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Tennessee Divorce Questions & Answers
2 Answers | Asked in Divorce for Tennessee on
Q: My ex is asking for transcripts from my cell phone, Facebook, Discord, and others in a divorce. I don't want to comply

He was abusive and controlling, I have no proof, no kids, only a house. I walked away with nothing and want nothing. What happens if I do not give him these transcripts?

Bennett James Wills
Bennett James Wills
answered on Jan 10, 2022

Was it a formal discovery request? Discovery is a complicated process. You may have grounds to object in your discovery responses. But ultimately, if the court orders you to turn over the documents then you would have to or face sanctions. Same goes if you completely ignore the requests. You would... Read more »

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1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: Can a Rule Docket Report's clerk's notes be used as supporting evidence of a ruling where there are no transcripts?

There are no transcripts of any hearing of my case available, however, the clerk's notes clearly state the judge's ruling. Can this be used to support the reason a motion was denied?

Anthony M. Avery
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Anthony M. Avery
answered on Dec 9, 2021

If you are filing an Appeal, you can file a Statement of the Evidence under the Appellate Rules. If a Rule 59 Motion, then just ask the Court to order what you think should be the exact ruling.

1 Answer | Asked in Divorce for Tennessee on
Q: Can I run a add in the paper for a divorce and if the other spouse doesn't respond to it can I be granted a divorce
Sam  English
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Sam English
answered on Dec 6, 2021

You must take all reasonable efforts to personally serve the divorce complaint on the defendant. If all efforts fail, you must file a Motion for service to be by publication and have it heard by the Court. Thereafter, the Court will rule and if granted you will run it for 4 weeks by publication... Read more »

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: How long do you have to try a civil matter after a decision is reversed and remanded on appeal?

Termination of alimony was denied and appealed, then reversed and remanded back to court. How long can this be heard in the trial court? Is there a statute?

Sam  English
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Sam English
answered on Dec 6, 2021

Unless the Court of Appeals placed a time on the matter being heard, it will be docketed like all other cases for the county.

1 Answer | Asked in Divorce for Tennessee on
Q: Can the money from my pre marriage savings account be divided in case of a divorce if I move it to the stock market?

I live in Davidson County, TN. I’m not an American citizen yet. I am married with kids to an American for three years now. I generated those savings years before I met my husband and would like to put them in the market but I’m not sure if that could make the money be shared in case of a divorce.

Hannah Burdine
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Hannah Burdine
answered on Dec 9, 2021

No, unless it was mixed with marital funds. It is important to keep your premarital assets separate from the marital ones. You should consider talking with an experienced family lawyer who is knowledgeable about asset protection of your separate accounts, such as creating post-nuptial agreements,... Read more »

2 Answers | Asked in Bankruptcy and Divorce for Tennessee on
Q: Divorced ex wife filed bankruptcy on house and all debt does she still have rights to the house money if sold
Lloyd M. Nolan
Lloyd M. Nolan
answered on Nov 5, 2021

That depends on what is contained in your Divorce Judgment. She is merely seeking to have her debt associated with the home discharged. There is no other effect whatsoever as to her her rights in the home. Whatever rights she had after the Divorce was granted should be the same after her... Read more »

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2 Answers | Asked in Bankruptcy and Divorce for Tennessee on
Q: Ex wife filed bankruptcy on all her debt including house does she have any rights or claims to it
Timothy Denison
Timothy Denison
answered on Nov 4, 2021

Depends on the terms of your divorce agreement.

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2 Answers | Asked in Divorce for Tennessee on
Q: If a husband of 18 years files for divorce is he legally obligated to split all their assets with the wife?

there are no minor children. he owns a business in his name only. she is a manicurist.

Anthony M. Avery
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Anthony M. Avery
answered on Oct 25, 2021

No

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1 Answer | Asked in Divorce for Tennessee on
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.

Anthony M. Avery
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Anthony M. Avery
answered on Oct 22, 2021

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... Read more »

1 Answer | Asked in Divorce, Child Custody and Domestic Violence for Tennessee on
Q: Husband put vehicles in only his name vehicle is in shop can the shop not give it to Me

He is in jail and has told them not to let me get it. Even though its mine! Bought while we were married too.

Anthony M. Avery
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Anthony M. Avery
answered on Aug 16, 2021

If the vehicle is titled in the Husband's name, then it is his property not yours. No Homestead nor Next of Kin situation applies here.

1 Answer | Asked in Divorce for Tennessee on
Q: Does it matter who signs the divorce papers first the plaintiff or the defendant?
Anthony M. Avery
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Anthony M. Avery
answered on Jun 21, 2021

Not sure of your question. Usually the plaintiff signs the Complaint which is filed, then served on the defendant. In an Irreconcilable Differences Divorce, noone is getting a divorce until all agree and the Judge grants it.

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: Edited from previous question- Does a lawyer need to be involved in divorce if one of the parties has a 401k?

The party without the 401k does not want any of it and we are in agreement that it is not to be divided.

I see that the online forms available state they cannot be used if a party has a retirement account; however, I also have been told that as long as all parties agree, then the forms can... Read more »

Denania Galloway
Denania Galloway
answered on Jun 23, 2021

If there is an agreement between both parties, it can be filed easily. You don't really need an attorney to file a divorce matter whether it is contested or not.

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: Does a lawyer need to be involved in divorce if one of the parties has a 401k? Both parties agree on who will keep it.

The party without the 401k does not want any of it. In leu of dividing it, I took on more debt and he received more physical items such as furniture, etc.

I see that the online forms available state they cannot be used if a party has a retirement account; however, I also have been told that... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 17, 2021

If the party without the 401K wants any part of it, a very good lawyer will be required even if there is an agreement. QDRO's are very stringent and few attorneys (and Judges) know anything about them. Knowingly giving up a marital interest in property is a serious thing.

2 Answers | Asked in Divorce and Immigration Law for Tennessee on
Q: Can a sponsor to the United States take advantage of an immigrant?

Yes, I am a 30 year old man who has been married to a 65 year old woman who is a very successful financial advisor for around 2 years now. On March 20th of this year, I immigrated to the United States. She is also my sponsor to the United States. As I arrived in Utah, United States where she is... Read more »

Rehim Babaoglu
Rehim Babaoglu
answered on Jun 16, 2021

It's a little difficult to answer your question, because there is a lot of information that is missing. I am assuming that you have a two year conditional green card. I don't know if you are divorced yet. If so, you may be able to petition to keep your green card.

I would...
Read more »

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1 Answer | Asked in Divorce for Tennessee on
Q: My wife took a restraining order out on me but her and her lawyer said I can come get my stuff.am I allowed to?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 9, 2021

No, that is a setup for jail. You will probably need a Divorce to get anything back, unless you can get a Court Order to do so in the Order of Protection Case.

1 Answer | Asked in Divorce for Tennessee on
Q: I’ve been trying to get a divorce from my husband. We been separated to 10 years. And right I can’t afford to pay lawyer
Michael Hollins Sr.
Michael Hollins Sr.
answered on Jun 8, 2021

While it is always advisable to hire a licensed attorney to complete your divorce, here are legal aid options in most counties that can provide guidance for pro bono divorces.

1 Answer | Asked in Divorce for Tennessee on
Q: Can my wife contact me if she took a restraining order out against me?
Anthony M. Avery
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Anthony M. Avery
answered on May 28, 2021

You are probably under an Order of Protection. And you are ordered not to have any contact, direct or indirect, with the petitioner. Nothing prevents her from contacting you and setting you up for jail. Hire a competent attorney to represent you, which would include explaining this to you.

1 Answer | Asked in Divorce, Family Law and Child Custody for Tennessee on
Q: How To Respond To A Motion For Scheduling Order?

My mother is in the process of appealing a dependent and neglect petition and divorce, and she received a "Motion For Scheduling Order" in the mail pertaining to her case that she has been involved in for almost a year or so now. She briefly had an attorney, but is no longer able to... Read more »

Michael Hollins Sr.
Michael Hollins Sr.
answered on May 27, 2021

Your question is complexed and will need to be reviewed from the start of the case to know what to do moving forward. I would advise your mom to speak with a pro-bono attorney at Tennessee Legal Aid, or another qualified attorney with responding to this motion.

1 Answer | Asked in Divorce for Tennessee on
Q: I havent gotten a lawyer yet because of money. But how long do I have to respond to divorce papers after I am served
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 28, 2021

Generally a defendant has 30 days after service upon him to file and serve his answer.

There may be other motions, proceedings, etc. however, which need to be addressed also. If there is property and/or children involved, hire an attorney to represent you.

1 Answer | Asked in Contracts, Divorce and Family Law for Tennessee on
Q: I married a man on 9-22-1993. Here's the kicker...my divorce from my first husband wasn't final until 12-6-1993.

Is my marriage on 9-22-1993 legal? If not, do I get a lawyer to type up a document stating I'm not legally married?

Mr. James Charles Wright
Mr. James Charles Wright
answered on May 20, 2021

I do not practice in this area - but I would think the marriage would have to be annulled as a void marriage. Hopefully you will get comments from someone that practices in the area.

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