by one spouse to help maintain the standard of living that a former spouse had during the marriage.

REMEMBER ALIMONY IS NOT GUARANTEED!

When and if you make the difficult decision to go down the road toward a divorce it is essential that you seek out the assistance of an experienced divorce attorney to assist you with the process. There are numerous issues that go into the determination of whether or not you are entitled to alimony.

How long does a divorce take in Tennessee?

How long does a divorce in Tennessee take?

That’s a tough question.

There are many things that go into how long a divorce case will take. Including, but not limited to, the emotions of the parties, whether it is a fault divorce or no fault divorce, the finances of the parties, whether you have children, etc. Therefore, it is difficult to say with any certainty how long any one individual divorce will take.

In Tennessee,  there are “waiting periods” for divorces. In Tennessee our legislature has provided for “cooling off” periods after the filing of a petition for divorce. Our statutes provide: A complaint or petition for divorce on any ground for divorce must have been on file for sixty (60) days before being heard if the parties have no unmarried child under eighteen (18) years of age, and must have been on file at least ninety (90) days before being heard if the parties have an unmarried child under eighteen (18) years of age. The sixty-day or ninety-day period shall commence on the date the complaint or petition is filed.

As with all divorce and/or family law matters it is essential that you seek out the assistance of an attorney knowedgable with Tennessee divorce and family law.

Can you get a no fault divorce in Tennessee?

As with any legal question it is not only advisable but recommended that you seek the advice of a competent legal professional.

Tennessee Courts recognize fault and no fault divorces. However, there are only two (2) true no fault divorce grounds. Those grounds are:

• Irreconcilable differences 
•  living separate and apart without cohabitation for 2 years when there are no minor children

Many divorces proceed upon the grounds of Irreconcilable Differences. This does not mean that the parties dont have objections as to the distribution of assets or custody of the children, but simply agree that they need to get a divorce. Even in irreconcilable divorce situations the finacial and custodial issues can get extremly complex. It is therefore essential that you seek out the guidance of a competent legal professional to assist you through the process.

Nashville Personal Injury Law/Auto Accidents How long do I have to file suit in Tennessee?

Over the years I have encountered a number of people with questions ranging from the mundane to the intense regarding auto accident cases. However, a recurring question that I am asked is; how long do I have to file my lawsuit? With that question I usually have to follow-up with a question; is it a bodily injury claim or a property damage claim?

The simple answers to these questions is as follows:

In Tennessee a party has One (1) year to file suit for personal injury and/or bodily injuries arising from the negligence of another person.

In Tennessee a party has Three (3) years to file suit for property damage caused by the negligence of another person.

Of course, as with any area of the law there are some exceptions to these rules.

It is always advisiable to seek out the assistance, guidance and advice of a competent legal professional when you have questions regarding any type of legal issue.

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