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Tennessee Divorce Questions & Answers
1 Answer | Asked in Divorce, DUI / DWI and Personal Injury for Tennessee on
Q: I am attempting to divorce my wife and take custody of the child. However, my wife is threating suicide if I divorce.

My wife has conducted drunk driving and just did drunk driving again for the second time with my son. She got in a wreck with my child in the back seat. She also has been physically abusive to me by throwing candle holders and putting hands on me. I am in the military and I am trying to figure out... Read more »

Cayley Turrin
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Cayley Turrin
answered on Nov 28, 2022

You should talk to a divorce lawyer immediately.

2 Answers | Asked in Divorce, Family Law and Real Estate Law for Tennessee on
Q: I live in TN and wanting to file for divorce. We have a marital home but I am not on the mortgage. Can I be evicted?
Anthony M. Avery
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Anthony M. Avery
answered on Nov 16, 2022

If you are named as a grantee on the Deed(not the Deed of Trust), then you have no ownership. Owner can file a Detainer Warrant unless you have a spousal support Order from the Divorce Court.

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1 Answer | Asked in Divorce for Tennessee on
Q: Does the agreement need to explicitly say my spouse will split the equity with me? It only states he will refinance.

We are filing a no-contest divorce and he is supposed to obtain the house and split the equity with me, but the documents only say he will refinance and I will sign a quitclaim deed. Does the paperwork need to specify that he will give me these monies and at what percent or is that implied given it... Read more »

Bennett James Wills
Bennett James Wills
answered on Nov 15, 2022

It's always recommended that documents be as specific as possible.

1 Answer | Asked in Divorce for Tennessee on
Q: Divorce decree says my ex was to refinance our home and pay me $5K within 6 mos. He hasn’t. How do I file contempt?

Can I do this without an attorney so I’m not out more fees? Where do I find the right form and how do I file it with the court?

Anthony M. Avery
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Anthony M. Avery
answered on Nov 14, 2022

You will need an attorney.

1 Answer | Asked in Divorce and Probate for Tennessee on
Q: Couple separated for years, divorce underway, wife passes away, living in different states

My wife and I were in the process of divorcing when she passed away last week. She lived in Illinois, I live in Tennessee. We had been separated for nearly 25 years. I initiated the divorce. We have no property to divide, nor did she have power of attorney or a will to my knowledge. She had no... Read more »

Bennett James Wills
Bennett James Wills
answered on Oct 4, 2022

You should discuss all this with your attorney. But if she passed during the divorce proceeding, then there's no more divorce. Depending on her estate, you may and likely are entitled to some, if not all, of her assets. The issue would need to go to probate in Illinois since that's where... Read more »

2 Answers | Asked in Divorce for Tennessee on
Q: I got married in may and want annulment.

We don’t have sex it me it makes me sick

To my stomach.. I listened to him and let him coerce me about the marriage. He retired and said we had to get married by may 31 on may 25 or I wouldn’t be able to be on ins. He’s looked at my private texts while I slept on the way home from... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Oct 4, 2022

Annulments are very rare and difficult to obtain. You might have grounds, but if you can get him to agree to an Irreconcilable Differences Divorce, it will be far cheaper and quicker. Hire a competent attorney to advise about this, including looking for divorce grounds in the near future.

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1 Answer | Asked in Divorce for Tennessee on
Q: My divorce was finalized in Jan 2020 without our home being included by error. He has denied me entrance and since moved

his girlfriend in. He is now trying to refinance the home and asking that I sign a quit deed. He has always paid the mortgage. Should I sign? Or am I entitled to half?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 7, 2022

If there is sufficient equity, file an action for a Sale for Partition. If you are receiving nothing, why give him a Deed?

1 Answer | Asked in Divorce and Real Estate Law for Tennessee on
Q: Can I force the sale of a home I shared with my ex husband if he's disabled?

Home is in both names he is disabled and gets ssdi. Can I force him to sell the home and give me half? Or does the laws protect him on this?

Bennett James Wills
Bennett James Wills
answered on Jul 21, 2022

Need some more information. But it sounds like you've been divorced but still have the house? If that's the case, an attorney would need to look at the deed. A divorce would sever the tenants by entirety status and make it tenants in common. An attorney would also need to review the... Read more »

1 Answer | Asked in Divorce for Tennessee on
Q: Can my husband and I file uncontested in Tennessee if we own a home together?

We want to file uncontested because we both want to keep paying on the home and reside here until we are financially able to relocate separately. Is it possible to file uncontested in our situation?

Bennett James Wills
Bennett James Wills
answered on Jul 14, 2022

Yes. It's possible. But you can also sell the house during the divorce and split the proceeds and move on. First recommendation is that you get everything in writing in a proper marital dissolution agreement, which you'll need anyways. Second, you would be wise to get an attorney to... Read more »

1 Answer | Asked in Divorce for Tennessee on
Q: How do I find my deceased husbands divorce decree from his ex wife. I don’t know where they filed and she won’t tell me.

It is for federal benefits for his children and myself.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 6, 2022

Start calling various Court Clerks with divorce jurisdiction in any County where he may have been a Party. It could be in another State. Another Relative probably has an idea where the Divorce occurred. It may help to suspect a certain time frame.

1 Answer | Asked in Child Support and Divorce for Tennessee on
Q: Do I have to be divorced to be put on child support.

How is child support determined if you are still married. I’ve been separated almost 2 years.

Bennett James Wills
Bennett James Wills
answered on Jun 13, 2022

You can get a child support order pending divorce. Or you could file for legal separation and seek custody/visitation. Support is calculated using the parties' income, deductions for things like insurance and child care, and then applied to the guidelines. Seek local counsel to assist you to... Read more »

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Tennessee on
Q: how do i fight a petition for partition sale My mother is forcing me to sell this home.
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 6, 2022

Hire a lawyer to search the title, and determine ownership and encumbrances. There may be no defense to a sale, except a possible partition in kind.

1 Answer | Asked in Child Support, Divorce and Family Law for Tennessee on
Q: Is there a way to speed up remediation process and have my current alimony and child support payments reduced?

While awaiting Discovery process, is there anyway to petition the court for reduction in the current payment of spousal and child support to reduce my financial strain?

Bennett James Wills
Bennett James Wills
answered on May 26, 2022

You can file a motion to modify if circumstances have changed enough to warrant a modification. Consult local counsel to determine your options.

2 Answers | Asked in Divorce for Tennessee on
Q: Good morning! I sent my wife in Illinois divorce papers in January, and she refuses to sign and return them.

We married in 1994. We both have been unfaithful (she had three or four kids outside of the marriage, I had one). We have been separated physically since March 1998. She has on a couple of occasions indicated that it is time to end this, but now that I am officially seeking to end it, she refuses.... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 25, 2022

She is contesting the Divorce. You will need to file a suit upon grounds for divorce, and serve her. I recommend you hire an attorney to see it through.

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1 Answer | Asked in Divorce for Tennessee on
Q: Is inherited property that now has both names on deed and payments made from joint funds now marital property?

Property inherited prior to marriage. Has been refinanced with both names on deed. Mortgage payments have been paid from joint bank account. Married almost 20 years. How would property be divided in divorce?

Bennett James Wills
Bennett James Wills
answered on May 9, 2022

Since it's been refinanced and your spouse added to the deed, the court will likely say that the asset is sufficiently commingled that it is marital property subject to equitable distribution.

1 Answer | Asked in Divorce and Real Estate Law for Tennessee on
Q: Can my wife sell our home without my knowing when we purchased together although I wasn't able to sign the deed?

We both have lived in the home since day one.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 15, 2022

It is very possible that you are not the owner. And if not, you may only have a possessory interest as a homestead, if that. Hire a competent attorney to conduct a title search and determine ownership. Title Insurance rules wanting both spouses to sign is not law nor legally required.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Tennessee on
Q: In Tennessee does a father not married, but signed the birth certificate legally have 50:50 on his child?
Bob G Huddleston Jr.
Bob G Huddleston Jr.
answered on Mar 25, 2022

Until an unmarried father petitions for and is eventually granted custody rights, the father has parentage obligations to keep the child safe and provide financial support but has absolutely zero parental or custodial rights.

1 Answer | Asked in Divorce for Tennessee on
Q: If last four digits of my SSN are incorrect on subpoena to provide access to financial records (divorce), is it valid?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 16, 2022

If the Subpoena was served on you, then it is a valid Subpoena Duces Tecum. If served upon a third party, then they can move to quash, but they will probably honor it. Besides this is a Divorce Case, so one way or another you will have to provide bank statements, etc., even at trial.

1 Answer | Asked in Divorce for Tennessee on
Q: Can my ex stop alimony if my boyfriend moves in with me? I have rehabilitative alimony in TN.

My decree states: Absent a material change in circumstance that would warrant a reduction or termination of alimony, the alimony continues for so long as his salary stays the same and either: the period expires or the wife remarries.

Sarah Mansfield
Sarah Mansfield
answered on Mar 16, 2022

Your husband should still be required to pay for alimony as long as you don't remarry. Rehabilitative alimony is usually used for an economically disadvantaged spouse to acquire additional education or training so that they may achieve a standard of living similar to what they had during the... Read more »

1 Answer | Asked in Divorce for Tennessee on
Q: If I am ordered in a divorce to remove my ex from an auto loan and refinance it in my name only ,what happens if I don't

And my spouse doesn't report it .what happens when the car loan is paid off?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 7, 2022

You can be held in Contempt. But if the loan is satisfied, then it is over and the Order is mute.

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