Mount Juliet, TN asked in Divorce for Tennessee

Q: when someone is court order to leave the house will both parties meet with their attorneys before or after

if someone was going to be severed papers to leave house will he get them before or after we have a conference meeting together with our lawyers

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2 Lawyer Answers
Marjorie A Bristol
Marjorie A Bristol
Answered
  • Goodlettsville, TN
  • Licensed in Tennessee

A: That question is best answered by your attorney.

James H. Snyder Jr.
James H. Snyder Jr.
Answered
  • Alcoa, TN
  • Licensed in Tennessee

A: This depends on the nature of the papers that are served upon you.

If a Petition for an Order of Protection or a Temporary Restraining Order is signed by a Judge "ex parte" the Order may require a party to leave the residence prior to actually being able to have a hearing. If this is the case the good news is that you will generally be able to get a prompt hearing to present your side of the case.

The bad news is that you need to act very quickly to get an attorney so that they can get ready for the hearing.

Generally in Tennessee the possession of the marital residence is something that is either decided by agreement or after a hearing early in the case ( even if there is no TRO or Order of Protection).

Most important thing is to immediately get an attorney. If you do not your case may be seriously affected.

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