Protecting your inheritance in a divorce
Evans Bulloch Parker PLLC | Middle Tennessee Legal Blog
by willcrainexela
1w ago
Divorce is sometimes the right option for Tennessee couples, but many people going through divorce still worry about how the process will impact their finances. This is especially true if you own separate property that you want to keep separate. You may have just received an inheritance that you do not want to share with your spouse. Tennessee law follows an equitable distribution model when dividing marital property, which means marital property is divided fairly. Inheritances are generally considered separate property, which means you do not have to share it with your spouse. How an inherita ..read more
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Federal and state charges for fraud
Evans Bulloch Parker PLLC | Middle Tennessee Legal Blog
by willcrainexela
3w ago
Most crimes are charged under state law. For instance, a person accused of robbery in Tennessee is typically charged under Tennessee law and put on trial in a Tennessee court. Other crimes are charged exclusively under federal law. For instance, counterfeiting money is illegal under federal law, and the federal courts handle the prosecution of anyone charged with counterfeiting. However, there are also many laws that can be charged under either federal or state law, depending on the circumstances. This is the case with fraud. Fraud is a category In the eyes of the law, the term “fraud” applies ..read more
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Invalidating a prenuptial agreement in Tennessee
Evans Bulloch Parker PLLC | Middle Tennessee Legal Blog
by indraneildeyexela
1M ago
Many couples who are contemplating a second or third marriage are frequently advised to consider signing a prenuptial agreement. Such agreements are helpful in distributing the couple’s assets if the new marriage ends in divorce, but some pre-nups turn out to be grossly unfair toward one of the parties. If this unfairness is discovered after the agreement has endured for several years, the party who suffers from the unfairness often seeks a way out. Fortunately, in Tennessee, the state provides several methods of escaping from an unfair pre-nup. Failure to follow the formalities In Tennessee ..read more
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How are expensive animals handled in a divorce?
Evans Bulloch Parker PLLC | Middle Tennessee Legal Blog
by willcrainexela
2M ago
In a divorce that involves expensive animals, like horses, show dogs or exotic pets, the issue of pet custody is emotionally charged. Unlike some states, Tennessee treats pets as personal property subject to equitable distribution in divorce proceedings. This can significantly impact how expensive animals are split during your divorce. Equitable distribution Equitable distribution means fair division, not an equal division. The court considers factors like the duration of the marriage, each spouse’s contribution to the property, economic circumstances, tax consequences and any other relevant f ..read more
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When does possession become drug trafficking?
Evans Bulloch Parker PLLC | Middle Tennessee Legal Blog
by gturnercontentcustoms
2M ago
Many people who are arrested for drug crimes in Tennessee face possession charges. Police officers discover drugs in someone’s possession or on their property and arrest them. The state then uses evidence about the presence of those drugs to justify criminal charges. Sometimes, those preparing to defend against criminal charges in Tennessee receive a real shock at their arraignment hearing. The prosecutor announces that they want to pursue drug trafficking charges instead of basic possession charges. When is it possible to pursue trafficking charges against someone instead of simple possession ..read more
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When do Tennessee drug charges escalate to federal criminal charges?
Evans Bulloch Parker PLLC | Middle Tennessee Legal Blog
by willcrainexela
2M ago
When facing drug charges in Tennessee, the distinction between state and federal charges hinges on various factors. While both jurisdictions criminalize drug offenses, federal charges often come into play under specific circumstances. This post aims to shed light on common scenarios leading to federal drug charges in Tennessee and the potential repercussions individuals may encounter. State versus federal drug laws Both Tennessee and the federal government enforce laws prohibiting drug-related activities, classifying controlled substances based on their abuse potential and medical utility. Whi ..read more
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Signs that your spouse might want a divorce
Evans Bulloch Parker PLLC | Middle Tennessee Legal Blog
by gturnercontentcustoms
3M ago
Recognizing the signs that your spouse may be considering divorce is crucial for navigating the complexities of a changing relationship. While every marriage is unique, certain behaviors can indicate a partner’s inclination toward ending the relationship. Understanding these signs can help you prepare for divorce if there’s no hope of restoring the relationship. Decreased communication A significant reduction in communication can be a telling sign of marital distress. If your spouse is less interested in sharing thoughts, feelings or daily experiences, it may indicate they are withdrawing from ..read more
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How depositions give you an edge in your federal criminal defense
Evans Bulloch Parker PLLC | Middle Tennessee Legal Blog
by indraneildeyexela
3M ago
When you’re facing federal criminal charges, prosecutors are going to pounce on incriminating physical evidence and witness testimony. If you leave that evidence unchecked, then a jury may find you guilty of the offense with which you’ve been charged. However, one way to dampen the strength of the prosecution’s case is to depose their witnesses. How depositions could help your federal criminal case Depositions, the process of taking sworn testimony outside of court and before trial, can be a powerful tool. Depending on the facts of your case, they may allow you to do the following: File a moti ..read more
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Who gets the retirement accounts in your divorce?
Evans Bulloch Parker PLLC | Middle Tennessee Legal Blog
by willcrainexela
3M ago
One of the most complex issues in many high-asset divorces involves dividing retirement accounts. Under Tennessee divorce law retirement accounts are typically subject to property division, and must be divided in a way that meets state guidelines of fairness. However, not all segments of retirement accounts qualify as marital property; only the portion amassed during the marriage is subject to division. Any funds accrued before the union or after separation remain the separate property of the owning spouse. Retirement accounts, generally There are many types of retirement accounts, including p ..read more
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What exactly is racketeering?
Evans Bulloch Parker PLLC | Middle Tennessee Legal Blog
by gturnercontentcustoms
3M ago
Someone who is facing criminal charges in Tennessee needs to understand the allegations against them to craft a strong defense strategy. Some charges are straightforward. Drug possession and impaired driving charges involved very specific circumstances and, therefore, have very straightforward requirements for prosecutors. Other types of charges are more complex and may apply in a broad range of different situations. Racketeering is a perfect example. Someone accused of racketeering may question whether they broke the law at all and may not understand the nature of the charges they face. What ..read more
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