Is Adultery Grounds for Divorce or Not?
Often when people speak to me about filing for divorce, they speak about how they want to file for divorce on the grounds of adultery. Under Tennessee Code Annotated section 36-4-101, adultery is a basis for terminating a marriage.
However, sometimes parties who are contemplating divorce will attempt to reconcile after the adultery was uncovered. I will ask these people if they have been intimate with their spouse after they learned about the adultery. If the answer is yes, then these people cannot seek a divorce on the basis of adultery.
Tennessee Code Annotated section 36-4-112 states:
If the cause assigned for the divorce is adultery, it is a good defense and perpetual bar to the same if the defendant alleges and proves that:
- The complainant has been guilty of like act or crime;
- The complainant has admitted the defendant into conjugal society and embraces after knowledge of the criminal act;
- The complainant, if the husband, allowed the wife’s prostitutions and received hire for them; or
- The husband exposed the wife to lewd company, whereby the wife became ensnared to the act or crime of adultery.
So, you cannot seek a divorce on the grounds of adultery if you have been intimate with your spouse after learning of their adultery.
Sentencing Options: What is Split Confinement?
If you are charged with a crime, and you are considering pleading guilty, one of the big questions that you will want answered is how you will have to serve your sentence.
Your sentence is your period of punishment for the crime you have committed. The options available are either probation or jail. If you have to serve more than a year in jail, they send you to prison. But we will call them both “jail” for this column.
Usually, your sentence will be either probation or jail. Very rarely we will see someone get a sentence that includes both of these options. That type of sentence is called split confinement.
That means that you would serve a portion of your sentence in jail, and then be released to serve the rest of your sentence on probation.
Specifically, Tennessee Code Annotated section 40-35-306 states, “A defendant receiving probation may be required to serve a portion of the sentence in continuous confinement for up to one year in the local jail or workhouse, with probation for a period of time up to and including the statutory maximum time for the class of the conviction offense.”
So for example, if you are pleading guilty to something that carries an 8-year sentence, part of the agreement may be a split confinement sentence where you serve 1 year in jail and then do the remaining 7 years on probation.
The attorneys at McKeehan Law work in many areas, including divorce, custody, criminal, and personal injury. Contact us today for more information about this legal and other legal issues.
If You Reconcile with Your Spouse, You Can Expunge the Divorce Filings
When a divorce is filed in Tennessee, even if it is an agreed divorce, the divorce is not finalized and completed right away. Tennessee law requires a “cooling down” period to pass before the divorce will be granted to make sure people really do want to get divorced.
If the people have no minor children, they must wait 60 days after the divorce is filed before the divorce is finalized and if the people have minor children, then they must wait 90 days after the divorce is filed before the divorce is finalized.
Not often, but occasionally during this period, a couple will reconcile, and decide to stay married. Good for them! At that point, a dismissal of the divorce case is filed with the court to end the case.
However, what if you want to erase from the public record any proof that the divorce had ever been filed? Tennessee law allows people who have reconciled to have their divorce records expunged so that it is as if the filed divorce never even occurred.
I have to say, I have never had anyone feel the need to expunge the filed divorce that was dismissed, but that option is available.
If you are one of those few who must have their reconciled divorce records expunged, here is the relevant law that applies.
Tennessee Code Annotated section 36-4-127 states, “Parties to any divorce proceeding, who have reconciled and dismissed their cause of action, may thereafter file an agreed sworn petition signed by both parties and notarized, requesting expunction of their divorce records. Upon the filing of such petition, the judge shall issue an order directing the clerk to expunge all records pertaining to such divorce proceedings, once all court costs have been paid. The clerk shall receive a fee of fifty dollars ($50.00) for performing such clerk’s duties under this section.”
The attorneys at McKeehan Law work in many areas, including divorce, custody, criminal, and personal injury. Contact us today for more information about this legal and other legal issues.
Laws Regarding Jails and Prisons
If you read through Tennessee law, there are same fairly interesting laws regarding jails and prisons that are still in place. Jail is generally the place where inmates are held who are awaiting trial or are serving a sentence of less than one year. Individuals who have had their trial and are sentenced to serve more than one year are typically sent to prison.
Let’s run through some short, active laws regarding jails and prisons in Tennessee that may seem a little antiquated:
Tennessee Code Annotated (TCA) 41-1-109 – The warden may, with the consent and advice of the commissioner of correction, make repairs and improvements and build additional cells, as may be necessary, using for those purposes the labor of the inmates as far as practicable.
41-4-109 – The jailer shall furnish adequate food and bedding.
41-4-110 – Male and female prisoners, except husband and wife, shall not be kept in the same cell or room in jail.
41-4-111 – The jailer shall enforce cleanliness in their respective jails. They shall furnish the necessary apparatus for shaving once a week, shall provide bathing facilities separate for males and females, shall furnish hot and cold water, clean and sufficient bedding, and laundering once a week to those prisoners who are not able to provide such for themselves. The jailers shall keep the jails clean and shall remove all filth from each cell once every twenty-four hours.
41-4-112 – It is the duty of the sheriff, where the jail is not fireproof, and so long as any person is confined in the jail, to be constantly at the jail or to have constantly at the jail someone having in possession all keys necessary to liberate all of the prisons in the jail in case of fire.
41-4-113 – The sheriff or other person shall remain in the jail every night from 8:00 p.m. to 6:00 a.m.
41-4-120 – Whenever any officer has to pay necessary expenses for board in guarding a prisoner, the expenses shall be allowed to the officer, to be taxed in the bill of costs not to exceed thirty-five cents per meal each for the officer, the prisoner and the guard.
If you or your loved one is facing incarceration, contact an experienced attorney at McKeehan Law Group for help today!
Are Brass Knuckles Illegal in Tennessee?
We have all seen the movie where the good guy is about to enter into an epic fist fight with the bad guy. As the two of them stare each other down, we watch the bad guy put on a set of brass knuckles so he can inflict maximum pain on the good guy.
This makes sense since he’s the bad guy, but his very possession of brass knuckles is against the law in Tennessee. Learn more about prohibited weapons in Tennessee here.
Tennessee Code Annotated 39-17-1302 states: A person commits an offense who intentionally or knowingly possesses, manufactures, transports, repairs or sells: an explosive or an explosive weapon; a device principally designed, made or adapted for delivering or shooting an explosive weapon; a machine gun; hoax device; knuckles; or any other implement for infliction of serious bodily injury or death that has no common law purpose.
The law goes on to list some exceptions when people can use and keep these items, but generally it is illegal to even own these items. To own brass knuckles is a Class A misdemeanor.
After reading this law, I am really interested to know what in the world qualifies as a hoax device.
If you need a defense attorney in criminal court for this offense or others, contact an experienced attorney at McKeehan Law Group today!
How Long Does a Divorce Take in Tennessee?
The real answer to the question "how long it does it take to get a divorce in Tennessee" is “however long it takes”. However, you can estimate some numbers to answer the question. Most divorces take two to six months to work their way through the system. Of course, contested divorces can take much longer.
“Quickie” Divorce in Tennessee
As your Knoxville divorce attorney can further explain, Tennessee offers two forms of divorce: uncontested and contested. By Tennessee standards the uncontested form is as quick as they come. A divorce is considered uncontested when both parties agree to mediation, remain basically on the same page about the divorce and share no minor children But even when no children are involved and both parties are on the same page, you must wait through a mandatory 60-day period after filing in the courts to finalize.
To have your divorced finalized within two months, you and your opposing party must come to an agreement via mediation, rather than challenging the divorce in court. In most cases, the splitting of marital assets through mediation can save you much time and money.
What If We Go to Divorce Court?
In a contested divorce, two parties who cannot agree through mediation or have shared minor children find themselves facing off in court. This changes the length of time it takes to get a divorce in Tennessee drastically.
However, even with court proceedings, the divorce process can move quickly once the 60-day waiting period ends and a court date is established. If litigations over disagreements don't bog everything down, parties can achieve a quick solution. Even in court, a divorce can be final in a matter of weeks.
Divorce Can Take a Very Long Time
What if those seeking a divorce cannot agree on anything from division of assets to child custody? In those cases, how long might a divorce take?
Though longer than an uncontested divorce may take, even in contested divorce where everyone ends up in court most cases wrap up within 6-18 months. Be forewarned that particularly contentious divorces can take years to become final. Some other factors that might increase the time taken for a divorce to finalize include:
- At least one spouse must have a Tennessee residency for at least six months. Plus, children living outside the state complicate custody arrangements, which could prolong the process.
- Before any case appears before a judge, the filing spouse serves a summons on the other. The person receiving the summons has 30 days to respond or file a counter complaint. If that spouse serves in the military, the court may award extra time, depending upon circumstances.
- Tennessee courts require both parents of minor children to attend and complete a parenting class to learn how divorce impacts children.
- Also, affecting divorcing parents of minor children, a Tennessee divorce court requires parties to attend a facilitated mediation. Its goal being to guide parents into a parenting plan agreeable to both parties.
Hire a Knoxville Divorce Lawyer
When filing for divorce in Knoxville, TN, the person represented by a local attorney sometimes has the upper hand in court. Contact Jed McKeen at McKeehan Law Group today for your free consultation.
Personal Injury FAQs
Severe personal injuries occur because of unexpected events. If you’ve been injured suddenly, you may not know what to do to pursue justice and compensation. A personal injury claim handled by experienced attorneys makes it possible to do just that. Although a personalized consultation is necessary to learn more about your injury, below we look at some of the most common questions about these claims.
What to Consider Before Hiring a Personal Injury Attorney
Q: What injuries qualify a victim for a personal injury case?
A: The type of injuries that trigger a lawsuit case vary widely. Some examples include, but are not limited to, the following:
- Fractures
- Burns
- Brain or spinal cord injury
- Scarring or disfigurement
- Loss of limbs or other body parts, as result of injury
Q: When should you hire a lawyer?
A: Technically, the process never requires an attorney. However, the success rate of cases improves substantially once counsel is in place. If you decide to hire a personal injury lawyer, it’s best to do so as early in the process as possible.
Q: How much does it cost to hire a personal injury attorney?
A: Our Knoxville personal injury attorneys offer a free consultation to anyone wishing to hire us. In this meeting, our attorney can offer a view into the fee structure. Sometimes a personal injury attorney charges a percentage of compensation won in a personal injury, but this is something to review with your lawyer.
Questions About Your Lawsuit
Q: Will we end up in a trial for my personal injury case?
A: The quick answer to this question is ‘no’. In most cases claims can be settled before a trial is required. A good personal injury attorney guides their clients to a fair settlement, but also advises to go to trial, if the offer isn’t enough.
Q: How long will it take to resolve my case?
A: Unfortunately, the answer to this question varies. Once the case gets rolling your attorney may be able to offer an estimate, but things rarely go smoothly, and delays can occur. Everyone involved in the process needs to be patient.
Q: How much can I get in compensation?
A: No attorney can predict how much you might get in compensation before meeting with you to learn all the facts around your case. If they do, don’t trust them. Period. Experienced personal injury lawyers, like those at McKeehan Law Group, may be able to give you a range to expect after meeting with you. This range is generally based on other cases they’ve handled.
To offer you some information, the amount of money you may get depends on circumstances. This calculation may be based on the following:
- Present and future medical bills from treatment of your injury
- Proven loss of income
- Costs of rehabilitative treatment
- Costs of assistive devices, technology and modifications necessary to adapt to life with your injury
- And in some cases, pain and suffering. Because there are no direct costs associated, proving pain and suffering loss presents a challenge. It is a subjective amount.
Contact the McKeehan Law Group for more information or free consultation by calling (865) 294-8008 or send us a message.
Are DUI Checkpoints Legal in Tennessee?
We've all been there. Driving down a Tennessee road to suddenly see a lot of blue lights flashing and cars slowing down. Checkpoints for any reason can be stressful, but DUI checkpoints sometimes result in disaster for a driver. The best way to avoid trouble at a DUI checkpoint is to not drink and drive. However, the flaws in some sobriety tests can result in even a sober person being arrested. Because of concerns it's important to educate yourself about your rights ahead of time.
Important Questions about DUI Checkpoints in Tennessee
Are DUI checkpoints legal in Tennessee?
You might wonder if this sort of random stop is even legal in Tennessee. The answer is yes.
Why does Tennessee allowed DUI checkpoints?
The CDC estimates that one out of ten possible deaths can be prevented by a checkpoint. The safety of Tennesseans can be protected, even as they are inconvenienced.
What rights do drivers retain in a checkpoint?
It is important to remember your rights, if you encounter a checkpoint. Here is a basic list:
- There is no requirement that you go through a checkpoint at all. If legally able to do so, you can turn around.
- You do not have to answer extraneous questions asked during the stop. Officers can only require you provide your driver's license, registration and proof of insurance.
- You can refuse to take a sobriety test, if one if requested by an officer. However, you may encounter excessive pushback or other consequences of refusal.
- Officers need probable cause to search your vehicle. Don't give them one. Have all of your information ready before getting to the front of the line, even if that means pulling over and gathering it ahead of time.
Can you challenge the results of a DUI checkpoint?
You can challenge a DUI arrest from this source, just like all others. As mentioned above, challenging the legality of the stop probably won't get your charges dropped, but you can challenge everything else. In order to present a strong defense, finding a good lawyer can make all the difference. Schedule a free consultation with an experienced DUI defense attorney from McKeehan Law Group today!
Are Tennessee Divorce Records Public?
Divorce proceedings involve discussion of your life's most intimate details. If you end up in court, this all becomes part of the public record. Because of these rules you may be wondering how to protect yourself.
Tennessee Open-Record Laws
According to Tennessee divorce law, most court records must be available to the public. Going through a contested divorce that requires courtroom litigation requires all documentation to be filed. Once filed, these documents are open to the public. Because a lot of private information surfaces during divorce hearings you run the risk of having it negatively affect your life. For example, your employer could discover something that could damage your career. If this all sounds disturbing, you have a couple of options to protect your privacy.
Protect Your Privacy with Mediation
A couple who both agree to end their marriage may find a solution through mediation. In this case you do not meet in court. Discussions during mediation do not result in recorded testimony, meaning your divorce's messy details do not end up in any documentation. Records required to finalize a mediated divorce only contain the agreed-upon outcome and no details of what transpired between parties during the process. And as a result you maintain more privacy.
Protecting your privacy is one of many reasons to work it out with your spouse during mediation, but there are others. One big reason is a requirement by Tennessee law to attempt mediation first, if no children are involved. Working it out in this first step saves time, heartache, and money. (Learn more about mediation here.)
Sealing Divorce Documents to Protect Privacy
If mediation doesn't work and you end up in divorce court, you run into more challenges to protecting your privacy with few solutions. A judge seals divorce papers under some circumstances. If records aren't sealed any documents filed with a Tennessee court clerk are available to the public. Situations possibly calling for a judge's seal can be as follows:
- Records concerning abuse or other sensitive topics involving minors
- Details concerning domestic violence
- Company records: financial or other private data
- Information that might open the door to identity theft, like a Social Security number
- Details about addiction or mental illness
- Potentially libelous claims
You can find the provisions specific to documents filed under seal in the state of Tennessee here.
How Easy Can the Public Attain Divorce Records?
Although technically unsealed divorce records are public, in Tennessee divorces granted after 1970 enjoy some level of protection. To obtain those records from the Tennessee Vital Records Office an individual must submit a request in person or by mail for a fee. However, you must present a legitimate or direct claim to see them and provide all relevant information. This information includes:
- The names of both spouses
- A 5-year range or actual date the divorce was granted
- Plus, knowing the county where the divorce happened is useful.
Knoxville Divorce Attorneys Here to Help
The attorneys of McKeehan Law Group in Knoxville have the experience to assist in your divorce proceedings. Contact us today for a free consultation.
3 Things You Should Know Before Your Court Date
There are many things about which someone preparing to appear in court need to know. In a video series, I answer many of these questions about the law and more. (View them all here.) In today's blog post, we'll highlight some of the basic questions frequently asked about appearing in court.
What should I wear to court?
It's a good thing to need an answer to this question because that means you've never been to court. The answer may vary depending upon the attorney you ask. Watch this video where I explain my views on this topic.
My tips include the following:
- Do NOT wear a suit to court. This is because for most appearances wearing a suit can make you look desperate. There are exceptions:
- People who are facing a murder charge should wear a suit.
- And if you wear a suit in your normal day to day life and are comfortable in it.
- DO wear business casual. Some suggestions:
- That means a dress shirt / button down or nice blouse.
- Nice pants or a skirt.
- A modest dress would be ok.
- Clothing options you definitely should NOT wear:
- Do not wear a t-shirt, particularly one with a slogan. Those can be seen as disrespectful.
- Shorts. In fact, some judges won't even allow them into their courtroom.
Where Do I Sit in the Courtroom?
Seems like a simple topic, but it's not necessarily self-explanatory. You may be on the docket with many other cases, so it is necessary to wait in the gallery. A couple of notes about coming to court:
- One important rule for the courtroom is DON'T BE LATE!
- A physical barrier (a.k.a. a bar) divides the courtroom into two parts. The gallery (audience) sits behind the bar with the judge, attorneys, defendant and other trial participants in front of it. You'll sit in the gallery until your case is called.
- Getting there early enables you to choose a good seat in the gallery. Sit close to front and near the aisle to wait your turn.
- You go in front of the bar when the court calls your case.
- Your attorney may have you sit at the table next to them, or the judge may have you stand in front of the courtroom to give your testimony.
- If you sit at a table, the defendant's table is the one furthest away from the jury box, even if there is no jury present. This helps the judge know right away which is the defendant.
For more information about courtroom seating, watch this video:
Will the Other Side Be There When I Talk to the Judge?
Often on television and in movies you'll see attorneys in conversation with a judge outside the courtroom without the other side present. This may provide great theater on screen, but it almost never happens in real life.
Communication with a judge outside the presence of opposing counsel is called ex parte, which means one party in the case is excluded. The reason we say it almost never happens, instead of a definitive never happens, is in cases of emergency. In order to protect others in situations involving domestic violence or children an attorney may approach a judge outside the courtroom setting. But even in these cases a hearing must take place within 10 days, guaranteed.
I cover this topic with a little more detail in this video:
If you find yourself in need of legal representation, call McKeehan Law Group today at (865)294-8008 or send us the details through our website.