On this dynamic page we continue to list frequently asked questions
(FAQs) that prospective clients often have about their personal
injury, worker's compensation, Social Security, family law, or criminal/DUI
cases. We will continue to add both text responses as well as videos
to provide you information about your legal needs. If you have questions
you would like us to answer, you can call us, email us, or even
use the Contact Us form on our web site. We welcome suggestions
for future FAQs and videos.
One question you may be asking yourself is, "Do I really even need a lawyer?" Well, the answer to that is fairly simple. If your injuries are minimal, if you recover after a few days, if the damage to your vehicle is very slight, then the odds are you're probably not going to need a lawyer. However, if the damage to your car is extensive, if your injuries are more than just a couple of days in duration, then it's something you really ought to think about. A lot of people try and handle their personal injury cases by themselves, and the problem is the insurance company loves that, because they're professionals and they're dealing with amateurs. The bottom line is having a lawyer means that you've got somebody that knows how to work with the insurance companies, not necessarily work against them, but to work with the insurance company in such a way as to maximize your gain as the client.
So think about it carefully, if you need a lawyer, call a lawyer.
What do I have to prove to have a successful
personal injury case?
What do you need to prove to have a successful personal injury case in Tennessee? First you have to prove that there was negligence. Well, what is negligence? Negligence means basically the other fellow did something he shouldn't have done, or failed to do something he should have done. So, if you can prove that, then you can prove negligence. For instance if you are sitting at a red light and another fellow plows into the rear end of your car, he was negligent because he failed to do what he should have done which was to avoid running into the back of your car. That's how it works for instance in an automobile accident case.
The next thing you have to prove is that as a result of the accident you suffered injury. Okay, so what does this mean? Personal Injuries, it means that you suffered some sort of bodily injury or even possibly a psychological injury as a result of this car wreck How do you prove that. You have to go to the doctor. You have to get treatment. You have to document your injury. The insurance company, the opposing lawyer, the judge, the jury are not going to take your word for it that you got hurt. What they are going to look at is: whether or not you obtain medical treatment, whether or not you obtained it promptly, and how you went through this course of treatment. If you just testify or tell somebody that you are hurting, and you did some exercises at home to stretch out your back, unfortunately nobody's going to believe you. You have to document it with doctor's reports, physical therapy notes, if necessary testing from X-rays, MRI's, or CT scans. Those are the kind of damages we talk about in automobile accident cases and other personal injury type cases.
The final thing that you really have to show is that the damages or injuries you suffer from were caused by the negligence. We call this Causation. You have to prove that the negligence caused the injuries.
So those are the 3 things that you basically need to know about in terms of proving a personal injury case. Negligence, Damages, and Causation.
What "potholes" do I need to avoid
in my personal injury claim?
We have spent decades trying to figure out how to avoid problems
in personal injury cases before they become problems. Here are a
few of the most common pitfalls for the unwary:
If you have been in a wreck, don't wave off the police. If
the wreck is the other fellow's fault, you want a police report
that places the responsibility on the other party. That goes a
long way toward getting the insurance company to accept liability,
or responsibility, for its policyholder's negligence.
Make sure you have insurance. There are a lot of Tennessee
drivers who have no auto insurance. If you also are uninsured,
then there is no effective way of collecting any personal injury
compensation. Sure, you can go to trial and get a judgment against
the at-fault driver, but if there is no money from which to collect
a judgment, then it is a hollow -- and expensive -- victory.
Get medical treatment promptly. If you are injured in a car
wreck -- even if it just feels like bumps, bruises and soreness
-- go to the emergency room or your family physician immediately.
A common tactic insurance adjusters use against you is to minimize
your personal injury claim because you didn't seek treatment for
a long time after the wreck occurred. The reasoning is: if you
were actually hurt, you would have found a way to get treatment.
Because you didn't get treatment for a long time, you must not
have been hurt.
Don't have your lawyer refer you to a doctor. Defense lawyers
will argue that your lawyer sent you to a hired gun to hustle
up an injury where there wasn't one. While there is nothing technically
wrong with the lawyer referring you, it does not play well at
trial.
Be honest with your lawyer. The attorney you hire to represent
you will be your best friend. He needs to know everything about
your prior accident and prior injury history. You've got to assume
that the insurance company will know about prior accidents or
injuries. If you fail to tell your lawyer about them, both you
and he are going to get sandbagged at some point by the insurance
company or defense lawyer. It will do major damage to your case,
and you will have no one but yourself to blame.
Don't be a hero. You should assume that at any moment when
you are outside your home, the insurance company will have an
investigator videotaping you. If you push your level of physical
activity despite your doctor's restrictions, you will destroy
your case, because that extra activity will very possibly be on
video for the jury to see. Don't fake any limitations; just don't
push yourself beyond the restrictions your doctor has imposed.
Yes, it's crucial that you have all the auto insurance you can
afford. We always recommend that you get the highest possible policy
limits for the liability, uninsured motorist, and medical payments
coverages that make up your auto insurance policy. Considering that
you are paying most of your premium dollar for the minimum limits
coverage, then it doesn't cost that much more to get higher policy
limits. Hopefully, you'll never need to use the coverage, but it's
better to have too much than too little.
If the at-fault driver has liability insurance, then his insurance
company will handle your claim. If the at-fault driver is uninsured,
then your uninsured motorist coverage will step in and handle the
claim, as if it was the other fellow's insurance. By state law,
the insurance company cannot raise your rates or cancel your policy
if you use these "first party" coverages (uninsured motorist
and medical payments). If neither of you have insurance, then you
are probably out of luck. Technically, you could sue the defendant,
go to trial in about a year, and get a judgment against him. The
problem then is collecting the judgment. And, if the defendant files
for bankruptcy, you likely will never see a dime in compensation.
What do I do if I have a wreck with a hit and
run (unidentified driver)?
If the hit and run vehicle comes into contact with your car, then
your uninsured motorist endorsement covers the claim. Be sure to
promptly report the accident and the hit and run to the police,
as that usually is a requirement under the policy.
If a phantom vehicle drives you off the road but never actually
strikes your car, you have to have evidence or a witness -- outside
your vehicle -- to prove the existence and involvement of the phantom
vehicle. Without this extrinsic evidence, your uninsured motorist
claim will probably fail.
I don't understand all the different
coverages on my auto insurance policy. What are "liability,"
"uninsured motorist" and "medical payments?"
My dad used to joke, as a life insurance salesman, that you ought to try dying without it. That's the same way with automobile insurance coverage. You ought to try having an accident without it.
Most people don't understand automobile insurance and they don't want to understand it. As lawyers we deal with it every day, so we are always available to try and explain to you the in's and out's of automobile insurance coverage. Basically, auto insurance comes under several categories all wrapped up into one policy.
First you have liability coverage. That is if you are in an accident and you are at fault, it protects you if somebody makes a claim against you. Second, is uninsured motorist coverage. This type of coverage is where you are in an accident with somebody else, who is not only at fault, he's also uninsured. This coverage protects just as much, if not, more than the liability coverage, because the insured motorist coverage steps in to protect you just as if that coverage belonged to the uninsured driver. It's very important to have, especially in Tennessee where so many people do not carry automobile insurance coverage. They're suppose to, but many people don't have it.
The third type of coverage to talk about is called medical payments or med pay, as we call it. Medical payments is medical coverage. It pays for medical bills, hospital bills, doctor bills arising out of a car wreck, and it pays 100% up to the limits of the coverage. We see med pay coverage in the amounts of 1,000.00, 2,000.00, 5,000.00, sometimes even as much as 10,000.00 or 20,000.00 dollars. I think it's a great deal, because it cost relatively little added to your insurance premium to make sure you have med pay coverage, but it pays 100% of accident related medical bills. So it's a good thing to have.
So those are the 3 types of coverages you really ought to know about.
I haven't hired a lawyer, and the
insurance adjuster wants me to give a statement and sign some papers.
What do I do?
Remember that the adjuster for the other fellow is not your friend.
She has a job to do: find a way to pay as little as possible to
you. She wants to be able to freely obtain your medical records,
so she wants you to sign a medical authorization. She wants to get
a recorded statement from you to find some way of lowballing your
claim. You're not a lawyer; you don't know what you're supposed
to do. This quandary is why it's a good idea to hire a lawyer if
you have any injuries from a wreck. We recommend that you say nothing
and sign nothing without speaking to your lawyer first.
I was in a wreck where there was very
little damage to my car, but I was badly injured. The insurance
company is offering me almost nothing for my claim. What do I do?
these cases are known as Minor Impact Soft Tissue (MIST) cases.
Defense lawyers have found that, where the vehicle damage is minimal,
then juries tend not to believe the humans inside were damaged,
either. If the insurance company is playing hardball and offering
little or nothing, then about your only option (other than taking
the lousy offer) is to hire a lawyer who is willing to go to court
on what might be a small case. In making this decision you should
discuss the expenses involved, as well as your chances of getting
more than the lousy offer.
What can I recover for in a personal
injury claim? How much can I get?
We get asked this question all the time. Each case is different.
In years past, we have tried to negotiate for a multiple of the
medical bills, plus any loss of income or other quantifiable damages.
Sometimes, insurance companies like Allstate will offer only the
medical bills plus a very small amount on top of that. What we have
learned about "Big Insurance" is that they care nothing
about doing the right thing; all they want is to maximize their
profits by paying little or nothing on all claims, legitimate and
otherwise. Generally speaking, the more serious your injury, the
more serious the vehicle damage, then the more serious the claim
value.
What fees does the lawyer charge
in a personal injury case?
Most lawyers in a personal injury claim will charge a contingency
fee, which means that they don't get a fee unless you get a money
recovery. The percentage fee usually is in the one-third to forty
percent range. When you hear a lawyer say "no fee if no recovery,"
this is what he's talking about.
In addition to attorney's fees are the case expenses, including
the cost of getting medical records, filing fees, court reporter
fees, expert fees, administrative expenses, and the like. Many lawyers
will advance those expenses on behalf of their clients. When the
case is over, the client pays back the lawyer, either out of pocket
or out of the settlement/judgment check.
Worker's Compensation is what we call a creature of statute. It was created by a law passed by the Legislature well over 100 years ago. Basically it's a trade off. The employee gives up his right to sue the employer for negligence, but in return the employer, by statute, has to pay benefits for any injury the employee suffers on the job. What does it mean to have an on the job injury?
First of all it has to arise out of the employment. Meaning the activity that caused the injury, or the injury itself, must have come about as a result of some activity the employee was undertaking that is part of the employment.
Second it has to be in the course of employment. That means that the employee has to be on the job when it happens. So, if it arises out of, and in course of employment, an injury is covered under Worker's Compensation.
Do I have to prove my work-related injury was
caused by negligence before I can get comp benefits?
No. Worker's compensation benefits are deliberately no-fault benefits.
It doesn't matter if your employer was negligent just so long as
you were hurt in an accident arising out of and in the course of
your employment.
What benefits can I expect if I am injured
on the job?
What types of benefits are covered under Worker's Compensation? The law provides for basically three general types of benefits.
One is medical expenses from authorized physicians that are supposed to be paid for by Worker's Comp. When I say Worker's Comp, I mean the insurance company of the employer. So the first category is medical expenses from authorized physicians. That's a big deal. You can't simply go to any doctor and expect the Worker's Compensation insurance company to pay those bills.
Second is if you are off work essentially more than 7 days, beginning on the 8th day the Worker's Compensation insurance company is obligated to pay temporary disability. If the employee is off more than 14 days then the compensation for temporary disability goes back to the day after the accident. So, for all intent and purposes if you are off more than 2 weeks then you are going to get temporary disability. Now understand, of course, you've got to have basically an authorized physician saying that you are unfit for working duty based on the work injury. You can't have a toothache and be off work and expect Worker's Comp to pay for it.
The third category after medical expenses and temporary disability is what we call permanent disability. Usually that's permanent partial disability. Meaning the the doctor or doctors that treated you have released you with a permanent medical impairment. In theory that permanent medical impairment means that you will have a vocational or work disability. The medical impairment affects your ability to go out and get jobs in the workplace.
So those are basically the three categories of Worker's Compensation benefits that somebody in Tennessee can get. Medical expenses, temporary disability, and permanent disability.
How much temporary disability should I expect
to receive for an on-the-job injury that puts me off work?
If your authorized treating physician puts you off work -- get
a note and keep a copy of that note -- and if you are off work more
than seven days, then you start receiving temporary disability on
the eighth day. If you are off work more than 14 days, then your
temporary disability is paid back to the day after your work-related
accident and injury occurred. You should continue to receive these
benefits until the doctor releases you to return to work. If you
return to work part-time, then you will take home those part time
wages, and receive temporary partial disability for the difference
between your part-time hours and your full-time hours. If the employer
refuses to return you to work at all, then generally you can receive
temporary total disability until the doctor releases your from treatment.
Should I expect my employer to dispute the
types and amount of worker's compensation benefits I should receive?
Often, the answer to this question is yes. Employers and worker's
compensation insurance companies routinely make mistakes on calculations
of benefits. They may also claim they don't have enough information
from the doctor and refuse to pay temporary disability to you or
medical fees to the doctor. If you are permanently injured, there
are often disputes about how much they should pay in permanent disability.
If my employer and I cannot agree on the benefits
to be paid, what process do I have to go through to get my case
decided?
First, you have to file a Request for Assistance with the Tennessee
Department of Labor. A Worker's Compensation Specialist will review
your request and make a decision whether to order the benefits the
insurance company is refusing to pay. If the Specialist's decision
goes against you, you may then file a lawsuit and ask a court to
decide the matter.
If the case is ready to be settlement, you must request that the
Specialist conduct a Benefit Review Conference (BRC). A BRC is a
mediation between you and the insurance company. The Specialist
acts as the mediator, and tries to get both sides to agree on a
settlement. If the case does not settle at a BRC, then you may file
a lawsuit and ask a court to decide your case.
If I get hurt on the job, what steps should
I take right away?
First, get necessary medical attention immediately. Next, notify
your employer that you have had a work-related accident as soon
as possible -- the same day if possible. Next, if you need ongoing
treatment, ask the employer to provide you a list of three doctors,
not associated together in practice, from which you have the privilege
of choosing one to be your authorized treating physician. If the
injury is to your back, they have to give you a fourth name -- a
chiropractor. Next, see the authorized doctor as soon as possible,
and follow her medical orders.
How do I know what doctor I am allowed to seek
treatment from?
The Worker's Compensation Law requires employers to provide you
with a list of three doctors, not associated together in practice,
from which you have the privilege of choosing one to be your authorized
treating physician. If the injury is to your back, they have to
give you a fourth name -- a chiropractor.
You may see any doctor you wish, but it will likely be on your
own dime. The insurance company will not pay for any doctor it has
not authorized in advance. So be warned.
What if my authorized doctor refers me to another
medical provider for further testing or treatment?
According to the law, any doctor to whom your authorized treating
physician refers you is also authorized. In practice, however, the
insurance companies have such a stranglehold on the doctors that
there are few physicians who will see you under worker's compensation
without getting pre-authorization from the comp insurance company.
If I have finished treating, and the doctor
says I have no permanent injury and no permanent work restrictions,
then what are my options?
You have very few worker's compensation options. If the employer/insurer
has paid all your medical bills and temporary disability, and if
your released with no medical impairment and no work restrictions,
then you likely will not get much more in the way of compensation.
Some insurance companies will pay a few hundred or a thousand dollars
or so to completely settle these cases. They will categorize them
as "doubtful and disputed" cases, to satisfy the Department
of Labor Specialist or judge that must approve any comp settlement.
What if I need ongoing medical treatment for
the rest of my life?
The Worker's Compensation Law provides for lifetime medical benefits.
Theoretically, if your work-related injury requires treatment 50
years from now, then comp is supposed to authorize and pay for it.
In reality, however, the longer it has been since a case settled,
the harder it is to get an insurer to authorize and pay for ongoing
or future medical treatment. If justified, you can file a motion
in the court that handled your original comp case and ask the judge
to order the treatment to be authorized.
Can I calculate what permanent disability
benefits I could possibly get?
Yes, to a certain extent. If you have a permanent medical impairment
to your back, neck, arms or legs, and are returned to work at the
same or greater wage rate, then your permanent disability is capped
at 1.5 times your impairment rating. Thus, if your impairment rating
is 5%, your disability rating would be capped at 7.5%.
If you are not returned to work at the same or greater wage rate,
then you are entitled to up to four times your impairment rating,
and in some cases six times the rating. Thus, a 5% impairment could
possibly lead to a 20% disability rating, and in some cases, a 30%
disability rating.
You need to know your worker's compensation rate. That number is
calculated by taking your average weekly wage for the 52 weeks prior
to your injury, and multiplying by .6667.
Finally, to calculate a7.5% disability to the back or neck, for
example, you would convert the rating to a number of weeks: 400
weeks X .075 = 30 weeks permanent disability compensation. If your
worker's compensation rate is $300 per week, multiply 30 weeks X
$300 = $9,000 in permanent disability.
This is a complicated calculation. the number of weeks maximum
compensation is different for "whole body" disabilities
as opposed to "scheduled" disabilities. Frankly, it's
best to talk to a worker's compensation lawyer to help you with
these calculations.
What types of legal expenses am I going to
have as a result of a worker's compensation claim?
By statute, the maximum a lawyer can charge for a worker's compensation
case is a 20% contingent fee, which must be approved by a Department
of Labor Specialist or a court. In addition to attorney's fees are
the case expenses, including the cost of getting medical records,
filing fees, court reporter fees, expert fees, administrative expenses,
and the like. Many lawyers will advance those expenses on behalf
of their clients. When the case is over, the client pays back the
lawyer, either out of pocket or out of the settlement/judgment check.
What is "disability" and what do
I have to prove to get Social Security Disability or Supplemental
Security Income (SSI)?
When talking about Social Security Disability there are 5 steps that the Social Security Administration goes through in terms of deciding whether or not to award you disability. The first step is asking whether or not you are working. If you are engaged in what is called substantial, gainful employment then you will be denied disability and your claim is over at that point. If you're not working, or have attempted temporary work or have made what they call an unsuccessful work attempt, but are unable to sustain that work attempt, then you are not considered to be working for Social Security Disability purposes.
Second, they asked if you have a severe medical or psychological impairment? Severe means something that alters your activities of daily living. Normally, the Social Security Administration looks at that and decides in your favor when asking if you have an impairment that is severe.
Third, do you have a listed impairment? A listed impairment means types of impairments that are listed in Federal Regulations. For some reasons, the Social Security Administration almost never finds that a claimant has a listed impairment. If they say, no, you don't have a listed impairment, then the Social Security Administration looks at the fourth element.
Can you perform you past relevant work? They look back at the kinds of work you did, what the doctors say you are able to do at this point, and make a determination on whether or not you can return to any sort of work you have done in the past.
Now, if the Social Security Administration finds that you are unable to do your past relevant work, then the burden of proof shifts to Social Security to prove that there are no other jobs in the national economy not local, but the national economy that you can perform based on any physical impairments or mental impairments you might have, etc.
So those are basically the 5 elements of a Social Security Disability case.
When should I apply for Social Security Disability
or SSI?
Because the decision process takes so very long, you should file
an initial application for disability the day after you become unable
to work or the day after you earnings drop below $900 per month.
Call you local Social Security office and get an application to
fill out. You may also ask them to take an application over the
telephone in some cases.
What is the process for deciding whether I
will be awarded Social Security Disability or SSI?
Here is the process, in a nutshell: your first application will
almost certainly be denied. You then have 60 days to file a Request
for Reconsideration with SSA. Reconsideration will almost certainly
deny you disability. You then have 60 days to file a Request for
Hearing before Administrative Law Judge. This step is your best
chance at getting approved for disability. you get to have a lawyer
present testimony and evidence before a live human being. You or
your lawyer have the chance to cross-examine any vocational experts
that SSA calls to testify. If you are denied at this level, you
may file an appeal within 60 days to the Social Security Appeals
Council, which likely will be denied. At that point, you may file
a lawsuit in the U.S. District Court, and ask a federal judge to
review your case and overturn the SSA denial of benefits.
It is not at all uncommon for an initial application to exceed
the 90-120 days commonly "estimated" by the social security
administration and take as long as 6 to 8 months to complete. With
all the appeals described above, it can easily take two to three
years to get through the entire process.
What do I do if my Social Security Disability
or SSI claim is denied?
If your claim is finally denied all the way through to the federal
court level, you may always re-file your claim and start all over
again. Keep in mind that you may receive benefits beginning just
one year prior to your application date. So, if you became disabled
in 2007, you have just been fully and finally denied, you could
start all over again. If approved this time, however, you can only
get benefits dating back to 2009, one year prior to your new initial
application date.
How do I survive financially while waiting
for my SSD or SSI disability benefit case to be settled?
There is no easy answer for this question.
Social Security and SSI cases take a very long time -- up to a
couple of years or longer to go through the whole process. If you
have no money coming in, then your financial situation can become
desperate quickly.
Knowing that these cases can take such a long time, you should
try to plan ahead financially as much as possible. Don't take on
new debt (for instance, don't go buy a new car right before you
file for disability). Try to work out payment plans or other restructuring
of current debts you might have.
Claimants should also consider filing for other benefits which
they might be eligible for when the time arises, such as food stamps
or other public assistance. Seeking help from family and friends,
while a hard thing to do, might be considered as a last resort.
Just remember that your lawyer is prohibited by the ethics rules
from giving you financial assistance for your living needs.
Can anyone help me financially while I wait
for a decision on my disability case or supplemental security income
case?
Unfortunately, there are few public sources of assistance for those
seeking Social Security Disability or SSI benefits based on disability.
Consider getting in touch with your local Department of Social
Services to see what help is available in your area. Often, there
are great differences between what individual counties are able
to offer.
A good way to start is to contact an adult services social worker
at the local Department of Social Services. These workers can often
point you in the right direction, regarding available sources of
help and assistance.
If you own a home and have equity in it, you may consider refinancing
their home payment, refinancing their total debts, or drawing on
an equity line of credit while their disability case is pending.
Just remember that a Social Security claim is a marathon; you have
to be prepared to wait for years before even the possibility of
seeing any benefits.
My child is 12. She wants to live with me after
the divorce. Can she freely choose which parent she gets to live
with?
A child does not have the right to decide which parent they want
to live with after a divorce. However, the older the child is at
the time of the divorce, the more input the child will have in persuading
the judge in a custody dispute.
Tennessee is now a shared income state and child support is based
on a standardized formula that all courts in Tennessee now use.
This form includes both parents' income, day care expenses, time
spent with the child, cost for health care, and some other issues
pertaining to expenses for the child. This form can be found at
the following web site: www.tennesseeanytime.org. [Cindy: insert
hyperlink -- DCW]
What property belongs to me and will not be divided
in the divorce?
Any property that was acquired by the spouse prior to the marriage
will remain with that spouse. Also, all property acquired through
inheritance, and any gifts will belong to the spouse receiving the
property. These gifts would in include any property given from one
spouse to the other spouse.
Is alimony automatically given to the wife in
a divorce case?
No, alimony can be awarded to either the husband or the wife. Alimony
is based upon two elements: need and ability. The spouse seeking
alimony must present proof that they need the alimony for such reasons
as to better their ability to earn a living, sickness prevents them
from employment, to maintain a standard of living they had before
the separation, or for moving expenses and to relocate. These are
just a few examples of needed alimony. The more difficult element
to prove is that the other spouse has the ability to pay the alimony
sought.
How much should I expect to pay a lawyer
to get a divorce?
If both spouses agree to all issues and there is nothing contested
in the matter, then the cost for an attorney is reasonable. For
an uncontested divorce, without children and with little property,
the cost would be from $350.00 to $500.00. If there is one or more
children, the cost for an attorney would be from $500.00 to $700.00.
In the case where the parties cannot upon the division or their
property or the care and custody of their child or children, or
any other matter, this would be considered a contested divorce,
and the cost for a divorce can be astronomical. Typically, the cost
for a contested divorce can be from $3,000.00 to $25,000.00.
Once the spouses file papers for an uncontested divorce, they can
complete the divorce process in 60 days. If they have a child or
children, the process takes 90 days. If the spouses are parties
to a contested divorce, the process could take one to three years.
The court instructs all spouses getting a divorce to wait at least
30 days from the date the judge signs the final judgment for divorce.
The reason for this waiting period is that within 30 days from the
date that the judge signs the final judgment either spouse could
appeal the filing of a final divorce judgment. If an appeal is successful
and the Court of Appeals dismisses the final judgment or sends the
judgment back for further review by the judge, then the spouse that
has remarried would be guilty of bigamy and the new marriage would
be void.
Can I move out of county or out of state with
my child after my divorce?
Yes, so long as certain legal procedures are followed. The procedures
include certified notice to the other parent, a waiting period,
and several other steps are required by the law to secure the relationship
of the child with the parent who will be living away from the child.
Ultimately, if the parents cannot resolve the issue of moving, either
parent may seek a hearing in court and a ruling by the judge.
Who gets to live in the house while the divorce
is in progress?
Either or both spouses can occupy the home during the divorce,
but the court will discourage a living arrangement with both spouses
in the same house. However, if there are no issues of physical or
mental abuse between the spouses and neither spouse agrees to vacate
the home, the court will not force either one to relocate.
My spouse took all our money out of our accounts
and hid it. What can I do about that?
Upon filing for divorce, a spouse may seek an accounting of the
other spouse's actions regarding the finances of the parties. This
is called discovery. If quicker action is needed, a spouse can file
a motion in court to ask that the money be returned and placed in
a secure account where neither spouse will have access to this money
without permission from the court.
Worker's
Compensation in Knoxville and East Tennessee
