The Law Office of Jeffrey JonesBartlett Family Law Attorney | Criminal Defense Lawyer2024-01-14T23:58:40Zhttps://www.lawjj.com/feed/atom/WordPress/wp-content/uploads/sites/1602776/2021/07/cropped-jeffrey-jones-site-icon-32x32.jpgOn Behalf of The Law Office of Jeffrey Joneshttps://www.lawjj.com/?p=497302024-01-14T23:58:40Z2024-01-14T23:58:40ZGather and protect your valuable documents
A toxic divorce usually lasts longer than a normal divorce because it can involve a lot of disagreements and disputes that can go on for as long as ten years. So, the best thing you can do is to nip the problem in the bud and gather all your valuable documents, such as bank statements, asset titles, insurance policies and other important papers.
When you have all the documents needed for a divorce, your spouse can't use them as a bargaining chip or withhold them from you. You can even use them to file for divorce if they are not cooperating.
Communicate with your spouse in writing
Trying to communicate with a toxic spouse verbally can be risky as they may twist your words and use them against you. Instead, communicate in writing where you have evidence of the conversation. This could include emails or text messages.
Seek legal assistance
In a potentially toxic divorce, it is crucial to have a lawyer on your side who specializes in family law and has experience dealing with difficult divorces. They can provide valuable advice and guide you through the legal process, helping protect your rights.
A toxic divorce will wreak havoc on your mental, emotional and financial well-being. It is important to prioritize your safety and that of your children, if you have any, during this difficult time. Remember to stay strong and surround yourself with a support system of friends and family who can provide emotional support during this challenging process. Most importantly, don't blame yourself for the toxic behavior of your spouse and focus on moving forward towards a healthier and happier future.]]>On Behalf of The Law Office of Jeffrey Joneshttps://www.lawjj.com/?p=497282024-01-09T21:19:26Z2024-01-09T21:16:27Zit is okay to talk about mental health. If you have mental health challenges, it is important to have compassion for yourself. Don't forget to mention it to your attorney in case it comes up in court later; it can be helpful in proactively developing an overall strategy.
Mental health issues are common
Lots of people deal with mental health challenges. 1 in 5 Americans live with some form of mental illness. If this comes up in your case, you are not alone, and there are resources to help.
If you are concerned about child custody, keep in mind that the court's focus is to make sure that children are safe and happy.
If mental health is an issue in a child custody case, the court wants to understand how it might affect the children. The court's primary aim is not to take the children away, limit parenting time, or dictate how parents should raise their children.
The court's purpose in child custody cases is to ensure parents meet their kids' needs physically, mentally and emotionally, and that the children thrive in a secure, stable and loving environment.
Key factors the court may examine
Evidence of parenting abilities
Children's safety and security
Parents' presence in their children's lives
Consistency in the children's day-to-day
If you struggle with mental health, the best thing you can do for yourself and your child is to get help and treat it. Nowadays, mental health is losing its stigma because it touches so many people in one way or another.
Things you can do
If you are concerned about mental health issues affecting child custody, ensure you seek treatment, can provide proof that you are undergoing treatment, and can provide a stable, secure, and caring environment for your child.
In addition, it does not hurt to let the court know that you want to because you genuinely want to spend time with your child.
Remember, mental health challenges do not mean you will automatically lose custody of your children. It is simply one factor that the court will want to consider in order to get a full picture of your abilities as a parent.
]]>On Behalf of The Law Office of Jeffrey Joneshttps://www.lawjj.com/?p=497262024-01-04T05:11:37Z2024-01-04T05:11:37ZWhat is a postnuptial agreement?
A postnuptial agreement is similar to a prenup but signed after the marriage. It outlines the rules of how you want your assets divided in case of divorce or the death of one of the spouses. While it does not contain information on child custody and support, it can address alimony. If the couple does divorce, for example, it helps provide them with a plan for dealing with one of the most complicated parts of the dissolution of the marriage. It must be a fair agreement without financial encouragement for one spouse to choose divorce over the continuation of the marriage.
Why should couples consider a postnup?
There are many reasons why couples should consider a postnup. Even couples at a good place in their marriage might benefit from drafting and signing one. Some of the reasons include:
The beginning of a new business venture that one spouse wants to ensure will remain theirs in case of a divorce
The rules for reconciliation in the marriage after a conflict, such as an affair
A needed change to an existing prenuptial agreement, such as when circumstances have changed significantly
A postnuptial agreement can serve to create a clearer way to handle your assets if your marriage does not work out or if one of the spouses dies and there is a question about who will receive some of their assets. It might be of help with both marriage, as it clears up any doubts about what you both want for your financial future and divorce.]]>On Behalf of The Law Office of Jeffrey Joneshttps://www.lawjj.com/?p=497172023-12-28T05:08:26Z2023-12-28T05:08:26ZThe effect of divorce on mental health
The process of divorce can create strain and tension. For someone who is already struggling with mental health issues, a divorce can act as a trigger for intense emotions. The person might then act desperately, fearing what is happening to their life. Their reaction can range from doing whatever it takes to stop the divorce to taking extreme actions to punish their spouse for the divorce, including lying about situations that can impact their spouse legally and emotionally. In a custody battle, for example, someone with mental health issues might accuse their spouse of things that can lead to limited visits with their child or even arrest.
Preparing for divorce
When you are dealing with a spouse with mental health issues, you need to prepare yourself for the divorce process by taking measures to specifically address concerns relating to this. Some of the things you can do include:
Limiting interactions to public places or where a witness is present
Keeping records of all interactions that speak to the behavior and of past incidents or interactions that are evidence of this pattern
Gathering a divorce team that can guide and support you through the process
Enlisting a mental health professional who can help you with your concerns and fears about the situation
In many cases, the signs of mental health issues were there even before the relationship fell apart. You may have overlooked them, or triggers may not have been present to cause the symptoms to manifest. If you recognize that this might be a factor in your divorce, it is best to address it even before the process starts to prepare for what is to come.]]>On Behalf of The Law Office of Jeffrey Joneshttps://www.lawjj.com/?p=497132023-12-19T03:48:55Z2023-12-19T03:48:55ZHow to prepare for court
Gather any documents that are relevant to the case, and if possible, try to make copies at home. This is because it may be more expensive to make copies at court, and it may take less time and effort to do so at home compared to in court. Furthermore, you should bring cash in case you have to pay for parking or incur other miscellaneous expenses. Finally, you should bring water, medication and anything else that you absolutely can't live without over the course of a day. It's important to note that cellphones may be prohibited in court.
What to expect while in court
You should dress professionally for a divorce hearing and avoid chewing gum, smacking your lips or doing anything else that could be distracting to others. You should also keep any responses as short as possible to avoid annoying the judge or otherwise harming your case. You are also encouraged to take a pragmatic view of your case to determine what else you can do to obtain a favorable outcome in the matter.
A divorce can be stressful even if you don't have to go to court. However, if you do, it's important to be prepared and to present yourself in a positive light during a hearing. This may help to counter whatever is said about you in pre-hearing filings or during the proceeding itself.]]>On Behalf of The Law Office of Jeffrey Joneshttps://www.lawjj.com/?p=497102023-12-14T01:41:49Z2023-12-14T01:41:49ZTroubling trends
Many enthusiasts are literally putting their lives in their own hands. Recent data from the National Highway Traffic Safety Administration (NHTSA) reveals that 871 cyclists died in 2018, a significant forty-percent increase from 623 in 2010. The following year (2019) saw a nearly three percent reduction, with a slight rise in 2020 (675) during the COVID-19 pandemic.
Somewhat surprisingly, a large majority of these horrific accidents do not involve other vehicles. Bicyclists are more likely to fall or hit an unmovable obstacle. Twenty-five percent of fatalities in 2020 were the result of hit-and-run accidents between the hours of 6:00 pm and 9:00 pm.
Older bicyclists at risk
The highest number of fatalities occurred for bicyclists aged 50 to 59, totaling 101. Out of that number, only eight were women. Older riders 60 to 64 accounted for 90 fatalities. Those 50 to 54 accounted for 82. Eighty deaths were in the 65 to 69 demographic. Combining all the demographics, 353 cyclists died, making up 41 percent of the overall total.
Some good news shows male 19 and under bicyclist deaths declining steadily from 638 in 1975 to 67 in 2019, accounting for only eight percent of the total fatalities. However, with age may not come wisdom as males 20 and older grew from 180 to 652 or 70 percent.
Females 20 and younger have also fallen, specifically from 148 in 1975 to 12 in 2019, representing only one percent. Those in the next older demographic in the same year resulted in three percent or 32 deaths. Overall, the demographic accounted for 13 percent or 107 fatalities.
Dangerous urban terrain
Finally, the demos are common when looking at overall urban versus rural areas. Urban bicyclists increased by nearly 50 percent from 2010 to 2019, with rural residents growing by 4.6 percent.
A motor vehicle versus a pedal-powered transport involved in a collision usually has a single outcome. More serious and potentially fatal injuries for bicyclists, particularly those in more populated urban areas.]]>On Behalf of The Law Office of Jeffrey Joneshttps://www.lawjj.com/?p=497092023-12-13T06:26:58Z2023-12-13T06:26:58ZHow officers get search warrants
Before an officer can get a search warrant under criminal statutes and the Constitution, they must have enough evidence to have probable cause to believe the evidence of a crime can be found in a specific area, someone located there committed a crime and a search of the location will likely uncover the evidence. When an officer has probable cause, they can then write a search warrant affidavit in which they describe with particularity why they believe there is good cause for the judge or magistrate to issue a search warrant, the location to be searched and why the search is necessary. If the judge or magistrate is satisfied that the probable cause standard has been met, they will then issue a search warrant for the specific area to be searched and evidence to be seized.
Areas in which the individual had no reasonable expectation of privacy (trash bin located outdoors or objects left in plain view, for example)
When exigent circumstances/emergencies exist (fires, screams, etc.)
Stop and frisk when an officer reasonably believes someone in public is engaging in criminal activity
Search incident to a legal arrest of the individual's immediate area
Arrest in public when an officer observes an individual committing a crime
The search warrant requirements are important protections for people in the U.S. Without the constitutional protection against unreasonable searches and seizures, police officers could search anything they wanted and arrest people even when they didn't have evidence to believe they had committed a crime.]]>On Behalf of The Law Office of Jeffrey Joneshttps://www.lawjj.com/?p=497062023-12-12T21:27:23Z2023-12-12T21:27:23ZHonesty is key
First, being honest with your children is the most important aspect of the conversation. Yes-it will probably be uncomfortable, but children need to know the truth and often sense when their parents are not being honest with them, which makes them feel unsafe, and sometimes, lose trust in their parents.
Consider their age
While honesty is critical, you must consider their age and maturity level. For example, if your child is a toddler, the type of conversation you will have with them differs from the conversation you will have with a teenager. Older children need reassurance that you love them and that both parents will continue to love them and be with them, no matter what.
Address fault
It is very common for children to blame themselves for their parents’ divorce. It is critical that you tell them, as clearly as possible and as many times as necessary, that your decision to divorce has nothing to do with them, and that divorce is a part of life in certain families.
Create a picture of the future
One of the best ways to end the conversation with your children is to give them a detailed mental picture of what their future will look like. Be prepared to answer questions and to explain to them, step by step, what will happen. For example, if one parent is moving out of the family home, ensure you tell them when it will happen, where the parent is going, and what that move means.
Give them hope
For every piece of bad news, try to reassure them with another piece of good news. For example, if you are discussing the moving out part, tell them you will now give them cell phones so they can speak with the other parent when they are not in the same physical space.
Divorce is a difficult subject to address with children and there is no way around the awkwardness and pain that comes with having those conversations. However, there are ways to plan strategically how you will communicate with your children so you can mitigate the damage as much as possible.
Remember, divorce will hurt, but pain is also a part of life, and there is no realistic way of shielding children from pain forever. It is alright to feel the pain, to express to them you also feel sad, and that together, you will support each other as a family, albeit an unconventional family, to heal and become stronger.]]>On Behalf of The Law Office of Jeffrey Joneshttps://www.lawjj.com/?p=497052023-12-08T17:48:46Z2023-12-08T17:48:46ZPenalties for refusing a test
Tennessee's implied consent law imposes strict penalties for those who refuse to undergo a breath or blood test.
The first refusal can lead to a one-year suspension of your driving license.
A second refusal within ten years results in a two-year suspension.
If an accident involving injury or death occurred, a refusal can lead to a two-year license suspension, regardless of previous refusals.
It’s important to note that refusing to consent to a test is not protected by the 5th Amendment. It can be one more piece of evidence that prosecutors can use against you.
Challenging implied consent violations
Just because you've been accused of violating the implied consent law doesn't mean you're without options. Defense strategies can include questioning the lawfulness of the initial traffic stop or the officer's suspicion of your intoxication.
If the officer did not have a valid reason for the stop, any subsequent evidence (including refusal to take a test) may be inadmissible in court. Likewise, the officer must have reasonable suspicion of DUI to request a test. If this suspicion can be challenged, the implied consent violation may be invalidated.
You have rights even if you refuse a breath test.
Refusing a breath or blood test can lead to immediate penalties and impact the outcome of a DUI case. However, no matter the choices you make during your arrest, you have many important rights that must be proactively defended.]]>On Behalf of The Law Office of Jeffrey Joneshttps://www.lawjj.com/?p=497032023-12-06T15:38:42Z2023-12-06T15:38:42ZNo-fault state
Tennessee is a “no-fault” state, meaning the court does not consider the reasons for the divorce when determining issues like alimony and property division. The fact that your spouse was unfaithful does not entitle you to more of the marital property or spousal support.
While the emotional toll of infidelity can be significant, and it often is, it typically does not directly affect the financial aspects of the divorce settlement, per Tennessee divorce law.
Factors the court considers
When it comes to alimony, also known as spousal support, family courts base their decisions on information other than the reasons for the divorce, such as the length of the marriage, each of the spouses’ earning capacity, what each spouse contributed to the marriage and the overall financial needs of each spouse.
For example, if one spouse exited the workforce to care for the couple’s children and the other spouse became the sole breadwinner of the family, the court will take that into consideration when determining alimony because, depending on the length of the marriage, the spouse who exited the workforce may not have significant work experience and may be older in age, both factors that may make it difficult for them to get a job.
Equitable distribution
Tennessee follows equitable distribution principles when dividing marital assets. This means that the court aims to divide marital property fairly but not necessarily equally, given that it takes the above factors (and others) into account when deciding on the division of assets.
Exceptions
In certain cases, if the spouse who was unfaithful spent marital funds to support the affair or gave the person with whom they had an affair money or assets that belonged to the married couple, the court may take that into account. This type of scenario can affect the court’s financial determination in the divorce settlement.
Working with an attorney who has counseled clients who have gone through similar situations is important and can make a significant difference in the case's outcome. It is critical for the attorney to be knowledgeable about these nuances and exceptions to Tennessee’s divorce laws so that they can argue for the best interests of their client.
Divorce is a difficult and complicated process for everyone who has to go through it, especially when the reasons for the divorce are painful and strong emotions are involved in the decision to divorce.
Knowing that there is hope on the other side and that you will recover is important to keep in mind during the divorce process so you can remain rational when deciding what your goals are and be able to communicate them clearly.]]>