McDonald Kuhn PLLC
 
 
 
 
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Address: 5400 Poplar Ave Ste 330 Memphis TN 38119
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Family Law

The attorneys of McDonald Kuhn, PLLC provide representation in all types of family law matters including divorce, legal separation, child custody and support, paternity, grandparent visitation, dependency and neglect, post-divorce matters and contempt.
Divorce is something more than the dissolution of a marriage between two married persons. When one party seeks a divorce from the other, issues such as fault, property division, and alimony all play a role in the case. In both Tennessee and Mississippi, parties are able to enter into a divorce on the ground of irreconcilable differences – also commonly referred to as an “uncontested” divorce – if certain criteria are met, such as both parties voluntarily executing proper settlement documents. Although a divorce on the ground of irreconcilable differences is sometimes preferable to one or both parties in a divorce action, the parties are not always successful proceeding with an uncontested divorce. Often times the parties are unable to fully agree upon all terms of the dissolution of the marriage, which thereby makes the divorce contested. A contested divorce usually takes the form of a traditional lawsuit that requires resolution by the court.
Legal separation is a unique status that does not dissolve the marriage between two married persons but rather permits the married persons to live separate and apart. The order granting a legal separation may provide for a disposition of marital property and it may also order one spouse to support the other by and through alimony. Likewise, the order may provide for the custody and maintenance of any children of the marriage. Although the parties may obtain an order for legal separation, either or both may seek a divorce from the other at any time, thereby creating a somewhat complex situation that requires careful steps to ensure all issues are properly resolved.
Child custody is relevant in many types of family law cases, such as divorce, legal separation, independent custody actions related to children born out of wedlock, dependency and neglect proceedings, modification proceedings, and paternity. When the court is presented with a child custody matter, it will always address the best interests of the minor children that are the subjects of the lawsuit. These types of proceedings are handled by many different courts depending on the status of the parties, the status of the children, and the various jurisdiction laws.
Child support is also relevant in many types of family law cases. Depending on the specific circumstances of each case, child support may be pursued as an independent action or may be addressed by a pending divorce, legal separation action, custody action, paternity action, dependency and neglect action, and/or modification action. Different factors impact the amount of child support and which parent owes child support, if either. Further, child support in Tennessee differs drastically from child support in Mississippi.
Paternity actions relate to a legal determination of the biological father of a child. These types of actions most often occur when a child has been born out of wedlock. Additionally, paternity actions can be commenced by the state if related to child support issues. A party can ask the court to determine paternity and/or disestablish paternity.
Grandparent visitation relate to the neglect and/or harm endured by a child at the hands of the parent(s). Anyone having an interest in a child can file a dependency and neglect against the parent(s) of that child. These types of proceedings are heard exclusively by Juvenile Court. When a dependency and neglect action is filed against a parent, a very real possibility exists that the court may remove the child from that parent's custody and place the child with a suitable caregiver until such time as the parent is able to remedy the issue that led to the removal of the child.
Dependency and neglect proceedings relate to the neglect and/or harm endured by a child at the hands of the parent(s). Anyone having an interest in a child can file a dependency and neglect against the parent(s) of that child. These types of proceedings are heard exclusively by Juvenile Court. When a dependency and neglect action is filed against a parent, a very real possibility exists that the court may remove the child from that parent's custody and place the child with a suitable caregiver until such time as the parent is able to remedy the issue that led to the removal of the child.
Post-divorce modification matters relate to the modification of a prior final order of the Court. A party wanting to modify certain terms related to custody, parenting time, child support, alimony, and other issues may file a post-divorce modification action against the other party. However, just because one party wants to modify the terms of the court's order does not mean the court can or will modify those terms. The party in favor of the modification bears the burden of proving to the court that legal reasons exist that warrant a modification. The standards for modification of custody, child support, alimony, and/or parenting time are all different, thereby requiring the party in favor of modifying the order to understand which legal rationale is applicable to achieve a modification.
Contempt occurs when a party has failed to act in accordance with the order of a court. A contempt proceeding can take two different forms: civil contempt or criminal contempt. With both civil contempt and criminal contempt, the party facing the contempt charges may be placed in jail. Additionally, the party facing contempt charges may be fined. The length of time the person remains in jail is dependent upon the type of contempt. Contempt is generally used as a mechanism to force a party to comply with the orders of the court. However, contempt is also appropriate when a party has failed to comply with a provision of the order of the court, and as a result of that failure, the party cannot comply with that specific provision. The type of contempt a party is charged with drastically changes the rights of the accused and the defense strategy.

Subrogation and Trucking

Subrogation
McDonald Kuhn, PLLC handles subrogation claims arising from commercial property losses, homeowners' residential property losses, workers compensation, cargo losses, and automobile losses. McDonald Kuhn, PLLC's attorneys are experienced in all phases of pursuing a subrogation claim including, but not limited to, investigating the cause of a loss, identifying and working with expert witnesses, pre-suit resolution of claims, and litigation of claims through trial. When representing its subrogation clients, McDonald Kuhn PLLC's overriding goal is to obtain the best recovery possible in a timely and efficient manner.
Trucking
The trucking industry is the backbone of America that provides for the movement of goods across the nation. In the course of carrying on this important business service, motor vehicle collisions occur, often giving rise to claims of personal injury and property damage. McDonald Kuhn, PLLC has defended various trucking companies, from large national interstate carriers to regional “mom and pop” entities, and their commercial truck drivers against all manner of claims including, but not limited to, traumatic bodily injury, wrongful death, cargo loss, and large property damage claims. In doing so, McDonald Kuhn PLLC's attorneys advise and assist with Department of Transportation investigations and inspections, work with accident reconstructionists, and respond to the scene of major accidents throughout the Mid-South, including Tennessee, Arkansas, and Mississippi. By engaging in all phases of defending claims brought against trucking industry companies, McDonald Kuhn, PLLC zealously and vigorously defends it's clients interests when sued for damages arising from a trucking accident.

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Workers Compensation
McDonald Kuhn, PLLC, provides counsel and representation to employers and their insurers in all aspects workers compensation defense in Tennessee, Mississippi and Arkansas. We help mitigate claim costs through active case management from first report of injury through claim resolution. We are experienced in handling even the most complex exposure claims as well as cases involving contested compensability.  Our firm's attorneys also help employers and carriers assume a proactive stance against workers compensation claims and litigation through risk management advice and consulting.
Premises Liability
McDonald Kuhn, PLLC is dedicated to the defense of all aspects of premises liability claims including slip, trip and fall accidents; defective floors and spills; inadequate maintenance or repair; duties to inspect; negligent or inadequate security; failure to warn of potential hazards and trespasser claims.
Labor & Employment
We represent employers in both state and federal court, as well as the EEOC, involving claims of employment discrimination, harassment, retaliation, failure to accommodate, leave of absence, wage and hour (including misclassification, meal and rest period, recordkeeping and related claims), wrongful termination, breach of contract, trade secret, unfair competition, tort, and claims for unemployment benefits. We also advise employers regarding legal compliance, discipline and discharge, workplace safety and other human resource-related issues.
Products Liability
Our firm defends manufacturers, distributors, and sellers of a wide variety of products. We also counsel clients regarding product liability prevention measures and product recalls. Our practice encompasses litigation throughout Tennessee, Arkansas, and Mississippi.