Asked in Divorce for Tennessee

Q: Wife finds out, after divorce is final, husband fathered a child during marriage. Can she take him back to court?

Wife was ordered to pay husband percentage of equity in their shared home.

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
  • Knoxville, TN
  • Licensed in Tennessee

A: TN Law is that marital property shall be distributed without regard to marital fault. If you had a trial, it might have made a difference if alot of money was spent on the kid. Arguably it was a disipation of property, but could be interpreted as properly spent. If the Decree is less than a year old, you can file a Rule 60 Motion, but it does not sound of merit. Better off hiring a good lawyer to lower your exposure of paying out equity.

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