Spivey, King & Spivey, LLPSpivey, King & Spivey, LLP2026-10-28T07:22:58Zhttps://www.spiveykingandspiveyllp.com/feed/atom/WordPress/wp-content/uploads/sites/1204699/2026/09/cropped-favicon_site-icon-32x32.pngOn Behalf of Spivey, King & Spivey, LLP<![CDATA[When is theft a serious crime in Tennessee?]]>https://www.spiveykingandspiveyllp.com/?p=467842026-10-23T07:23:59Z2026-10-28T07:22:58ZIn Tennessee, a theft accusation can range from a relatively minor misdemeanor to a serious felony charge risking substantial prison time.
The potential consequences associated with a particular charge depend largely on the value of the alleged property involved, although other circumstances can also influence criminal charges as well.
Most theft cases are charged as misdemeanors, although some are classified as felonies
Tennessee generally classifies theft of property valued at $1,000 or less as a Class A misdemeanor. A conviction can result in up to 11 months and 29 days in jail and a fine. However, once the property's value exceeds $1,000, felony charges may become possible.Theft involving property worth more than $1,000 but less than $2,500 is generally a Class E felony. Higher values bring increasingly serious classifications. Theft involving $2,500 to less than $10,000 is generally a Class D felony, while property valued at $10,000 to less than $60,000 can result in a Class C felony charge.The consequences become considerably more severe when allegations involve valuable property. Theft of $60,000 to less than $250,000 is generally classified as a Class B felony. Theft involving $250,000 or more is generally a Class A felony, Tennessee's most serious felony classification.Additionally, certain circumstances can make even lower-value theft allegations particularly serious. Stealing a firearm, for example, is a felony under Tennessee law regardless of its relatively low monetary value. Multiple theft incidents arising from a common scheme may also be combined when determining the applicable offense classification. Anyone facing theft charges in Tennessee should understand the potential penalties before making decisions about their case. An experienced criminal defense attorney can examine the evidence, challenge questionable allegations and pursue an appropriate defense strategy aimed at protecting an accused person's rights and future.]]>On Behalf of Spivey, King & Spivey, LLP<![CDATA[How Tennessee values rideshare accident injuries]]>https://www.spiveykingandspiveyllp.com/?p=467492026-10-14T08:40:04Z2026-10-19T08:39:28ZHow Tennessee holds rideshare companies accountable
Tennessee does not treat rideshare companies like regular vehicle owners. The state classifies them as Transportation Network Companies (TNCs) and holds them to specific legal standards. One key requirement under this law is that TNCs must have insurance in place that protects passengers and other people on the road.
Understanding insurance coverage in rideshare accidents
One important factor in rideshare accidents is the phase of the ride at the time of the crash. Tennessee law divides rideshare driving into three periods:
Period 1: Bodily injury coverage reaches up to $50,000 for a single person and $100,000 when multiple people are injured. Property damage coverage is set at $30,000
Period 2: The driver has accepted a ride and is on the way to pick up the passenger. The available coverage may reach $1 million
Period 3: The passenger is in the vehicle. Coverage remains at $1 million
The phase active at the time of your accident directly affects the compensation available to you.
The types of damages Tennessee law recognizes
After a rideshare accident, Tennessee law allows injured people to pursue two main types of damages. Economic damages cover measurable losses like medical bills, lost wages and future medical costs. Non-economic damages address personal harm, such as pain, suffering and emotional distress. Together, both types of damages reflect the full impact the accident has had on your life.
How fault affects compensation
Tennessee law measures each party's share of responsibility through a modified comparative fault system. The amount of compensation you receive decreases based on how much fault is assigned to you. However, recovery is only possible if your assigned fault is less than 50%. If your fault reaches 50% or more, you lose the right to any compensation.
Filing your claim before the deadline
Tennessee law sets a one-year deadline to file a personal injury lawsuit, starting from the date of the injury. Certain exceptions, such as legal incapacity or minority, may extend this deadline. Beyond the deadline itself, waiting too long can also cause important evidence to disappear. Witness memories fade, records become harder to obtain and accident details become less clear over time.
Know your rights before accepting a settlement
Insurance companies have teams dedicated to minimizing payouts. Without an understanding of Tennessee's rideshare laws, it can be difficult to recognize when a settlement offer falls short. Knowing how damages are calculated and how fault is determined puts you in a better position to assess what you are truly owed.]]>On Behalf of Spivey, King & Spivey, LLP<![CDATA[What happens to the house in a divorce when nobody can afford it?]]>https://www.spiveykingandspiveyllp.com/?p=467572026-10-08T10:16:17Z2026-10-13T10:16:02ZWanting to keep the house in your divorce and being able to afford it are two different things. Even if one spouse can afford the mortgage, insurance, maintenance and other bills, there’s no guarantee that a bank will lend them the money to refinance on their own income.
If neither you and your spouse can afford to keep the house after the divorce, there are a couple of options.
Selling the house and dividing the proceeds.
This is definitely the simplest option. Once you sell the house, you and your spouse can walk away from the mortgage and each other. Once the mortgage and selling expenses are paid, any remaining proceeds must be divided according to Tennessee’s equitable distribution rules. How much you get to keep may, therefore, depend upon what you have accepted by agreement or the court has deemed fair. The problem with selling the family home in a divorce comes when there’s not a lot of equity in the place. Repairs and renovations prior to sale, real estate commissions, closing costs and other seller expenses can leave you in the hole. You may have to come up with thousands just to offload the property.
Keeping the house for a few more years
Another possibility is continuing to own the property together for an agreed-upon period before selling it in the future. This can allow you to build equity and stabilize your finances before selling.However, continuing to own property with your ex-spouse can get complicated. A written agreement is necessary to address:
Who pays the mortgage, taxes, insurance and utilities
Who handles routine maintenance and major repairs
Whether the spouse who moves out can inspect or access the property
When the house will be sold and how the proceeds will be divided
What happens if someone stops paying their share or wants to sell early
How all proceeds will be divided once the property is sold in the future
The agreement should also spell out how decisions about major changes and expensive repairs will be made and what happens if the home somehow loses value. The non-resident owner’s contributions to the mortgage and other household expenses may also need to be considered when evaluating child support obligations, if applicable.Neither option is perfect. Selling is freeing, but it can create immediate financial hardship, while keeping the house means staying tied to your past for a while. A Tennessee divorce attorney can help you evaluate your options. ]]>On Behalf of Spivey, King & Spivey, LLP<![CDATA[Should you report a rideshare accident via the app first?]]>https://www.spiveykingandspiveyllp.com/?p=467452026-09-28T13:06:18Z2026-10-01T13:05:10ZWhat do you do when your Uber or Lyft ride ends in a crash? Once the shock wears off and you’re safe, you may notice that the rideshare app has an option to report the accident. Should you use it immediately, or wait until you’ve spoken with an insurance company?
Go ahead and report it, but be cautious
It generally makes sense to report the crash through the rideshare app right away, but keep your initial report brief and factual. Reporting does create a record that ties your trip to the accident and your injuries and gives the rideshare company notice. It does not mean, however, that you should go into a lot of detail. Do not give descriptions of your injuries, since they may still be developing. Do not speculate about fault or even mention what you think happened. Simply state that an accident occurred, where and when it occurred and who was involved. You can discuss details at another time – after your medical needs have been met and you’ve had time to process the events. Keep a screenshot or copy of your report.
Anticipate a call from the rideshare company’s insurer
Once you report the accident via the app, you will probably receive a call from the rideshare company or its insurer. You can confirm the basic facts, but do not agree to make a recorded statement. Do not agree to sign any releases for your medical information at this time.Accidents happen – but when a motor vehicle accident involves Uber or Lyft, there can be a number of complications between you and the compensation you need to recover from your injuries and losses. A skilled personal injury attorney can help you receive the compensation you are due. Speaking with an attorney before you divulge anything but the basic facts to the rideshare company or their insurer protects your interests. ]]>On Behalf of Spivey, King & Spivey, LLP<![CDATA[How can a DUI affect your professional license?]]>https://www.spiveykingandspiveyllp.com/?p=466992026-09-22T10:12:44Z2026-09-25T08:19:06ZCheck the rules for your profession
Each Tennessee licensing board follows its own reporting requirements. Certain health professionals, for example, maintain practitioner profiles through the Tennessee Department of Health. These public profiles list felony convictions and misdemeanors that the board treats as serious within the past 10 years.
A practitioner profile gives the public basic information about a licensed health professional. If the reporting rules cover your conviction, that information may become part of your profile.
Other professions use different requirements. A board may ask about criminal convictions when you apply for or renew a license. The rules for your field determine what you have to disclose and when.
Your board may review the case
A DUI conviction does not automatically end your professional license. Your board may review the case under the laws and standards that govern your work.
For Tennessee health professionals, a board can review conduct that may violate the profession's practice rules. It can also impose discipline when state law allows it. Final board actions may appear in public licensing records.
The board's review remains separate from the outcome of your criminal case. It may consider the conduct behind the conviction when deciding whether discipline applies.
Keep both matters organized
You may want to review your DUI case alongside the requirements that apply to your license. Consider keeping court papers and board notices in one place. Organized records may help you track deadlines and prepare for court or licensing proceedings that follow.]]>On Behalf of Spivey, King & Spivey, LLP<![CDATA[Safeguarding your child’s academic interests during divorce ]]>https://www.spiveykingandspiveyllp.com/?p=467032026-09-17T20:04:38Z2026-09-23T20:04:16ZDivorce can change where children live, how they spend their time and create a need to move between households. While parents are managing these changes, children are still expected to attend school, complete assignments and maintain academic progress. Protecting their stability should be an important part of divorce and co-parenting discussions accordingly. For example, newly divorcing spouses should consider how proposed parenting schedule might need to be influenced by the realities of their children’s school week. Frequent exchanges may work well for some children but create difficulties for others. Additionally, transportation, early start times, homework demands and extracurricular activities should factor into decisions about where children spend school nights.Parents should also determine how educational information will be shared. Both parents may need access to report cards, school portals, teacher communications and notices about conferences or disciplinary concerns, depending on their legal rights. Relying on a child to carry important school information between households can lead to missed deadlines and unnecessary pressure.
Crafting a child-centered plan that works
Consistency can help children academically. Parents do not necessarily need identical household rules, but dramatically different expectations regarding homework, attendance, bedtime or screen use can create difficulties. Establishing basic shared expectations may make it easier for children to stay organized.To that end, a parenting plan may need to address who has authority to make decisions involving school enrollment, tutoring, special education services or other significant academic matters. Parents should understand whether these decisions must be made jointly or whether one parent has final authority under their custody arrangement.Most importantly, it’s important for parents to avoid allowing academic issues to become a battleground. A disappointing grade should not become evidence that the other parent is incompetent, and teachers should not be unnecessarily drawn into parental disputes. Keeping discussions focused on solutions can better serve a child’s needs.When families are struggling to balance all of these challenges, know that a skilled legal team can help parents develop parenting arrangements that address school schedules, educational decisions and communication while protecting a child's opportunity to remain academically stable throughout and after their parents’ divorce.]]>On Behalf of Spivey, King & Spivey, LLP<![CDATA[What does “residential schedule” mean in TN custody cases?]]>https://www.spiveykingandspiveyllp.com/?p=466962026-09-11T19:42:38Z2026-09-02T17:39:12ZWhen Tennessee parents separate or divorce, many quickly encounter consequential legal terminology that may be unfamiliar. For example, one important phrase that impacts most parents of minor children who are going their separate ways is “residential schedule.” Although it sounds complicated, the basic concept is straightforward: a family’s residential schedule establishes when a child will reside with each parent.
In Tennessee, a residential schedule is generally part of a family’s formalized Permanent Parenting Plan. It addresses how parenting time will be divided throughout the year, including ordinary weekdays and weekends. Rather than relying on vague expectations about when each parent will see their child, a formalized schedule provides enforceable structure that both households can follow.
Primary considerations
Tennessee also uses the terms “primary residential parent” and “alternate residential parent.” The primary residential parent is generally the parent with whom the child resides more than half of the time under the parenting plan. However, that designation does not necessarily mean the other parent has a minor role in the child's life. Depending on the circumstances, parents may have a schedule that provides substantial residential time to both.A residential schedule may address much more than a standard weekly routine as well. Parents must also consider holidays, school vacations, birthdays and summer breaks. Transportation arrangements and exchange times may be specified as well. The objective is to create predictable expectations while accounting for the realities of the family's circumstances.There is no single residential schedule that works for every family. Parents should think practically when developing a proposed schedule. A theoretically equal arrangement may become difficult to maintain if it requires constant transportation, interferes with school or creates unnecessary instability. Conversely, unconventional work schedules may call for creative solutions. Speaking with a skilled legal team about these considerations can help parents craft a structure that will work well for their unique circumstances. ]]>On Behalf of Spivey, King & Spivey, LLP<![CDATA[What happens after a felony arrest in Tennessee]]>https://www.spiveykingandspiveyllp.com/?p=466642026-08-17T10:43:57Z2026-08-20T10:43:00Z felony arrest in Tennessee can turn your world upside down in an instant. Once law enforcement makes an arrest, a legal process begins that moves through several stages and each one carries its own timeline and decisions that could shape how your case unfolds.
1. Booking follows the arrest
After an arrest, officers usually take you to a local jail for booking. This step often includes fingerprints, photographs and an official record of the charges against you.
2. A bond hearing sets release terms
From there, a judge or magistrate decides the conditions for your release, often called bail or bond. Tennessee law gives many defendants a right to bail, though a judge may still weigh factors such as flight risk or community safety before setting your release terms and amount.
3. A preliminary hearing weighs the evidence
If your case starts in general sessions court, you may have a preliminary hearing next. Here, a judge looks at whether prosecutors have enough evidence to move forward, sometimes called probable cause. This hearing does not decide guilt or innocence. It only decides whether the case continues.
4. Indictment shifts the case to criminal court
From general sessions, many felony cases head to a grand jury, which decides whether to issue an indictment. Once indicted, your case moves to criminal court and this shift matters because each court level follows its own procedural rules.
5. Arraignment enters a formal plea
At arraignment, you formally hear the charges against you and enter a plea. Working with defense counsel who knows how both general sessions and criminal court operate can make a real difference at this stage.
6. Negotiations or trial decide the path forward
From here, your case could take a few different directions:
Reaching a plea agreement with prosecutors that resolves the case without a trial
Raising pretrial motions about evidence, procedure or constitutional rights before the case reaches trial
Heading to trial, where a judge or jury decides the outcome, if no agreement comes together
Which path your case takes often depends on the strength of the evidence and the specific circumstances surrounding your charges.
7. Sentencing follows a conviction
If a plea or trial ends in a conviction, a sentencing hearing usually comes next. Judges tend to weigh several factors here, including the details of the offense, your criminal history and any mitigating circumstances, before handing down a sentence.
Why early representation may matter
The process shifts from general sessions to criminal court, so bringing an attorney into your case early could help preserve options at each stage. Reaching out to a Tennessee criminal defense attorney soon after an arrest may give you more time to review the evidence, explore negotiations and build a criminal defense strategy suited to your circumstances.]]>On Behalf of Spivey, King & Spivey, LLP<![CDATA[Truck crash claims involving wrongful death require a broad approach]]>https://www.spiveykingandspiveyllp.com/?p=466922026-08-10T08:58:11Z2026-08-13T08:57:52ZAs essential as the trucks that move up and down Interstates 81 and 26 are to keep consumers supplied, they can also be really scary when you have to share the road with them. A collision with a truck can leave you with serious injuries that require considerable compensation. Many families have been left financially and emotionally devastated after a loved one was killed in a truck crash.
Multiple parties may bear responsibility
There is usually a whole team of people behind the trucker you see in the cab. So bringing a claim often requires targeting more than just the driver.The trucking company the driver was working for may share liability when a crash occurs, since employers are generally responsible for their employees. There is also a possibility that the trucking company is also negligent for things like faulty or insufficient truck maintenance or for pushing a driver to continue without adequate rest or failing to screen and train them properly.The shipping and loading company may also have to shoulder some liability. If they do not balance the load well, or if they fail to secure it adequately, it could shift when the driver is back on the road, causing them to lose control of the vehicle. They might be considered partially liable for compensating anyone injured by it.Repair companies, too, have to be examined. Trucks work hard, so they require regular maintenance. If a mechanic fails to do their job properly, it could lead to a failure that contributes to or causes a crash. For instance, if the truck driver runs into the back of someone, it might be partly because the brakes failed after a mechanic failed to properly connect them.Even parts manufacturers may be involved in a truck accident claim. Sometimes a mechanical failure is down not to the mechanic, but to a faulty part. In that case, the manufacturer of that part may bear some liability.Understanding who you can hold responsible for compensation can be challenging after a truck crash. Experienced legal guidance is wise.]]>On Behalf of Spivey, King & Spivey, LLP<![CDATA[What students should know after a rideshare accident]]>https://www.spiveykingandspiveyllp.com/?p=466902026-08-07T10:49:24Z2026-08-12T10:48:53Z unique challenges, including frequent cellphone use for navigation and ride requests, as well as fatigue from driving long hours or working a second job. These factors can increase the risk of an accident.
What happens after a rideshare accident?
When a crash occurs, injured passengers are often left wondering who is responsible for paying for their medical bills and other losses. One of the biggest concerns after a rideshare accident is determining who is at fault.
The good news for passengers is that they generally do not have to prove the rideshare driver caused the crash before seeking compensation. Depending on the circumstances, an injured passenger may have a claim against the rideshare driver's insurance, the other driver's insurance or, in some cases, the rideshare company's insurance coverage.
Because passengers are rarely responsible for causing a collision, they are often in a stronger position to pursue compensation than the drivers involved. A successful claim can help cover medical expenses, rehabilitation costs and any lost income. Companies such as Uber and Lyft also provide liability insurance that may apply while a ride is in progress, although determining which policy applies often depends on the specific facts of the crash and the insurance coverage available.
If you were injured while riding in a rideshare vehicle, understanding your legal rights can make a meaningful difference as you recover. Speaking with a legal professional can help you better understand your options, identify the insurance coverage that may apply and determine the next steps toward pursuing the compensation you deserve.]]>