Spivey, King & Spivey, LLP Spivey, King & Spivey, LLP 2026-09-11T21:19:04Z https://www.spiveykingandspiveyllp.com/feed/atom/ WordPress /wp-content/uploads/sites/1204699/2026/09/cropped-favicon_site-icon-32x32.png On Behalf of Spivey, King & Spivey, LLP <![CDATA[What does “residential schedule” mean in TN custody cases?]]> https://www.spiveykingandspiveyllp.com/?p=46696 2026-09-11T19:42:38Z 2026-09-02T17:39:12Z When 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[How can a DUI affect your professional license?]]> https://www.spiveykingandspiveyllp.com/?p=46699 2026-08-28T08:21:06Z 2026-08-30T08:19:06Z Check 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[What happens after a felony arrest in Tennessee]]> https://www.spiveykingandspiveyllp.com/?p=46664 2026-08-17T10:43:57Z 2026-08-20T10:43:00Z 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=46692 2026-08-10T08:58:11Z 2026-08-13T08:57:52Z As 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=46690 2026-08-07T10:49:24Z 2026-08-12T10:48:53Z 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.]]> On Behalf of Spivey, King & Spivey, LLP <![CDATA[Why prenuptial agreements aren’t just for the wealthy]]> https://www.spiveykingandspiveyllp.com/?p=46688 2026-08-06T09:00:48Z 2026-08-11T08:59:41Z A prenup is like an insurance policy Some couples worry that requesting a prenup makes them look like they expect the marriage to fail. Instead, it’s better to view a prenup the same way one would view insurance. It is a way to prepare for life’s uncertainties while hoping that insurance never becomes necessary. Even if you don’t consider yourself wealthy, you and your future spouse likely have assets worthy of protecting, such as:
  • A home
  • Retirement savings
  • Investment accounts
  • A small business
  • An inheritance
Assets are only a part of a couple’s financial picture. There are also debts to consider. If one or both partners enter the marriage with significant student loans, credit card balances or business debt, a prenuptial agreement can clarify responsibility for those obligations. One of the greatest benefits of a prenup is that it encourages honest financial discussions about their income, savings, spending habits, financial goals and future plans. When you consider that finances are one of the leading causes of divorce, it’s understandable how these discussions can strengthen communication and help couples begin their marriage with a better understanding of each other’s expectations. It’s best to begin the process early, so both individuals have time to review the prenuptial agreement carefully. Working with a legal professional can help ensure that it complies with the law and reflects your goals.]]> On Behalf of Spivey, King & Spivey, LLP <![CDATA[What does it mean to commingle separate assets?]]> https://www.spiveykingandspiveyllp.com/?p=46677 2026-08-05T06:51:15Z 2026-08-10T23:18:02Z When couples go through a divorce in Tennessee, one important step is to identify both separate and marital assets. Marital assets then have to go through the property division process, as both spouses own them jointly. But there are some separate assets that may be excluded from property division. Commingling simply means mixing assets together. In some cases, when a separate asset is mixed with other marital assets or used in a specific way, it can turn into a marital asset. This can dramatically change how property division works.

Funds that were brought into the marriage

For example, if someone gets married but had previously saved up a significant sum of money, such as $100,000, it may qualify as a separate asset. They earned that money before the marriage, and their spouse has no claim to it. They would get to keep the $100,000 after a divorce. But say that they use that money to purchase a home together. Because that home is a shared asset, this commingles the funds. The individual who bought the home likely cannot claim that they get to keep the house just because the money was initially theirs. They have essentially shared it with their spouse, especially if they are both on the title and deed for the home. Similarly, if they give their spouse access to the money or store it in a joint financial account that they can both use, this could commingle it with other financial assets. The entire account may then need to go through property division, even though some of the funds were initially a separate asset.

Addressing property division conflicts

Issues with defining marital and separate property can certainly lead to conflicts during a divorce. Couples in this position need to know what legal steps they can take to protect their rights.]]> On Behalf of Spivey, King & Spivey, LLP <![CDATA[It’s easier for underage Tennessee drivers to get a DUI]]> https://www.spiveykingandspiveyllp.com/?p=46674 2026-08-05T06:51:34Z 2026-08-10T23:11:11Z Any driver who breaks the legal limit in Tennessee runs the risk of facing impaired driving charges. For the majority of adult drivers, this legal limit is a blood alcohol concentration (BAC) of 0.08%. In some cases, drivers can be arrested even under this limit, if there is other evidence that they are impaired. But for underage drivers specifically, the DUI risk is a bit higher. This is because Tennessee uses a zero-tolerance law. For anyone who is under 21 years old, their legal BAC limit is just 0.02%.

Why is the law set up this way?

The basic reason why the law is written this way is simply that the legal drinking age is 21. So, in theory, any driver who is under 21 years old cannot have legally consumed any amount of alcohol. Therefore, if a test shows that they have, they could face serious ramifications. But one issue that this can create for young drivers is that they may not have had very much alcohol at all, and they can still fail a breath test. A teenager may only have half of a drink at a party with friends, for example, and may not really be able to feel the effects of the alcohol or feel impaired. But it could still increase their BAC slightly so that they find themselves facing DUI charges, when an adult driver would have been well under the legal limit. It is very important to understand the intricacies of DUI laws in Tennessee and how they apply to different age groups. Those who find themselves facing charges must know what legal options they have.  ]]> On Behalf of Spivey, King & Spivey, LLP <![CDATA[Digital evidence and the Third-Party Doctrine]]> https://www.spiveykingandspiveyllp.com/?p=46676 2026-09-11T19:41:12Z 2026-08-10T23:10:53Z The Third-Party Doctrine applies to searches that the police carry out and how they can obtain digital evidence during a criminal case. It sometimes provides them with avenues to access that evidence that they would not otherwise have. In general, people have an expectation of privacy when it comes to their devices, such as their cellphone. Police may want to search a phone to look at text logs, location data, call records and much more. But they generally need to get the consent of the person who owns the phone, or they need to get a search warrant from a judge. Only then can they unlock the device.

Reducing the expectation of privacy

That said, when someone willingly and voluntarily shares information with another party, it can reduce their expectation of privacy. An example of this could be if someone downloads a social media app and then uses it to send messages to other users. They are voluntarily sharing the contents of those messages with the company that owns the social media app. To see the contents of those messages on the phone itself, police would need consent or a search warrant. But the Third-Party Doctrine gives them another option, which is to subpoena the tech company. That company can then access the records on its end and turn them over to the police, even if they never actually search the phone itself.

Your criminal defense options

Digital searches can be very important in a variety of criminal investigations, from misdemeanors to felonies. For those who are facing charges, it is critical that they understand all of their legal rights and their defense options.  ]]> On Behalf of Spivey, King & Spivey, LLP <![CDATA[Physical and legal custody can be split differently in Tennessee]]> https://www.spiveykingandspiveyllp.com/?p=46680 2026-08-05T06:50:56Z 2026-08-10T06:50:07Z In some cases, when parents get divorced, physical and legal custody are split up in the same way. For instance, both parents may be given shared physical custody rights, meaning that they set up a schedule where they exchange parenting time and the responsibility of living with and raising the child. They may also be given shared legal custody rights, meaning they have to work together when making important decisions about religion, education, medical care and more. However, physical and legal custody do not have to be divided the same way, so there are situations in which the court may think an unequal distribution is necessary.

2 potential examples

For instance, one parent may travel extensively, such as if they are an artist, an entertainer, an athlete or an executive with a multinational corporation. Because they are constantly on the go, the other parent may be given primary physical custody. But the parent who travels may still be involved in making key decisions for their child, so legal custody could be shared. In other situations, the court may find that both parents can provide a stable and healthy living situation for the child, so they split up physical custody rights between both of them. However, they may decide that one parent is more fit to make important decisions, and that parent could be assigned sole legal custody. Both parents stay involved in the child's life, but only one has the authority to enroll the child in school, authorize medical care and more. Exactly how these different types of custody get split up during a divorce is a critical component that parents must understand. If it leads to conflict or disagreements, they need to know what legal options they have.]]>