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Tennessee Divorce Questions & Answers
1 Answer | Asked in Child Custody, Divorce and Family Law for Tennessee on
Q: Can I file a subpoena to obtain criminal trial transcripts for the use in a custody battle ???

In 2015, I was charged with aggravated sexual battery which led to divorce. The criminal charges went to trial where I was found not guilty. The allegations were made by my ex-stepdaughter in which I was found not guilty. I believe that my ex-wife is still pushing at the belief that I am still... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 23, 2020

Go to the Criminal Court where you were prosecuted and ask the Clerk to help you go through the entire Court File. Be patient. The Court Reporter's name may be there, or ask the Clerk who it might have been. But most importantly, get a certified copy of the Acquittal. It is self-authenicating... Read more »

1 Answer | Asked in Child Custody and Divorce for Tennessee on
Q: I need a divorce. I have 3 children. Father/ husband hasn't been in the picture in 2 years or more. What are my options?
Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on Mar 16, 2020

I suggest you retain a local family law attorney. If he has been absent for more than two years and there are children of the marriage you have grounds for abandonment. You probably have other grounds as well.

1 Answer | Asked in Divorce for Tennessee on
Q: I need to find out if I am married or not

my husband used a fake birth certificate and a fake social security card When we got married April 11 2003 in Burnsville NC and I found this out and I've not been able to find anyone that can help me I just need to know if I am married or do I need to get a divorce

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on Mar 8, 2020

Whether you want a divorce or annulment is yours. It is possible to bring either action with the assistance of an experienced family law attorney. Fraud can be the basis for either action, but there are many other things to take into consideration. Are there any minor children? What are the... Read more »

1 Answer | Asked in Divorce, Real Estate Law and Landlord - Tenant for Tennessee on
Q: Can I keep my soon to be ex husband out of our townhouse after he's been gone almost a month.

He left for a work trip at the start of the month and while he was gone, I finally decided to leave him. He comes back Saturday, but I don't want him in my house unless I'm here and I want my house key. He is on the lease, and he is planning to pack his stuff and leave, but wants to do it on a day... Read more »

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on Feb 27, 2020

You would have to secure a court order preventing him from entering a premises for which he has a lease. I suggest you quickly consult with an experienced local family law attorney to get the best options for your particular case.

1 Answer | Asked in Divorce for Tennessee on
Q: I am seeking a divorce from husband after 18 yrs. We cannot agree on the amount of child support/alimony.

I would like to keep my divorce as low cost as possible, however, I want to make sure that I am getting everything due to me including alimony if possible. Can I get assistance from a legal aide lawyer for such a case?

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on Feb 21, 2020

Any service providing legal aid is free to pick and choose to whom they will offer services and to the extent such services would be available. In my experience, only rarely would such services be offered. Many times I ask my clients what was ever cheap about their partner, usually the answer is... Read more »

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: Do I have to list my minor child in my divorce if his father and I haven’t had any custody of him in 13 years
Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on Feb 20, 2020

Yes. But you need to provide information regarding the disposition of custody of the child. Be careful if you are attempting to file without the assistance of an attorney. If you get it wrong, your suit may be dismissed with the possibility of have to refile. You don't want to buy a divorce... Read more »

1 Answer | Asked in Divorce for Tennessee on
Q: If I had my house before we were married and my husband wants to claim it . Can he do so in a divorce
Anthony M. Avery
Anthony M. Avery answered on Feb 17, 2020

Certainly the appreciation in value subsequent to the marriage is an asset for marital distribution.

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: If I had my house before we were married and my husband wants to claim it . Can he do so in a divorce

My husband just up and abandon me on January 1st. of 2020 and has been living with another female and now wants to take control of my house even though he does not stay there. What can I do.

Paul E. Tennison
Paul E. Tennison answered on Feb 17, 2020

I recommend you consult with a local Attorney. I am not sure which law applies here as you posted in Tennessee, yet the location is listed as Texas. Assuming Tennessee law applies, the house may be your separate property. If it is deemed your separate property, it would not be awarded to your... Read more »

1 Answer | Asked in Divorce for Tennessee on
Q: Do you know a site where I can print off Divorce forms with children and property? Tn site for children w/o property
Anthony M. Avery
Anthony M. Avery answered on Feb 7, 2020

You obviously need a competent attorney. Trying to do a Divorce yourself with property and children involved will be a permanent disaster for everyone concerned. Make payments, barter with firearms, vehicles, whatever, to hire a decent attorney, or stay married.

1 Answer | Asked in Divorce for Tennessee on
Q: Is my husband entitled to any equity in my house that I owned before we were married? He has not made one payment.

My husband will not work a full time job. He barely works 15 hours a week. I have been paying everything since we have been married..which is two years. I am currently going through cancer treatment too and working full time. The only thing he has paid is the cable and internet. I pay everything... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 4, 2020

You should hire an attorney now for a divorce consultation. But yes, the other spouse can claim an equitable portion of the increase in value of separate real property since the marriage. I suspect that you have a larger problem: no grounds for divorce. Selling the house now, moving... Read more »

1 Answer | Asked in Domestic Violence, Divorce, Family Law and Child Custody for Tennessee on
Q: I had a order of protection on my husband due to domestic violence. That has since expired and he’s off probation and

completed his classes. He got the kids out of state unsupervised twice since all that was finished but during the order they were supervised. But now my legal aide attorney said to withhold the children until she reviews some case files to determine whether unsupervised should continue or if going... Read more »

Bob G Huddleston Jr.
Bob G Huddleston Jr. answered on Feb 1, 2020

Violating a court order opens you up to potential criminal and civil contempt.

I would advise you to speak to your legal aid attorney about those risks so you can make a fully informed decision about whether to possibly risk 1) you going to jail for contempt of court, and 2) a court order...
Read more »

2 Answers | Asked in Divorce and Child Support for Tennessee on
Q: If my ex and my son still live with me after the divorce is final. When do I have to start paying child support?

Even if the ex wife and son are still both in my home?

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Jan 30, 2020

The "parenting plan " form which is part of your divorce papers has a section on child support. The form has a section where the parties choose the date- In summary, you've got to review the divorce papers and see what they say. If the section was not filled out, generally court order become... Read more »

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1 Answer | Asked in Divorce for Tennessee on
Q: I'm getting for all right title and interest in the party's personal property to be divested out of defendant invested i

what does that mean. I own my house trailer

Bennett James Wills
Bennett James Wills answered on Jan 29, 2020

Your query is unclear. Consult local counsel to determine options.

1 Answer | Asked in Divorce for Tennessee on
Q: My ex wife keeps defaulting her car payments, of which I was the co signer.

When we divorced, part of the agreement was that we remove each other from the car loan. She has missed two payments in a row. As such, I have had to pay these. What can I do to get that money back, and prevent further issues?

Bennett James Wills
Bennett James Wills answered on Jan 29, 2020

The first question is why hasn't the car been refinanced pursuant to the divorce? If you and your ex are still on the note, then you are jointly/severally liable. To prevent further issues, get your name of the note to prevent further liability. Consult local counsel to best determine your options.

1 Answer | Asked in Divorce for Tennessee on
Q: in the state of TN can I file a divorce pro se even if we don't agree on all matters?

We agree to get divorced but I want to start the process and have him served because he's unwilling to sign for an "agreed" divorce which in the state of TN requires BOTH parties to sign the initial complaint/petition for divorce before filing.

-we have no children

-not seeking... Read more »

Bennett James Wills
Bennett James Wills answered on Jan 8, 2020

You can always proceed pro se. But you would be wise to hire counsel if your husband will not cooperate.

1 Answer | Asked in Divorce for Tennessee on
Q: Can I have an uncontested divorce in Tn, if I have a personal 401k that I had before my marriage that has 2600 in it?
Bennett James Wills
Bennett James Wills answered on Dec 16, 2019

Uncontested means your spouse won't care about the 401k or you have agreed on the property split. But if you had the 401k before marriage, it is not marital property by statute and your spouse wouldn't ordinarily have claim to it.

1 Answer | Asked in Divorce for Tennessee on
Q: How much does it usually cost for a uncontested divorce? If both parties aren't wanting to divide anything.
Paul E. Tennison
Paul E. Tennison answered on Dec 10, 2019

I recommend you try Googling this. Another good option is to call several local attorneys and ask how much they typically charge. Keep in mind if either party later decides to contest anything that will make the case cost significantly more for both sides.

1 Answer | Asked in Divorce for Tennessee on
Q: I'm I entitled to half of the home we share? Married 3 years

My husband wants me to leave our home. I am unemployed and he controls the money.

Anthony M. Avery
Anthony M. Avery answered on Dec 3, 2019

You must look at the Deed. You may own as tenants by the entirety or nothing. Is there a Deed of Trust? If so there may be no equity. If he owns home, then you will probably not be entitled to any appreciation in value either (very short marriage). You need to get copies of tax returns and... Read more »

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: How to dismiss a divorce?

A year ago, my wife filed for divorce for adultery. I did it, the reason doesn’t matter We reconciled, never separated, but she won’t dismiss case. The marriage was already falling apart. She has said that she won’t dismiss the case bc she thinks I will just turn around and file for... Read more »

Bennett James Wills
Bennett James Wills answered on Dec 3, 2019

To dismiss a lawsuit you would have to file a motion to dismiss and outline the reasons, factually and legally, why the case should be dismissed. You should consult with counsel to review the court file, pleadings, and other relevant documents to best determine how you could proceed.

2 Answers | Asked in Divorce and Family Law for Tennessee on
Q: I want to get an annulment

I got married 1 Nov 19 and now I want an annulment

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Nov 11, 2019

Contrary to popular belief, under Tennessee law, the short duration of a marriage is not grounds ( a legal reason) for an annulment. An annulment is the procedure for having a marriage declared void/invalid because of some DEFECT in the marriage itself ( for example, underage parties, fraud or... Read more »

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