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Tennessee Divorce Questions & Answers
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
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
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
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.

1 Answer | Asked in Divorce for Tennessee on
Q: divorce with absent spouse whereabouts unknown with 17 yr old child.

wife has been out of the home over ten yrs and is wanted by the state for child support whereabouts are unknown how can I file for divorce without an attorney as I can not afford to hire one?

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

There are forms available online at https://www.tncourts.gov/help-center/court-approved-divorce-forms

But it sounds like you're going to run into trouble serving your spouse and getting a divorce with or without her consent. If you can't afford counsel, try contacting a legal aid agency near you.

1 Answer | Asked in Divorce and Real Estate Law for Tennessee on
Q: Can my dad sign over property that he signed over in a quit claim deed to my mom, but she never filed it with the county

My mother and father divorced in 2010. Father quit claimed the house to my mother to remove his name. It was never filed with the county clerk and the house is still in both of their names. My mother passed away last month and my father says he can’t deed it to me solely because he says their... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 2, 2022

Not sure what the City Clerk has to do with this. But if he is the owner, probably as the Surviving

Tenant By The Entirety, then he can convey title. There may be a possible challenge by the Estate, but that is doubtful and does not prevent the conveyance now. It does not sound like...
Read more »

1 Answer | Asked in Divorce for Tennessee on
Q: How much will it cost me to get an attorney to finalize a divorce with a mobile home involved.

I live in Wilson county Tennessee. It’s an agreed divorce but need lawyer to do paperwork to finalize the divorce with a house

Candace Alynn Hill Duvernay
Candace Alynn Hill Duvernay answered on Feb 17, 2022

Good morning, we are only licensed in Georgia. Attorneys fees vary, but ours are based on many different factors. We endeavor to offer fair pricing and our Divorce fees are flat fees. If your spouse is located in Georgia, the Firm may be able to draft documents on your behalf, otherwise, you may... Read more »

1 Answer | Asked in Divorce for Tennessee on
Q: My agreed divorced was finalized in court on Jan 24, 2022 in Tennessee. How long do I have to wait to remarry?
Anthony M. Avery
Anthony M. Avery answered on Feb 4, 2022

If the Judgment actually divorced you from matrimony, was proper, and was entered by the Court, then you are free to marry now. But you will want to wait at least to the end of February to remarry because the other side could appeal or (more likely) set aside a MDA and demand grounds. Also if... Read more »

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 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
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 »

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
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
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
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.

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
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
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 »

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