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Can You Seek Help Through Civil Litigation? 6 Common Cases

Mon, 28 Jun 2021 07:26:07 GMT

Do you need to address a wrong another party committed toward you? Then you may need to use the legal tool of civil litigation. What types of issues can you use civil litigation to solve and how? Learn what you need to know about six of the most common types of civil lawsuits.

1. Personal Injury

While many people think of a personal injury as a physical injury - such as a car or bike accident, injury during an altercation, or slip-and-fall accidents - the injury may be of many varieties. For instance, personal injury litigation may stem from defective products, defamation, or even fraud.

Personal injury claims can be long and arduous, but they are some of the most important civil litigation a person will enter into. This is because the person needs financial resources to help them recover and rebuild for life.

2. Rental Issues

Both landlords and tenants may pursue compensation due to disputes involving rented homes or businesses. Landlords may start litigation to seek an eviction for a tenant who won't leave after violating their rental agreement. But tenants may be able to sue their landlords to get back security deposits and rent or for damages to their own belongings due to the actions (or inaction) of the landlord.

3. Contract Claims

Business owners, tradespersons, and entrepreneurs often become involved in litigation over the breach of a contract. However, an individual may sign a number of contracts over their lifetime, and they must also be aware of their right to seek damages for financial losses wherever they occur.

Breach of contract happens when one party fails to complete all or substantially all of a legal contract. While most contract suits occur after the terms of the contract are over, some may start preemptively to attempt to mitigate the damage.

4. Equitable Claims

Not all civil cases must wait until a defined financial loss has already occurred. Equitable claims are cases when one party sues to prevent another from doing something harmful or provide nonmonetary relief. These can be time-sensitive and often involve dangers to your finances, health, or happiness.

For instance, if a rival company learns your company secrets and plans to use them to undermine your business, you may need the court to prevent them from acting. Waiting until you have a financial loss will be too late. Equitable claims can stop such actions - or force a party to comply with a contract instead.

5. Labor Disputes

Compliance with employment and labor laws is often litigated in two arenas. First, employees can generally go to government oversight agencies, such as a state labor board, to report wrongdoing to the appropriate agency.

The second means to seek help is through a related civil court case. This is because, even if the labor board finds that your employer has discriminated against you and other employees, this may not help you if you were already fired for reporting it. In this case, you may seek compensation with monetary damages from that employer.

6. Divorce Cases

Finally, divorce cases are civil lawsuits involving two spouses who have not come to a divorce agreement outside the court. This type of case is somewhat different because it doesn't involve a preponderance of evidence or a single winner or loser. Rather, it is a request for the judge to rule on terms the couple has not been able to work out, often by applying state guidelines.

Learn More

Do you think that a civil lawsuit could help you recover your finances or prevent a burdensome loss? If so, the best place to start is to learn more about this often-unfamiliar process. The Law Office of Joe R. "Jay" Johnson, II , can help Tennessee residents seek what they need through civil litigation. Call today to make an appointment.

Tips to Minimize Divorce Conflict

Mon, 28 Jun 2021 07:25:58 GMT

Divorce conflict can lengthen your divorce process, increase your divorce expenses, and create longlasting animosity between you and your ex-spouse. However, you can often avoid conflict if you proactively set out to avoid it. Below are some practical measures to minimize divorce conflict.

Understand the Uniqueness of Divorces

Divorces take different routes, and each one is unique. Don't expect your divorce to resemble a friend's or colleagues. Maybe the divorced couples you know focused more on winning than conflict avoidance, but you should aim for an amicable divorce. Even if you have firsthand divorce experience, don't expect your subsequent experience to be the same.

Try Alternatives to Litigation

Litigation is more likely to fan conflict than alternative forms of divorce. Instead, try alternative forms of divorce, such as:

Mediation , which is where a professional mediator guides your negotiations so that you can reach an amicable agreement.
A collaboration where each of you retains an attorney, but you agree (written agreement) to avoid litigation - you must hire new attorneys if you opt for litigation.
Arbitration , which is where a legal professional (such as a retired judge) listens to your submissions and issues a ruling.

Even if litigation is inevitable, you should settle as many issues as possible outside the courtroom.

Focus on Fairness

Unfairness is a common cause of conflict in divorce. For example, your spouse might be bitter and start retaliatory tactics if they feel that you will leave the marriage in a better financial position than them. The divorce settlement should be fair in terms of:

Child support
Child custody and visitation
Spousal support
Debt division
Asset division

Note that fairness doesn't always mean equality. For example, an ill spouse with limited income opportunities deserves a more generous settlement than a healthier spouse.

The best way to practice fairness is to:

Consider your respective incomes
Consider the marriage length
Consider your respective ages
Be utterly honest

Don't forget that the court will also practice equitable distribution if your marriage ends up in court.

Seek Relevant Professional Help

A divorce can be complicated if you don't know what to do. The complications can frustrate you, and you might end up taking out your frustrations on your partner.

To prevent this downslide, consult with relevant professionals to help you simplify the process. For example, you may need:

A tax attorney to help you understand the tax implications of your decisions, such as selling a marital business and dividing the proceeds
A therapist to help you with your mental health
A financial professional , such as an accountant, to help you figure out your finances

Your attorney will advise you on the professionals you need depending on your circumstances. The attorney may also refer you to dependable professionals with whom they have worked before.

Understand Divorce Law

Divorce law varies by state. Educate yourself on Tennessee divorce law so that you can:

Prepare for the negotiations
Anticipate prospective problems
Manage your expectations
Avoid illegalities

For example, Tennessee uses the Income Shares Model to determine child support. The formula considers your respective gross incomes plus the number of children you have. If child support is an aspect of your divorce, you'll need to understand how the formula works so that you can make informed decisions during negotiations.

Practice Self-care

Take care of yourself during the divorce process. Mind your physical and mental health. Specifically, you should:

Eat healthy foods and don't skip meals.
Get adequate sleep.
Continue to mind your finances.
Don't rely on alcohol or drugs to drown your sorrows.

Self-care will lift your mood, keep your mind sharp, and help you make rational decisions.

An experienced divorce lawyer can help you minimize divorce conflict. The Law Office of Joe R. "Jay" Johnson, II, has been practicing family law for decades. Contact us for a consultation to determine the best approach for your divorce.

Filing for Divorce in Tennessee

Mon, 28 Jun 2021 07:25:56 GMT

State laws govern divorce processes, and there are subtle variations by state. A seemingly simple mistake, such as the wrong service, can mess up your divorce process. Ensure you get everything right from the first. Below is an overview of the divorce process in Tennessee.

Meet the Residency Requirement

The first thing is to confirm that you meet the state's residency requirements. Tennessee requires you to have lived in the state for at least six months before you can file for a divorce. If you haven't been in the state that long, you either have to wait or file your divorce elsewhere.

However, the waiting period doesn't apply if one of you is a military member stationed in the state but has a permanent residence elsewhere. In such a case, you must be in the state for at least one year before you can file for divorce in a local court.

Decide on the Type of Divorce

If you meet the residency requirements, the next step is to determine the type of divorce you want. Tennessee recognizes two forms of divorce.

No-Fault Divorce

Uncontested divorce, which is also called agreed divorce or no-fault divorce, applies if you have both agreed that it is in everyone's best interest to divorce. You don't have to prove to the court why your marriage has ended. In this case, you list your reason for divorce as irreconcilable differences.

Fault Divorce

You choose a fault divorce if you wish to prove to the court that your spouse's behavior is responsible for your marriage's breakdown. The state recognizes over a dozen grounds for divorce . Examples include:

Adultery
Willful desertion of at least one year
Impotence
Cruelty or inhumane treatment of the partner

Whichever ground you choose, be ready to prove and defend it in court. Partners might also raise their counterclaims.

File Your Divorce

The next step is to fill and file your divorce papers. Some of the forms you may need:

Divorce Complaint
Marital Dissolution Agreement
Agreed Permanent Parenting Plan

The exact forms depend on whether you want to file a contested or uncontested divorce. Once you have the right forms, take them to the Clerk of Court in your county, and pay the filing fee. Ideally, a divorce attorney should go over your forms to ensure that you have everything right.

Serve Your Spouse

The next step is to notify your spouse by serving them the divorce papers, which you have filed for divorce. All states have specific rules for serving divorce papers. In Tennessee, you can:

Use a process server, who can be anyone over the age of 18 who is not a party to your divorce case. The state doesn't have licensing requirements for process serves.
Use a local sheriff.
Use an adult family member or friend.
Use certified mail.
Publish the service in a local newspaper. The court will only permit this last option if you can prove that you can't locate your spouse. The court also chooses the newspaper.

Follow the regulations so that your spouse cannot claim that you didn't serve them your divorce papers.

Wait for the Cooling Off Period

Lastly, you should know that the court won't start working on your divorce right away. Tennessee has a cooling-off period or waiting period. The cooling period allows you to change your mind if you so wish, especially if you had rushed to file for divorce. The cooling-off period is 60 days if you don't have minor children and 90 days if you have minor children.

The Law Office of Joe R. "Jay" Johnson II can help you through the process and ensure you get everything right. Contact us for a consultation to start work on your divorce as soon as possible.

What Do the Chapters in Bankruptcy Mean? A Guide

Mon, 28 Jun 2021 07:25:47 GMT

Bankruptcy is an important legal tool for anyone struggling with past debt issues or a current financial crisis. But while the word may be familiar to most Americans, the specifics of the bankruptcy process are often more of a mystery. To help you navigate bankruptcy in the most successful way possible, here is a short guide to the idea of bankruptcy chapters and what they mean for you.

What Are Bankruptcy Chapters?

When talking about bankruptcy, you may often hear the term "chapter." This refers to sections, or chapters, of the United States Bankruptcy Code. These sections each provide different paths for bankruptcy, including both liquidation and repayment. They may also be targeted at different claimants, such as farms, cities, or individuals.

Each person or business filing bankruptcy chooses one chapter and follows the rules for seeking protection under it. You must qualify for each chapter, so some debtors have only one option and others may have several choices.

What Are the Main Chapters for Individuals?

Individuals seeking debt protection generally choose from Chapter 7 and Chapter 13.

Chapter 7 is what most people think of when they think about bankruptcy: liquidation of assets. In this bankruptcy method, your nonexempt assets would be liquidated (or sold) and the money put into a pool of funds with which to pay creditors in a certain order. The bankruptcy court appoints a trustee to handle this fairly. When these funds are depleted, the remaining debts are wiped off and the claimant exits bankruptcy.

Chapter 13 is a less commonly known but important option. Instead of liquidating assets and paying creditors in one lump sum, Chapter 13 creates a repayment plan. This plan is drawn up by the debtor but must be approved by the court. Payment plans generally last between 3 and 5 years. Once that timeline is completed, remaining unsecured debts may be discharged and the debtor exits bankruptcy.

What Are the Main Chapters for Businesses?

The chapters available to businesses depend on the type of business. Sole proprietorships are inextricably linked to the individuals who own them. The individual is the business. Therefore, a sole proprietor would claim bankruptcy through Chapter 7 or Chapter 13, and business assets would be considered in either a repayment plan or liquidation. Partners generally also use personal bankruptcy chapters.

Incorporated businesses have similar options to individuals in the form of Chapter 7 and Chapter 11. Chapter 7, as with personal bankruptcy, is the liquidation of the company's assets to pay creditors and close.

Chapter 11 is known as reorganization bankruptcy and operates like Chapter 13 repayment plans. With this strategy, the business designs a plan that addresses the root causes of the bankruptcy and offers suitable resolution within a certain period of time. If the court approves this plan, the company gets the time to make payments to creditors and get itself back on firm footing.

Finally, certain chapters address the needs of particular organizations. Chapter 12 bankruptcy is designed specifically for farmers (and fishermen). Small businesses filing Chapter 11 may also qualify to get special allowances to make their case more streamlined and appropriate to their small size. And municipalities can file for protection under Chapter 9.

Where Can You Learn More?

Understanding the different chapters in the bankruptcy code is key to choosing the best path for your own. Your best source of information and guidance is an experienced bankruptcy attorney in your state.

Tennessee residents and businesses alike have relied on The Law Office of Joe R. "Jay" Johnson II for more than two decades. We will help you choose the right options no matter what your circumstances. Call today to make an appointment.

Why the Court Might Order for Supervised Visitation

Mon, 28 Jun 2021 07:25:44 GMT

Courts sometimes call for child visitation to occur under the supervision of another adult. The third party can be a family member or social worker. Below are some common reasons for supervised visitation.

Noncompliance

The court can modify the visitation schedule and call for supervised visitation if the noncustodial parent doesn't comply with the original schedule. For example, this may happen if the noncustodial parent repeatedly returns the child late after the visitation period. However, the custodial parent has to inform the court about the noncompliance for the court to act.

Child Abuse

Family courts consider children's safety and well-being first in their decisions. Therefore, anything that constitutes child abuse, negligence, or endangerment can trigger supervised visitation. For example, the court can order supervised visitation if:

The noncustodial parent doesn't provide the child with food during extended visits.
The court suspects the noncustodial of physical abuse.
The court suspects the noncustodial parent of sexual abuse.
The noncustodial parent takes the child to adult-only places, such as bars.

In short, a parent who places the child in danger is more likely to get supervised visitation.

Drug Abuse

A parent's drug use can harm a child in multiple ways. For example:

The child might start using drugs due to the parent's influence.
The parent might mistreat the child when intoxicated.
The parent might involve the child in illegal activities, such as drug peddling.

All these are possible since intoxication impairs judgment. Thus, drug abuse can trigger supervised visitation to minimize the effect of the parent's drug abuse on the child.

Mental Illness

A mentally ill parent also requires supervised visitation. A parent's mental illness can harm the child, mostly unwittingly, in several ways. For example, depending on the degree of the illness, the parent might:

Fail to meet the child's nutritional needs
Fail to meet the child's medical needs
Emotionally abuse the child

The danger is even greater if the parent's mental illness is unpredictable or they have a history of violence.

Incarceration

Incarceration doesn't automatically deny a parent their visitation rights. The parent can still visit with the child if the circumstances allow. However, the child will visit the parent and not the other way around. In addition, the court is likely to supersize the child's visit. The court can often only stop the visitations if the situation harms the child.

Parental Absence

A parent who has been absent from their child's life is also likely to get supervised visitation. For example, say the noncustodial parent abandoned the child and their mother a few months after the child's birth. If the two haven't interacted and the child is now ten years old, the parent is virtually a stranger to the child. The interaction between the two requires supervision until the relationship strengthens.

Risk of Child Abduction

Lastly, the court can also call for supervised visitation if it suspects that the noncustodial parent might abduct the child. You should suspect parental abduction if the noncustodial parent:

Has threatened to abduct the child in the past
Hasn't always complied with the custody or visitation schedule
Suspects you of child abuse (even if the suspicion is unfounded)
Struggles with mental illness
Struggles with drug abuse

Inform the court if you suspect parental abduction. The court will weigh the available evidence and decide whether it warrants supervised visitation.

Issues to do with child custody and visitation are complex and emotional. Get an experienced and understanding attorney to help you with your child custody or visitation battle. The Law Office of Joe R. "Jay" Johnson, II, has vast experience with family law issues. Contact us today for a consultation so that we can help you with your visitation problems.

Do You Really Want a Contested Divorce? What You Should Know

Mon, 28 Jun 2021 07:25:40 GMT

Divorce is never easy. The process is highly emotional and difficult for many couples, so you likely want to get through it as easily and quickly as possible without sacrificing anything you are entitled to.

For the easiest divorce, you and your spouse should agree on all aspects of your divorce settlement. Sadly, many couples are unable to remain amicable and cannot work together to negotiate in a peaceful manner. In some of the most difficult divorces, one spouse may wish to contest the divorce. A contested divorce means the divorce cannot be final due to the disagreement of one or both spouses on the terms of the divorce.

Ideally, you want to avoid a contested divorce when possible. But if you think a contested divorce is the right option for your marriage, the following are some things to think about.

Are Contested Divorces Stressful?

In most cases, contested divorces are highly emotional and may even be vitriolic on the part of one or both spouses. This creates high levels of stress throughout the divorce. Frustration is normal in a divorce, but fighting and disagreements will exacerbate an already stressful situation.

Can You Prevent a Contested Divorce?

Whether or not you can avoid a contested divorce is up to you and your spouse. Your circumstances will predict how easy or difficult your divorce will be. The easiest way to avoid a contested divorce is to be willing to work with your former spouse to find solutions on different terms.

This is not to say you have to give up everything you want. But you have to be willing to give on terms that may not be as important as you once thought. For example, if you are insistent on keeping your marital home and your spouse wants to sell, you may need to agree to pay your spouse more than his or her half to satisfy that component of the divorce.

To help you prevent a contested divorce, make a list of the items you are unwilling to budge on alongside those you can compromise. Try to keep the list as even as possible. This should help you and your attorney work with your spouse and their respective attorney on the terms of your divorce.

Why Should You Avoid a Contested Divorce?

A straightforward divorce is always much easier than a contested divorce. Not only is a contested divorce more stressful but it also includes more paperwork. Typically, a divorce requires a petition you file with the court, a negotiation of the terms, and a finalization before a judge.

Additionally, a typical divorce is less expensive than a contested divorce. When you or your spouse contests the divorce, you have to spend more time on the divorce process. The faster you get through your divorce, the quicker you'll be able to get back to your day-to-day life and job.

In less practical terms, a contested divorce is more emotionally draining than a typical divorce. A contested divorce means one or both of you have a disagreement so vital that you cannot finalize the process until you make a decision.

When you are unable to decide, you leave the decision to the judge. If the issue is emotionally charged , such as child custody, chances are you will be highly upset if the decision does not go your way. If you can agree on these sensitive matters, you all will come out of the process emotionally intact.

Your divorce attorney will help you both negotiate the terms of your divorce as much as they can. However, the final decisions come down to how willing you both are to work together and make sound decisions that will benefit everyone. For assistance with your divorce, please contact us at the Law Office of Joe R. "Jay" Johnson, II .

Bankruptcy Can Help Reorganize or Liquidate Your Small Business

Mon, 28 Jun 2021 07:25:37 GMT

Making a small business profitable is very difficult. Many small businesses come to a point where their debts seem overwhelming. The proprietors have typically tied a lot of their own finances into their small business.

If you run a small business with significant financial struggles, you may be contemplating bankruptcy. As a small business owner, you have three avenues available to you.

Chapter 7 Bankruptcy

Chapter 7 bankruptcy is the liquidation option. It's best for sole proprietors, especially in service oriented fields with little equipment to sell as assets. With Chapter 7 bankruptcy, the courts view your debt and your business's debts the same. If you pass the means test, or if your business debt is greater than your personal, you may be able to get your debt discharged.

Once you file for Chapter 7, a court-appointed trustee takes over all your non-exempt assets and sells them. At that time, your debt is discharged and you no longer have any obligation to pay creditors.

Pros and Cons

The main drawback of Chapter 7 bankruptcy is it only discharges an individual's debts. So, if you're in partnership for your business, the business debts won't be discharged. The other drawback is you have to shut your business down.

That said, people usually consider Chapter 7 bankruptcy when they're on the verge of closing their business anyway. A benefit of Chapter 7 is it affords you the opportunity to wipe the slate clean and start over. You can use bankruptcy exemptions to preserve your home and tools of the trade, so you could conceivably open another business down the road.

Chapter 11 Bankruptcy

Chapter 11 bankruptcy is one of two options to reorganize your business. It works well for partnerships and any business that's generating regular revenue. Businesses file for Chapter 11 when they have too much debt but they have viability if they can restructure it. It's also for proprietors whose income is too high to qualify for Chapter 13.

With Chapter 11 bankruptcy, you still have a court-appointed trustee. However, you file your own detailed plan of how to deal with your creditors, which can include the termination of leases and contracts. The goal is to restructure your business debts so it returns to profitability.

Pros and Cons

The drawback to Chapter 11 bankruptcy is it relies partially on your creditors to approve the reorganization plan. The court must also approve. Because of the complexity, you may have to wait over a year for approval.

The advantage of Chapter 13 is it puts you back on the path to profitability. Your business doesn't shut down, and you're able to reorganize your finances so they're manageable. Under Chapter 11, you maintain the management of your own business during the process.

Chapter 13 Bankruptcy

Chapter 13 bankruptcy is only available to individuals, not businesses. Therefore, it's only applicable to businesses that have sole proprietors. Chapter 13 works similarly to Chapter 11. Besides only being available to individuals, the main difference is the debt limits. You can't exceed predetermined amounts for both secured and unsecured debt.

With Chapter 13 bankruptcy, your personal and business debts come under the purview of the trustee. You still have exemptions, but assets outside of the exemptions may be sold to pay back creditors. You have a similar reorganization plan and three to five years for paying back the money.

Pros and Cons

The main drawback to Chapter 13 is its limited availability to small businesses. Chapter 13 only discharges personal debt, not business debt. The length of time of the repayment plan can disqualify you if your business doesn't bring in enough revenue for you to be able to meet the repayment fees.

Chapter 13 works best for businesses with limited debt. You get to keep running your business, which means you can protect all your business assets. As part of your repayment plan, you may be able to cram down some loans so that you're only paying what the property is currently worth.

If you think one of the above plans is what's best for your small business, call The Law Office of Joe R. "Jay" Johnson II for guidance.

How Will Bankruptcy Affect You?

Mon, 28 Jun 2021 07:25:35 GMT

Many Americans struggle with debt, and while some minor debt can be easily repaid, a high debt-to-income ratio makes it hard to keep up on your bills. Bankruptcy is a process that allows you to discharge nearly all unsecured debt such as medical bills, car loans, home loans, personal loans, credit cards, and lines of credit.

If you think you may need to file for bankruptcy, but you are scared, check out how it will affect your credit score and report, as well as your potential for new loans.

It Will Cause Your Credit Score to Drop

Your credit score is based on many factors, but one of the most important is payment history. In fact, payment history makes up 35 percent appears to be an empty link with target https://www.experian.com/blogs/ask-experian/credit-education/scorebasics/what-affects-your-credit-scores/ of your FICO® score. Lenders care about your payment history because it shows them if you are likely to miss payments or pay bills late. If they determine you are too high of a risk, they won't lend, or they will give you a huge interest rate.

When you file for Chapter 7 bankruptcy, the process is relatively fast, but it's not immediate, and while you file bankruptcy, your attorney will advise you to stop paying the bills. This can cause your credit score to drop a few points or a few hundred points. Once you are out of bankruptcy, you can begin improving your credit score again.

If you qualify for Chapter 13 repayment bankruptcy, your attorney will still instruct you to stop paying bills. However, Chapter 13 bankruptcy takes years because you must repay some of the money. For this reason, you can work on boosting your credit score before your bankruptcy has been discharged.

It Remains on Your Report for Years

Bankruptcy remains on your credit report for years so lenders can see that you may be a high risk. If you file Chapter 7 bankruptcy, it stays on your report for 10 years, but Chapter 13 bankruptcy only remains on your report for 7 years. Plus, lenders may be more inclined to lend to someone who recently filed Chapter 13 because they did repay some of the loan.

Even if you have a bankruptcy on your credit report, you can find lenders who will trust you. The problem is that they will usually include a high interest rate to offset the high risk of lending to you. If your credit score is still high, despite the bankruptcy, they may be more inclined to give you a lower interest rate.

Even though Chapter 7 can remain on your report for 10 years, the more time that passes, the easier you can get loans at fair interest rates. During this time, however, make sure to work on your credit score and pay all bills on time. This will help counteract the negative bankruptcy, making it easier to get better loan terms.

It Can Prohibit You From Taking Out New Loans

While not a good idea, you have the right to start racking up debt again once you are out of bankruptcy. Chapter 13 bankruptcy, however, can last three or five years. That's a long time, and during those years, you may have sudden expenses, such as the need for a new car or some home repairs.

Unfortunately, taking out loans during your repayment plan can cause major problems, especially if you neglect to tell your attorney. It may also impact your repayment plan since the repayment plan depends on how much you can actually pay without financial constraint. If you suddenly have extra debt, you may not be able to repay your debt.

You may think you can just save money for a few years, but while in Chapter 13 bankruptcy, you are not supposed to have too much cash. If the courts find out you have a large amount of cash, they will most likely force you to use it to repay some of the debt.

Don't be ashamed to consider bankruptcy. It can be what you need to finally get out of debt. For more information about bankruptcy, contact us at The Law Office of Joe R Johnson, II.

Should You Tell Your Children an Affair Caused the Divorce?

Mon, 28 Jun 2021 07:25:32 GMT

Divorce is always difficult, both on the divorcing partners and any children from the relationship. There's an extra layer of hurt involved when one or both parents have been unfaithful in the marriage.

Dealing With Your Own Feelings

Whether you were the one who had an affair or you were the one who was betrayed, you're bound to have some big and complicated feelings about the situation, even if you've decided for certain that you want a divorce.

While not everyone who gets divorced or is involved in an affair needs outside help to get through it, if you feel you don't know how to cope or you have trouble identifying your feelings and dealing with them in a healthy way, it's preferable to seek therapy.

Look for a counselor, therapist, psychologist, or psychiatrist experienced in assisting people who are dealing with infidelity and going through a divorce. Once you have a better handle on your own feelings and have learned healthy coping mechanisms, you'll be in a much better place to help your children.

What to Consider When You Decide Whether to Tell

Many parents who get divorced wonder if they should tell their children about the affair. The right answer to this question will look different for every family and largely depends on your motivations, how many questions the child asks, what kind of relationship you have with your child, the age and maturity level of the child, and several other factors.

Look at Your Child's Age and Maturity Level

In general, it's best not to tell young children and teens about infidelity in a marriage. Many children under 16 aren't at a maturity level where they can understand all of the factors that go into an affair and be able to separate that from their own relationship with their parent.

Examine Your Motivation

Examine your motivation before you decide to tell your child about any affairs that happened in the marriage. It's normal to feel angry at your ex-spouse, but it's not wise to try to damage your child's relationship with their other parent over something the child had nothing to do with, like unfaithfulness.

Consider the Co-Parenting Relationship

Though it might feel like you'll never be able to heal from the hurt an affair brings, in most cases you'll still need to maintain a civil relationship with your ex-spouse so you can co-parent your children in a healthy manner.

If you think you want to tell your child about the affair, or if they ask a lot of questions, it's best to discuss it with your former partner if at all possible before you do so.

What to Tell

Don't lie to your children if they ask questions you don't want to answer. It's vital to keep open lines of communication and trust with your children.

That doesn't mean you have to tell your child everything they might ask - it's okay to let them know that there are some questions you're not prepared to answer, either because you are not certain of the answer yourself or because you do not feel the information will help them.

If your children find out about the affair on their own, it's best to present a united front and explain that though one or both of you were not faithful to your partner, your child is not to blame and shouldn't feel like their relationship with either parent has to change as a result of the affair.

If you do decide to tell your children, it's best to do it together or have the partner who cheated talk to the child if it's not possible to cooperate with your former spouse on the conversation. Keep explanations age-appropriate and stay away from explicit details.

Whether you decide to tell your children or not, they'll likely know something is amiss. Be as supportive as possible and reassure your child that although your relationship with your spouse has changed, your relationship with them will not.

The Law Office of Joe R. "Jay" Johnson, II represents divorce clients in Robertson, Cheatham, Montgomery, and Sumner Counties, Tennessee. Contact us today to schedule an appointment for a free consultation to discuss your case.

Identity Theft: What You Need to Know

Mon, 28 Jun 2021 07:25:29 GMT

When most people think of theft they generally think of someone stealing personal property from a vehicle or a home. Sadly, theft can be much more than stealing physical property. Identity theft is also a form of stealing and often has much more serious ramifications.

Here are some things you should know about identity theft and how law enforcement deals with the crime in Tennessee.

What Constitutes Identity Theft?

Identity theft involves the act of obtaining personal or financial information of someone else for the purpose of assuming his or her name and identity for financial gain. The identity thief will use your information to obtain a social security number, credit or credit card numbers, bank account numbers, and more to assume your identity and make transactions in your name.

Identity theft ranges from simple to highly technical. Some will go through your trash to obtain your financial statements. Others employ highly technical methods to gather personal information through computer databases through hacking large amounts of data at a time.

Once an identity thief has your information, he or she can use it to use your persona however they want. You could suffer damage to your credit rating which could cause trouble obtaining employment or a home.

Not all identity theft deals with a criminal who wants to obtain financial gain. In some jurisdictions in Tennessee, the unauthorized use of another person's social media account can result in a charge of identity theft.

Are There Different Types of Identity Theft?

Identity theft comes in many forms, which include financial, medical, criminal, child identity, and others.

In a case of criminal identity theft, the thief will represent him or herself as someone else to avoid arrest, summons, or to prevent the discovery or a warrant.

In cases of medical identity theft, a person will use your identity to represent him or herself to avoid paying for medical care.

Financial identity thieves will take your financial information and use it to purchase goods or obtain credit.

Child identity thieves take a child's identity to use it for his or her personal gain in different ways. Children do not generally have associated information which would pose problems for the thief, as opposed to the obstacles present for an adult.

Identity thieves use a child's social security number to get employment, loans, a lease, to avoid criminal prosecution, and more.

Another form of identity theft is synthetic identity theft. This is a form of identity theft in which the criminal uses a physical form of stolen information to make a new identity, such as a doctored driver's license. The thief will then use the information to open fake accounts to make purchases.

How Does Tennessee Deal with Identity Theft?

In Tennessee, identity theft is prosecuted separately to other crimes. Anyone who is suspected of stealing someone else's identity will face a Class D felony charge. If the identity thief is convicted, the penalty can result in up to 12 years in prison along with a $5,000 fine.

Additionally, the state of Tennessee may also work to recover legal expenses from the convicted identity thief. Victims can also seek justice for their losses through a civil trial. A victim of identity theft can potentially receive up to three times the amount of his or her losses in addition to legal expenses.

If you have experienced identity theft or if you have any questions about a criminal law matter, please contact us at The Law Office of Joe R. "Jay" Johnson II . We can help you get started on the path to recovering your assets, identity, and prosecuting the guilty party.

Avoid Criminal Conviction as a College Student

Mon, 28 Jun 2021 07:25:26 GMT

For many students, college years provide the best time of life to explore and test boundaries. Unfortunately, some activities college students engage in result in an arrest or even a criminal conviction. If you want to avoid legal trouble when you attend college, pay close attention to these common crimes committed by college students.

Marijuana Possession

For many college students in different places, marijuana is not a big deal. In Tennessee, the law sees things a bit differently. In Tennessee, marijuana possession is a misdemeanor if you have less than half an ounce, but you could still face time in jail if the court convicts you of a crime. Paraphernalia is also a crime punishable by jail time and fines.

In the past, a third conviction of marijuana possession was a felony, but a 2016 ruling changed the law. Now, subsequent convictions to misdemeanors instead of felonies. This is good for college students who are caught with marijuana multiple times, but you still want to avoid these consequences.

Shoplifting

Shoplifting and other types of theft are also common crimes college students commit or are accused of. Different motivations lead to theft for different people, such as lack of money or searching for a thrill or rush of adrenaline. This can be a serious crime either way, however.

In Tennessee, individuals convicted of shoplifting face punishments relative to the value of the items stolen. For example, theft is a misdemeanor if the value of the items is $500 or less. Cases in which the value of the goods stolen is higher than $500 result in a felony charge and possible mandatory prison sentence. This all depends on the value of everything stolen, but the punishment can reach a class A felony.

Assault

When alcohol flows freely at parties and college bars, tempers flare more easily than usual. As a result, college students get into fights with bar patrons and even other college students. The resulting charges from these fights may include assault, which can also include threats and attempts of physical harm.

Tennessee typically charges assaults as a misdemeanor for which you could face time in jail and fines. Additionally, the judge can order you to pay restitution to the victim of the assault, which includes the costs associated with property damage and medical bills.

In cases of assault, the target of the violence matters. If you fight with a police officer, you could face an escalated charge. If you fight with a roommate or family member, you may face a domestic violence charge. None of these charges are things college students, or anyone, should deal with, so you want to be careful.

DUI

Driving under the influence of alcohol is a common crime, and college students leaving parties face charges associated with this crime regularly. When you drive while intoxicated, you're incredibly dangerous and this could lead to serious injury or death.

According to the Department of Safety & Homeland Security, for a first-time offense, you face between two days and one year in jail. The court may also revoke your driver's license, order you to pay a fine or restitution, and add an ignition interlock device to test your BAC every time you start your car. Additional fees also apply.

If you are convicted of subsequent DUI offenses, you face additional penalties. The mandatory minimum penalties, including the length of jail time and the cost of fines, increase with each DUI you receive. If you get a fourth DUI, you face a felony.

For many reasons, college students want to avoid criminal convictions, especially because it could mean they are kicked out of school.

The Law Office of Joe R. "Jay" Johnson II offers criminal defense services throughout Tennessee. Call our office today to discuss your legal defense so you can avoid difficult legal consequences.

Why You Absolutely Need a Prenuptial Agreement

Mon, 28 Jun 2021 07:25:21 GMT

Often, people who are getting married will forego having a prenuptial agreement. They give all kinds of reasons for this. They might, for example, cite not having a lot of money or assets and, thus, think that they don't need a prenuptial agreement. However, things can certainly change over the course of a marriage.

Other times, people simply feel that prenuptial agreements are not romantic and make the marriage seem doomed to fail. But what is more romantic than loving someone so much that you want that person to care for their own best interests? While prenuptial agreements might not seem alluring, they are incredibly beneficial and should not be skipped under any circumstances.

Protect Yourself From Your Partner's Debt

People typically think that prenuptial agreements are all about protecting assets. While that certainly is an important part of many prenups, these agreements can help in many other financial ways as well.

For example, spouses sometimes end up responsible for their partner's debt after a marriage is finalized. However, you can specify in your prenuptial agreement that all debts will remain the sole responsibility of the person who originally incurred them. That way, no matter what happens in the course of your marriage, you will not get stuck paying money that you don't actually owe, potentially ruining your credit in the process.

Make Custody Decisions With a Level Head

One of the most important things that prenuptial agreements can do is determine who will get custody of any children, current or future, in the event of a divorce. While this might not be a fun topic to think about, it's smart to make those decisions ahead of time, when you're both feeling level-headed and fair.

Having a fair agreement in writing can really help to protect both partners if things ever get ugly later on down the road. Even more, they can protect the best interests of any children involved.

Protect the Lesser-Earning Spouse

One of the most sacrificial things that a person can do is to give up working in order to care for children and/or the home. Often times, however, this person is left without a work history or any kind of protection in the event that a divorce occurs. Having a prenuptial agreement with an agreed upon spousalsupport arrangement for the non-working spouse can really help to protect the person who chooses to stay home.

Even in cases where both parties work, a prenuptial agreement can really help the party who earns less. There is nothing worse than getting accustomed to a certain lifestyle and having to change everything after a divorce. By putting protections in place ahead of time, both parties can continue to live in the way in which they were accustomed after the divorce, which is only fair.

Avoid State Laws

When you enter into a marriage without a prenuptial agreement, there is still some sort of agreement in place, whether you realize it or not. The agreement or laws to which you are agreeing are the laws that are put in place for your state. These laws are very one-size-fits-all and cannot accommodate any unique desires or situations you and your spouse may wish to incorporate, other than by sheer luck.

Instead of just agreeing to arbitrary state laws, which may change during the course of your marriage, why not set your own rules and laws that you both agree on? After all, what could be more loving or faithful than that?

After realizing the many advantages of having a prenuptial agreement, why would you ever get married without one? To get your prenup in place, contact our professionals at The Law Office of Joe R. "Jay" Johnson II .

Five Examples of Sex Crimes in Tennessee

Mon, 28 Jun 2021 07:25:18 GMT

A sex crime is an illegal sexual act or illegal sexual conduct. Each state has laws that define and prescribe punishments for various forms of sex crimes. The following are some examples of sex crimes in Tennessee.

1. Rape

Tennessee defines rape as the sexual penetration of an individual without the individual's consent. Here are a few things you should know about this definition:

The penetration doesn't have to involve the genital or anal orifices; penetration of the mouth also counts.
The perpetrator doesn't have to use their genitals or any part of the body; penetration that involves an object also counts.
The perpetrator doesn't have to use force.

Mentally or physically incapacitated victims are incapable of consent even if they are adults.

Therefore, different people can engage in various forms of activities and end up with the same criminal act of rape. Criminal suspects should know this relatively wide definition of rape so that they know the gravity of their charges. Note that force when the perpetrator uses force or a weapon, the charges rise to aggravated rape.

2. Statutory Rape

Statutory rape is when a person penetrates another person who has not reached the age of consent but is older than 12 years , but varies in severity because of Tennessee's close-in-age exemption. The age of consent is the minimum age at which the state acknowledges that a person can legally agree to participate in a sexual act. The age of consent varies by state, in Tennessee; the age of consent is 18.

Thus, if a person has sex with a 16-year-old in Tennessee, the person commits statutory rape even if the 16-year-old "agreed" to the sexual activity. Various subcategories of statutory rape exist. For example, mitigated statutory rape applies if the victim is between the ages of 15 and 17 and the perpetrator is 4 or 5 years older than the victim.

3. Rape of a Child

If someone sexually penetrates a child below the age of 13, then the person has not committed statutory rape, but rather, the rape of a child. The key in these cases is that the accused committed the act; the consent (or lack of it) of the child is immaterial because a child cannot consent to a sexual act.

Charges are even more severe if the child is below the age of 4, in which case the accused faces aggravated rape of a child. As you would expect, aggravated rape of a child attracts even more serious punishment that rape of a child.

4. Sexual Battery

Unlike other forms of sexual assault, sexual battery doesn't involve penetration. Rather, sexual battery occurs when a person intentionally makes contact with the intimate parts of another person without the victim's permission. The accusations stand whether the perpetrator uses force, fraud, or coercion.

As is the case with rape, physically and mentally incapacitated people automatically can't give sexual consent. Thus, when a person touches the intimate parts of a mentally challenged person, sexual battery charges automatically ensue.

Again, a few subcategories of sexual battery exist. For example, if the defendant used force or a weapon, the charges rise to aggravated sexual battery. Sexual battery against minors also attracts harsher punishments than those against adults.

5. Indecent Exposure

Indecent exposure is when someone engages in a sexual act or appears in a state of nudity in a public place. For example, a person who masturbates or fondles another person's genitals in a public place will face indecent exposure charges. Indecent exposure is a relatively minor sexual offense if you compare it to other forms of sex crimes.

Sex crimes are some of the most serious criminal charges a person can face. Contact The Law Office of Joe R. "Jay" Johnson, II, the minute the authorities charge you with a sex crime. We believe that every criminal suspect is innocent until the court finds them guilty. We will ensure the government doesn't violate your rights and defend you to the best of our ability.

6 Steps to Avoid Problems With Your Prenuptial Agreement

Mon, 28 Jun 2021 07:25:14 GMT

If you've recently become engaged, you need to think beyond the wedding plans. Before the wedding takes place, take time to think about the prenuptial agreement. If your fiancé has requested a prenuptial agreement, don't take the document lightly. You need to put thought into the decision. After all, the prenuptial agreement will be the basis of a divorce settlement should your marriage not work out.

Follow these six steps to avoid problems with your prenuptial agreement.

1. Know What You're About to Sign

If your fiancé has drawn up a prenuptial agreement, know what you're about to sign. The prenuptial agreement may contain items that will not benefit you in the long run.

Knowing what's in the agreement is particularly important where retirement accounts are concerned. If you sign away your right to future retirement accounts, you could end up losing quite a bit of money, especially if your marriage is considered long-term at the time of divorce. Most states determine the longevity of a marriage based on the following criteria:

Short-term: 0-7 years
Middle-duration: 7-17 years
Long-term: 17+ years

If your marriage is considered long-term, you may be entitled to a portion of your spouse's retirement accounts. However, if you've signed those rights away in your prenuptial agreement, you'll likely receive none of the proceeds from those retirement accounts.

2. Be Honest About Everything

When you sit down with your fiancé to discuss the prenuptial agreement, be honest about everything. Any misrepresentations on your part could come back to hurt you later. This is particularly true where your personal assets are concerned. If you attempt to hide assets on your prenuptial agreement, your spouse could choose to have the agreement set aside due to fraud. To avoid that risk, list all your assets in the agreement.

3. Avoid Signing Under Duress

If you have questions about the prenuptial agreement, don't let your fiancé coerce you into signing, or force you into signing under duress. Before you sign anything - especially a prenuptial agreement - you need to be sure that your rights are protected. If you feel that you've been forced to sign a prenuptial agreement against your will, walk away and seek legal advice.

4. Beware of the Requests That Aren't Allowed

If you've been asked to sign a prenuptial agreement, beware of items that aren't allowed. For instance, your fiancé can't require you to maintain a certain weight or to keep your hair a certain color. They also can't require you to sign over family heirlooms or portions of future inheritance. If you don't feel comfortable about certain requests in your prenup, don't sign until you can consult with an attorney.

5. Give Yourself Time to Consider the Agreement

Before you sign a prenuptial agreement, give yourself time to consider everything that's included in the document. Read the entire document and then put it down for a few days. Once you've had some time to think about it, read the document again.

6. Don't Sign Without Legal Advice

If your fiancé has asked you to sign a prenuptial agreement, sit down with a family law attorney, especially if your fiancé has already secured legal representation. An attorney will help validate the assets that your fiancé has listed. They can also determine the best way to protect any assets that you might have.

When you hire an attorney to handle your prenuptial agreement, choose one that hasn't been signed to also represent your fiancé. You need an attorney who has your best interests at heart.

Don't make mistakes with your future. If your fiancé has requested a prenuptial agreement, the information provided here will help you avoid problems. For questions or concerns regarding your legal rights, contact the professionals at The Law Office of Joe R. "Jay" Johnson II .

How Are Criminal Courts Using Algorithms to Determine Bail Amounts?

Mon, 28 Jun 2021 07:25:11 GMT

Getting yourself or a loved one released from pre-trial detention is a process that takes multiple steps. The first step, however, involves the judge setting a bail amount that's appropriate for the charges in question. Judges must take a number of factors into consideration, including the nature and seriousness of the crime, criminal background and your likelihood of posing a flight risk.

Although numerous efforts have been made to standardize and streamline the bail process over the years, experienced magistrates and judges remain burdened with reviewing numerous factors and evidence in a short period of time. As a result, some criminal courts are turning to algorithms to help calculate and set bail amounts.

How Bail Algorithms Work

Algorithm-based bail assessment programs offer a science-driven approach to the traditional assessments performed by judges throughout the country. Instead of utilizing direct input from judges themselves, most bail assessment programs perform risk calculations based purely on evidence and data. Some programs even compare current bail candidates against databases featuring similar cases, with the outcomes of those cases factored into the final decision.

The eventual decision is then tabulated into a machine-generated score representing the defendant's likelihood of skipping bail or committing violence while on bail. Scoring systems can vary among different bail assessment programs, but most scores come are represented as a straightforward sliding scale. In most cases, a low risk score increases the defendant's chances of having favorable bail conditions set.

So far, criminal court judges are using bail assessment algorithms in supplementary roles, usually as guides for granting or denying bail based on the algorithm's findings. Bail assessment programs aren't being used to set actual bail amounts and judges still exercise judicial discretion when granting bail.

How Algorithms Affect Your Bail

One noticeable advantage of bail assessment algorithms is their potential to remove judicial bias from the decision-making process. Most algorithms look purely at objective factors, from age and prior criminal history to previous failures to appear in court and criminal behavior during release. The purely data-driven process often excludes ethnicity, income and other irrelevant and potentially discriminatory factors that could prejudice the decision-making process. The judge's personal biases are largely kept out of the picture, as well.

Speed is yet another advantage of utilizing bail assessment algorithms. These tools allow criminal courts to further streamline the bail process by eliminating time-consuming steps, such as face-to-face interviews. A streamlined approach to bail assessment also means you'll spend less time behind bars pending bail review. Bail assessment algorithms also require less staffing than traditional assessments, making it easier for judges to set bail amounts in a timely manner.

What Drawbacks to Expect

Algorithm-based bail assessment offers a fairer approach towards crime-fighting, but it's not without its fair share of downsides. One such downside is that judges risk becoming completely dependent on machinegenerated scoring in spite of the supplementary role risk assessment algorithms are supposed to play. Judges risk ignoring extenuating circumstances and seemingly irrelevant evidence that could validate a defendant's fitness for bail.

And despite stringent efforts made towards completely eliminating bias, many experts have noted that the results can still be skewed by criteria that fail to accurately predict a defendant's risk factor. Prevailing worldviews can also impact the impartiality of the algorithm itself, resulting in assessments that produce inherently flawed results. Jurisdictions can also make their own modifications to the assessment process with minimal regard to how these changes affect the algorithm's accuracy.

Algorithm-based bail assessment is just another tool in the criminal court's arsenal that judges can use to set bail conditions. However, hiring an attorney to handle your criminal court case should always be your first step. For more information, contact The Law Office of Joe R. "Jay" Johnson, II .

How to Adopt Your Stepchild

Mon, 28 Jun 2021 07:25:08 GMT

These days, blended families are incredibly common. If you have a blended family where your partner already had children, then you may have come to love those children like your own. This is a very common situation. Often the stepparent actually wishes to go so far as to adopt the stepchild legally.

Fortunately, the process for adopting a stepchild is fairly straightforward. And, with the right legal help and a little know-how, you should be able to do it with ease.

Consider the Other Biological Parent

The first thing to know is that, in cases where the other biological parent is still living, that parent must agree to surrender his or her parental rights. This can prove difficult if the other parent is out of the picture and hard to locate. Also, some parents, even if they are uninvolved in the child's life, are simply unwilling to surrender their parental rights.

Fortunately, a family law attorney can often help you to terminate the other parent's rights, especially if you can prove that the person is not involved in the child's life and doesn't honor his or her parental responsibilities.

Proving that a parent does not deserve parental rights and getting a court to revoke those rights can be incredibly difficult. As such, you definitely shouldn't attempt to make this happen on your own. Qualified legal help will be needed.

However, in cases where the person is willing to surrender rights, an "Adoption Surrender" document will be signed by all parties and the adoption process can begin right away.

Gather All of the Necessary Documents

When you are ready to proceed with the actual adoption, be aware that there are several documents you will need to have on hand and available.

These include a certified copy of the child's birth certificate, a marriage certificate showing you are married to the other parent, and the adoption surrender document. If the biological parents were married and divorced, then proof of that divorce will also be needed. Or, in cases where the biological parent has died, a death certificate will be required.

Once you have all of the documents on hand and ready to go, you and your lawyer can move into the final stages of the adoption procedure.

Obtain the Child's Permission

If the child is older, then you may need his or her permission in order to adopt the child. The laws on this matter vary from one state to the next. So, look into what the laws are in your state.

Some states require children over a certain age to give consent for the adoption. This age requirement varies from state to state as well.

A lawyer can assist you in getting proper documentation stating that the child, if applicable, agrees to the adoption.

File for Adoption

The final step in the adoption process is to actually file for adoption.

Keep in mind that you will have to pay an adoption fee when you file for adoption. This fee varies greatly from one state to the next, so do your research and make sure you have the funds available when you file. In some cases, you may be able to have the fee waived, so if you're having trouble collecting the money, talk with your lawyer about this option.

If you do have the funds, then you simply need to fill out the appropriate form, bring all documentation, and file the adoption with the court. As long as you've done everything right, your stepchild will soon be legally yours.

As you can see, adoption is a somewhat lengthy and involved process. That's why having legal help is so important and beneficial. To find a qualified lawyer who is experienced with adoption, be sure to contact the experts at The Law Office of Joe R. "Jay" Johnson II .

Everything You Need to Know if You’re Getting Divorced

Mon, 28 Jun 2021 07:25:04 GMT

Divorce, even if it’s for the best, can be emotional, stressful and exhausting. The good news is that you don’t have to handle your divorce alone. If you and your husband or wife are considering getting a divorce, this guide will tell you everything you need to know and be prepared for.

Lean on Loved Ones

First and foremost, it’s important that you lean on the people you love during this difficult time. Even if the divorce is amicable, it is still a huge life change. You are going from being in a partnership to being on your own, and that will come with obstacles no matter what your situation may be.

Remember, you don’t have to deal with all of the stress and emotions that come with a divorce by yourself. Reach out to trusted friends and family members for support during this time. They might even have helpful suggestions on finding a lawyer, dealing with the stress or juggling your time.

Think About Children

If you and your spouse have children, it’s important to keep them and their needs in mind. Just because a divorce feels right for you doesn’t mean your children will understand or feel the same way.

As you deal with all of the legal proceedings, make sure to talk to your kids about how they’re feeling. Keep their emotional needs in mind. You might even want to schedule a little bit of time off to be with them and help them heal.

Consider Court Alternatives

People tend to forget that going to court isn’t the only way to finalize a divorce. One good option is mediation. Mediation is a very hands-on process that can help when couples are unable to resolve a particular issue. This process involves working with a mediator and having face-to-face meetings with everyone involved.

Find the Right Lawyer

If you do decide to take your case to court, it’s important to find the right lawyer for your case. As you look for a lawyer, don’t be afraid to meet with multiple law firms, look up reviews and ask for suggestions.

While lawyers may cost a bit of money, they are well worth the peace of mind they can bring. A lawyer will be able to help you navigate confusing paperwork, figure out court dates and get the justice you deserve.

Be Honest

While it may be hard to open up and share all of the intimate details concerning your case, it’s important that you be as honest as possible. Your lawyer will need to know everything so that he or she can properly analyze your case and help you decide how to proceed.

Additionally, you should be open with your spouse. Though you may have no desire to speak with your soon-to-be-divorced partner, you need to keep them updated on what is going on with your case. If you fail to give your spouse all the information he or she needs, it could end up costing you.

Don’t Believe Everything You Hear

If you’ve heard horror stories about other people’s divorce experiences, don’t let them scare you. Every divorce is different, and as long as you have a good legal team, you shouldn’t be worried. Just because something worked for someone you know, doesn’t necessarily mean you should take their advice. Listen to advice people have to give you, but don’t follow it blindly.

Divorce may be stressful, but you don’t have to deal with it alone. With the help of a lawyer and support from your friends and family, you’re sure to figure everything out. For further information concerning divorce, contact the experts at The Law Office of Joe R. “Jay” Johnson, II .

Rule 31: The Role of Mediation in Tennessee Divorces

Mon, 28 Jun 2021 07:25:03 GMT

With few exceptions, mediation is required for many Tennessee divorces. The court will usually not set a hearing without you going through the mediation process. You may think of mediation as a hassle, but there's a lot of benefit to going through mediation before you go to divorce court. Here is a look at the Tennessee State Court's Rule 31: Alternative Dispute Resolution.

What Is Rule 31 Mediation?

Mediation, also known as alternative dispute resolution, is a way for two people to settle their differences with the help of neutral third party. In a divorce, mediation can help you settle all matters involving property and custody before you go to court. This mediation can help you settle everything without letting the court make important decisions for you.

Rule 31 sets guidelines for mediation so it can work for everyone. Mediation can help people make better, more informed decisions concerning their divorce. Rule 31 also helps keep court costs down. People also feel better about their decisions when they're the ones in control of them.

Rule 31 also lists the ways someone can become a mediator. Rule 31 allows for two types of mediators:

Rule 31 General Civil Mediators
Rule 31 Family Mediators

These titles have important distinctions, as family mediators have additional training. The type of mediator you need will likely depend on the circumstances of your divorce. A lawyer can help you make the right decision.

Gather All of the Necessary Documents

When Is Rule 31 Mediation Not Required?

Most people going through a contested divorce will need to go through mediation. Nevertheless, Rule 31 does have some exceptions. Exceptions include but aren't limited to:

You can't afford mediation, and the state doesn't waive or subsidize the cost.
The cost is an unreasonable burden.
You and your spouse already agreed reached an official settlement or agreement.
The court believes the mediation will only lead to an impasse.

Rule 31 also lets the court make the decision as to whether or not someone is exempt from mediation. In addition, the court gives special consideration when the divorce involves domestic violence. The court may still order mediation, but with stipulations such as the victim's consent.

What Happens During Rule 31 Mediation?

How mediation works for you will depend on your unique set of circumstances. Generally, you can expect to sit down with the mediator and speak about the situation. During mediation, you will attempt to:

Identify which issues each party considers most important
Clarify any misunderstandings that the parties have
Work on finding solutions to the stated issues
Come to an agreement

You may not come to an agreement, but the mediation process can help you figure out where you should focus your efforts. Even if communication between you and your spouse breaks down, the court wants you to make a good faith effort towards giving mediation a real chance.

Why Involve a Lawyer With Rule 31 Mediation?

You can bring your lawyer with you to mediation sessions. Since your agreement with your spouse has to also comply with Tennessee law, it can help to have legal advice when you need it. Even without a lawyer present, you will still have a chance to consult with one before signing off on the written agreement.

Mediation is always worth considering, even when the court doesn't require it. The process will give you a larger understanding of what's at stake with your divorce. When choosing a mediator, you should consider one who also has a history of practicing or dealing with family law in Tennessee.

At The Law Office of Joe R. "Jay" Johnson, II, Mr. Johnson has full certification as a Rule 31 Family Mediator. For any questions concerning divorce or mediation, contact us today .

The Dos And Don'ts Of Handling Kids Who Are Angry About The Divorce

Mon, 28 Jun 2021 07:20:28 GMT

When a parent makes the incredibly difficult decision to file for a divorce, the first concern is the well-being of the children. No one wants to put their kids through the pain of divorce, but it's simply inevitable sometimes. If your children are openly showing their anger during a divorce, follow these dos and don'ts to protect yourself and your kids.

Do Lavish Your Kids with Unconditional Affection

All children need unconditional love. There is probably no time when your children will need it more than the months during and immediately after a divorce. Express your unconditional love to them each day in multiple ways. It can be extremely hard to express that love when they are acting up and possibly even unfairly blaming you for the divorce, but it's what they need.

That doesn't mean that you should put up with bad behavior. You may express your love but also set boundaries. Don't tolerate mistreatment from your kids just because they're angry. However, don't let their anger stir yours, and don't let them see how furious you are at them.

Instead, calm down before dealing with them. When you do, express your love for them even while holding them accountable for their actions.

Don't Play the Blame Game

When children are openly hostile and looking for someone to blame for the divorce, it can be extremely tempting to start playing the blame game. Whether you feel that your ex is partially or fully responsible for what led to the divorce, there is sure to be at least some blame to spread in their direction. You'd get rewarded by making your kids realize your ex is the "bad one".

If kids are angry, they may try to interrogate you and find out what really led to the cause of the breakup of the family. No matter how upset you are with your ex or how frustrated you get with your kids, resist the urge to trash your ex or place the blame on his or her shoulders.

Instead, redirect the conversation when your children start asking whose fault it is. Use the opportunity to express the regrets that both you and your ex feel about their pain in the divorce. Reiterate that both you and your ex love them very much and will always be there for them.

Do Consider Therapy for Your Children

If your children have been openly showing their anger during the divorce, there's a bright side. At least you know they're not repressing their emotions. Showing their anger is better than pushing down their emotions and turning to self-destructive actions to escape the pain. At least when they are sharing their anger, your children are trusting you with their feelings.

Helping your children through continuous struggles in a divorce is important, but you should never try to do it alone. Consider taking your children to therapy during and after a divorce. Therapy can be a safe place where kids can express their pain, anger, frustration, and dozens of other emotions that come up during the breakup.

If you feel that the entire family struggles during a divorce or the child would be better able to benefit from therapy with the support of the whole family, you may also consider family therapy. Sometimes kids go to individual psychotherapy sessions and family therapy sessions each week.

Do Show a Continued Interest in Their Lives No Matter What

There are all degrees of anger among kids who are dealing with divorce. If your co-parent has primary custody, children may try to avoid you if they're angry. Don't let them. Continue to show up to their activities and remain active in their lives even during difficult times. Even if your ex helps alienate their affection, insist on having an active presence in their lives.

Finally, The Law Office of Joe R. "Jay" Johnson II offers family law services to protect your best interests every step of the way during the divorce. Family disputes can easily get messy, and it's important to have an experienced attorney on your side who knows the ins and outs of complex laws pertaining to child custody and divorce.

5 Steps for a Smoother Bankruptcy Process

Mon, 28 Jun 2021 07:16:16 GMT

The process of bankruptcy can be complex, and many individuals know that they want to declare it without knowing what will happen next. Once you've decided to take this step, you can do a few things to make the process easier.

1. Hire a Bankruptcy Attorney

Technically, you can declare bankruptcy by filling out the applicable forms and paying a fee. However, that doesn't mean that your bankruptcy will be approved. A lawyer will produce your documentation for you to ensure that all of your bases are covered, that you're declaring bankruptcy properly, and that everything you need has been included.

Bankruptcy-specialized attorneys understand the process and can complete it faster. Further, a bankruptcy attorney usually isn't expensive. Some individuals hesitate to work with an attorney because they don't want to go even more in debt, but many attorneys have payment plans and reasonable rates.

2. Think About What You Want to Keep

Bankruptcy exemptions let you keep certain assets. You'll be able to keep your house and your cars, up to a certain amount. You'll also be able to keep most of your personal possessions if they aren't worth a significant amount.

Think about what you want to keep. This may not be a straightforward answer. If you currently have an $8,000 car with a $7,000 loan, the bankruptcy will likely let you keep it because you only have $1,000 in equity on it. However, you'll have to re-certify the loan with the dealership, and you may not want an expensive loan anymore. How much you owe can influence which items are the smartest to keep.

3. Cancel Automatic Payments

Creditors are supposed to cancel any payments on their end, but they may miss them. If you want to avoid further money being collected from you during the bankruptcy process, you should cancel any automated payments.

Creditors are not going to be able to resume collecting payments from you throughout the bankruptcy process, so you will be protected from all collection actions for a time. While your bankruptcy is ongoing, you do not need to send in any debt-related payments.

4. Contact Your Utility Companies

If you owe a back balance to your utility companies, they won't be able to pursue you for them while you're declaring bankruptcy. However, they can take your deposit to pay for your back balances. Some utility companies collect a deposit when you first open your account. Once that deposit is depleted, they may ask you to post a new deposit entirely.

Consequently, you may want to call your utility company early on and find out as much as you can about your deposit and their policies. If you suspect you might need to put down another deposit, set aside some money to do so.

5. Move Your Funds

If you owe a bank money, they may be able to shift money around from your other accounts with them to pay for that debt. They cannot take collection action during the bankruptcy, but they can pay off debts in one account from another. To avoid this, you can move your money to another bank.

It's illegal to hide money through a bankruptcy or to send money to family and friends prior to a bankruptcy, but there is nothing wrong with moving your funds from one bank to another bank.

Declaring bankruptcy may be disruptive short-term, but long-term it will give you firm financial footing on which you can grow. Hiring a bankruptcy attorney early on in the process can be the best way to navigate it correctly. If you're thinking about declaring bankruptcy, contact The Law Office of Joe R. "Jay" Johnson, II .

You've Been Sued by a Credit Card Company: What Now?

Mon, 28 Jun 2021 07:13:32 GMT

The average American has over $16,000 dollars in credit card debt. When you stop making your credit card payments, you not only risk being sent to collections and damaging your credit, but you also risk being sued by the credit card company you've shafted.

The reason credit card companies are eager to sue is simple: they only have a certain amount of time to collect past-due debts from when their customers quit paying them. This length of time varies by state, but most states allow three years for collection attempts before the debt can no longer be demanded.

Credit card companies want to recoup the funds they perceive as lost. When threatening phone calls, letters, and other means of getting payment fail, credit card companies often take one drastic measure that is nearly guaranteed to get a reaction: they sue.

If you've been sued by your credit card company for non-payment, you will be summoned to court. Here is a guide showing you what to do now.

Get a Lawyer

A lawyer is your best defense when you've been sued by your credit card company. Your lawyer knows things about the statute of limitations for your state that you don't, and lawyers can look for loopholes in your financial situation to negate being sued. Some things your lawyer will look at include:

Length of time between when you quit paying and when you got sued
Payment history prior to stopping payments
Time since you last made a credit card payment

If your lawyer discovers that your credit card company has sued you beyond the legal time allowance for your state, you might no longer have to pay the debt. You will have to prove your case in court, which your lawyer will do for you by representing you.

Do Not Call or Pay Your Credit Card Company

Do not attempt to call your credit card company to settle any debts you have with them to avoid court unless your lawyer tells you to do so. Making payment arrangements is an admission of owing the debt, and your credit card company can choose to sue you even if you agree to a payment plan.

What's worse, any new payment you make to your creditor re-opens the statute of limitations. If your credit card company threatens to sue you beyond the legal time allowance and you get pressured into making a payment, the company can legally sue you. This is a common tactic for credit card companies to use against their customers. You can avoid setting yourself up by staying mum about the situation until court.

Show Up to Court

Whether you get a lawyer or not, always show up for your appointed court date. Your debts will not go away. In fact, ignoring your court date and not showing up will automatically cause you to lose your case and have a judgment filed against you.

You will then be required to not only pay your creditor back what you initially owed them, but you will have to pay back accrued interest, lawyer fees, and any other dues as the judge sees fit. Show up in court with a lawyer in tow so you can negotiate the amount you are legally required to pay back if you are found guilty.

Credit card debt is hard to eliminate when you have financial struggles. If you get sued, call a lawyer right away. Your lawyer can assist you in this financial matter as well as assist you in other types of financial stress. Call The Law Office of Joe R. "Jay" Johnson II for your legal financial issues today.

3 Things You Should Never Do After a Car Accident

Mon, 28 Jun 2021 07:12:05 GMT

There are approximately six million car accidents in the United States each year. If you've ever been the victim of a car accident, you know how stressful and confusing the first minutes and hours after the incident can be.

Knowing how to react to the other driver and gather the right evidence is important. However, you also need to know what not to do or say. Here are three things you should never do after a car accident.

Never Leave the Scene

Even if the damage to your vehicle is minor or the other driver is willing to pay out-of-pocket for any repairs, you should still never leave the scene of the accident. Drivers who are clearly not at fault should stick around and speak to the authorities.

Tennessee is a fault state, which means the driver who caused the accident must pay any damages, including the victim's medical and auto repair bills. Unfortunately, for whatever reason, if you are the victim you still might consider fleeing the scene of the accident.

If you flee the scene of any accident that caused damage to property, such as the other driver's car, it is considered a hit-and-run. This could result in further legal action, including fines. If you are the victim and you leave the scene, it could cast doubt on your innocence because the other driver's attorney could argue that only a guilty person would drive away from the accident.

Instead, after the accident, remain calm and exchange the necessary information with the other driver, including your name, address, your car's vehicle identification number and vehicle insurance information.

Never Apologize or Admit Fault

Emotions can run high after a car accident, and even if you are the victim, you might feel compelled to apologize. Unfortunately, your simple act of contrition can be used against you when it comes time to legally determine fault. Apologizing for your role in the accident can be misconstrued as an admission of guilt.

If the other driver tries to file a lawsuit against you, their attorney can use your apology as evidence that you were at least partially responsible for the accident. This could make it difficult to seek damages from the other driver and their insurance company.

Never Leave the Accident Without Obtaining Evidence of Your Innocence

After you've exchanged information with the other driver and spoken to the authorities, begin gathering evidence. Once again, Tennessee is a fault state, meaning you must prove that you were not the cause of the accident. Here are a few pieces of information you need to gather at the scene of the accident:

Photos of your injuries. Snap pictures of your injuries after the accident and in the weeks following the accident. This will help show how the incident impacted your quality of life.
Photos of any damage to the vehicle. Take several photos of the damage. This evidence will prove valuable if you file a claim or lawsuit against the other driver.
Eye witness accounts. Write down the witness accounts of anyone who saw the accident. Take down their name, phone number and a brief account of the car accident.

Finally, take a few pictures of the scene of the accident. For example, if the other driver swerved to avoid a pot hole and hit your car, snap pictures of the road damage. This can help you prove that it was other driver who was the cause of the accident.

You need to know what to and what not to do after a car accident. If you have any further questions, contact the professionals at The Law Office of Joe R. "Jay" Johnson II .

4 Common Misconceptions About Prenuptial Agreements

Mon, 28 Jun 2021 07:09:51 GMT

If you're considering marriage or were recently engaged, chances are the majority of your free time is spent devising a seating plan or choosing a wedding theme. However, during these discussions with your future spouse, there is another topic might be raised: prenuptial agreements.

For many, the idea of a prenuptial agreement leaves a bad taste in their mouth, and they assume it will inevitably lead to divorce. The idea that prenuptial agreements increase a couple's chances of divorce is one of the many pervasive myths associated with this potentially useful legal tool. Here are three of the most common misconceptions associated with prenuptial agreements.

Only Wealthy People Need Prenuptial Agreements

One of the most common myths associated with prenuptial agreements is the idea that they are only sought after and useful for the extremely wealthy. However, even if you are struggling college students or are entering into your second marriage and have a modest income, you could still benefit from a prenuptial agreement.

This is because prenuptial agreements are not just about the division of property and money. In addition to determining who is awarded certain premarital assets, an agreement will also cover several other critical points, including:

The division of debt . In addition to determining the division of assets, a prenuptial agreement can also determine the division of debt, including debt that was incurred both before and during the marriage.
Protect children from a previous marriage . If one or both spouses have children from a previous marriage, an agreement can ensure that their rights to inherit or receive assets is protected.
Protect a birth family's assets . If either spouse has a valuable heirloom, an inheritance or another asset they want to remain with their birth family, the property or money can be protected by a prenuptial agreement.
Determine tax filing status . The tax filing status of each spouse can be determined and upheld in a prenuptial agreement.

These are only a handful of the ways a prenuptial agreement can protect both spouses, both during the marriage and after a divorce.

Prenuptial Agreements Will Lead to Marital Distrust

Your friend or family member may discourage you and your future spouse from creating a prenuptial agreement because of the misguided belief it will lead to an unhappy marriage. On the contrary, in many cases, signing a prenuptial agreement can help couples understand their finances and create an open dialogue about their marriage, assets and future financial issues.

While drafting a prenuptial agreement, both future spouses will learn more about one another's views on money, divorce and financial planning. This agreement can help create an open and honest discussion about finances and divorce, which in turn will benefit both spouses throughout their marriage.

Prenuptial Agreements Are Expensive

Finally, if you're considering a prenuptial agreement, the one thing that might be keeping you from creating this useful document is the myth that the process is expensive. In actuality, the cost of a prenuptial agreement is very modest, especially when compared to a contested divorce.

If you choose to have an attorney assist you and your future spouse with drafting a prenuptial agreement, you can expect to spend anywhere from less than $1500 to $3500. If this seems expensive, keep in mind that the average contested divorce can cost both spouses anywhere from $15,000 to $30,000, or more.

From the idea that prenuptial agreements are only necessary for the rich to the fear that it will cost a small fortune to secure this protection, there are several pervasive misconceptions about prenuptial agreements. If you have any further questions or want to draft a prenuptial agreement, don't hesitate to contact the professionals at The Law Office of Joe R. "Jay" Johnson II .

Is Bankruptcy in Your Future? Five Things You Need to Know

Mon, 28 Jun 2021 06:55:27 GMT

When you file for bankruptcy, many aspects of the process will likely be new and confusing to you. It helps to know the following five things about bankruptcy so you can avoid making mistakes.

You Will Not Lose Everything With Bankruptcy

One misconception you might have about bankruptcy is that you'll lose everything you have. This is not true, since you can go through bankruptcy and still hold on to things such as your home and car. It's even possible to maintain your existing retirement accounts if you have them. A lawyer can help ensure that certain assets are exempt from your bankruptcy, giving you some much-needed protection.

Your Credit Will Not Be Ruined Indefinitely

It is possible to recover from a bankruptcy filing and raise your credit. Keep in mind that it can take time to get your credit back to what it once was. At first, the offers you receive to open new lines of credit will not be great, but you will need to open credit accounts and prove that you are responsible when it comes to borrowing money.

Utilizing a small portion of your credit line and making payments in full is key to rebuilding your credit. This kind of responsible behavior shows that you're able to pay back your new debts and refrain from using up all of your available credit. If you filed the type of bankruptcy known as Chapter 13 bankruptcy, then after seven years there will be no record of a bankruptcy on your credit report.

You Don't Need to Miss Payments to Qualify

Another misconception about bankruptcy is that you must miss payments until you are able to qualify, an idea that is also not true. You may have recently gone through a major change in your life that is going to cause you to fall behind on your debts. Such a change could include the death of a spouse or the loss of a job.

If you need to file for bankruptcy even though you haven’t missed a lot of payments, you will be able to do so. Those who have little to no income may want to discuss Chapter 7 bankruptcy with a lawyer.

You Can Discharge More Than Just Credit Card Debt

While credit card debt is a common debt to discharge, you can free yourself of other debt as well. Your lawyer can let you know which debts will qualify, such as utility or medical bills. However, not all debts can be discharged. For example, you will need to pay any delinquent child support, and you’ll need to pay back your student loans.

In order to have debts discharged, you must list the creditor when filing for bankruptcy. This notification allows the creditor to be notified of the bankruptcy filing and prevents the creditor from trying to collect the money you owe them. Even if you may have a successful bankruptcy filing, you will still have to pay any debts you forget to list, so make sure you’re thorough when you file.

You Can’t Discharge Debt You Acquired After a Certain Point

After you decide to file for bankruptcy, you will be unable to take on new debt and then list them in your bankruptcy filing. For example, if you lose your job and then have to file for bankruptcy, you cannot open a new credit card account and purchase things you do not plan on paying for.

Your ploy will be discovered when officials see that the purchases align with your loss of employment, and then you will need to pay those debts off.

For help navigating the complexities of bankruptcy, work with The Law Office of Joe R. “Jay” Johnson, II.