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Tennessee Divorce Questions & Answers
2 Answers | Asked in Divorce for Tennessee on
Q: how long does one have to be married to get there retirement?
Paul E. Tennison
Paul E. Tennison answered on Aug 26, 2020

Tennessee law does not have a specific statutory length of marriage requirement for things such as retirement benefits. The general legal rule is that retirement assets acquired before the marriage are separate property. Retirement assets earned during the marriage, and the appreciation of... Read more »

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1 Answer | Asked in Divorce for Tennessee on
Q: I filed for divorce in TN and my spouse is incarcerated. He did not file an answer to my complaint. What do I do next?

He was served over 30 says ago by a deputy sheriff in jail. I have filed all papers for the initial complaint including custody papers, the divorce certificate, the parenting class certificate, child support (which is zero because he's incarcerated for 15 years) etc...I'm just needing to... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Aug 23, 2020

You can get an attorney and do it on your own. He/she will just have to draft all the appropriate documents, including but not limited to the Final Decree of Divorce and question you in front of the judge.

1 Answer | Asked in Divorce for Tennessee on
Q: What is the form you need to file for a name change after the final divorce decree has been signed in Clarksville tn.
Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Aug 21, 2020

If you didn't get your maiden name restored during the divorce, you will have to file a Petition for a Name Change and pay the fee.

2 Answers | Asked in Divorce and Family Law for Tennessee on
Q: I have a savings account with unmingled assets from an inheritance. Can my wife and I make a postnuptial on amount?

I inherited my mother's estate upon her death and I put the money from the sale of one of her houses into a savings account with only my name on it. The money has never been co-mingled. My wife and I have agreed on a postnuptial for this sum should we ever divorce. Is this possible in TN and... Read more »

Paul E. Tennison
Paul E. Tennison answered on Aug 19, 2020

Yes, postnuptial agreements are valid under TN law. As many with other legal documents of significance it is wise to notarize them and have witnesses sign that they witnessed the signing of the document.

I recommend you consult with an attorney. Most attorneys that practice family law are...
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1 Answer | Asked in Divorce for Tennessee on
Q: I am in the process of spitting up from my husband and we want 50/50 custody where we both make decisions.
Paul E. Tennison
Paul E. Tennison answered on Aug 12, 2020

A split custody arrangement is possible under Tennessee law. I do not see what your exact question is. I recommend if you have questions about a potential divorce case, that you reach out to an experienced family law attorney for a consultation. Many attorneys offer free consultations for potential... Read more »

1 Answer | Asked in Divorce for Tennessee on
Q: Hi there I was curious of how the process works when you have a divorce, and with no conflict on the decision how long

it would take and the cost , no children , we’ve been married 8 or 9 months ,we are located in Tennessee

Bennett James Wills
Bennett James Wills answered on Aug 10, 2020

Depending on your county it can be pretty quick. You can hire counsel or there are forms available on the Tennessee Supreme Court's website that you can do a divorce. The papers must be on file at least 60 days before you can get a hearing. Some counties will even let you waive a hearing.... Read more »

1 Answer | Asked in Divorce for Tennessee on
Q: Bought house with son 2010. He married 2016. Does property become marital asset if we refinance it now?
Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Aug 7, 2020

Generally speaking, in the State of Tennessee, marital property is divided, but separate property is not. All of the property is identified, classified and valued. Tennessee is an “equitable distribution” state, which means that once the property is classified as marital or separate, the... Read more »

1 Answer | Asked in Divorce for Tennessee on
Q: When got divorced I was granted house until son turns 18 and I had to continue making payment

then we either had to buy one or the other out or sell it but My brother is wanting to pay it off and keep it can I legally do that and if so what could happen after son turns 18

Anthony M. Avery
Anthony M. Avery answered on Aug 6, 2020

This issue has to with the Divorce Judgment which you have not stated. The property is probably still titled in you and your former spouse's name. You and your brother can make an offer to the ex now for both cash and assuming the debt, which he may or may not take. If he does, get a deed to... Read more »

1 Answer | Asked in Child Custody and Divorce for Tennessee on
Q: I am wanting to get a divorce from my alcoholic husband and want custody of our daughter, where do I start

I am concerned if he will drive drunk with her or pass out with her in his care.

He refuses rehab.

I have been a stay at home mom and need to know where to start.

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jul 31, 2020

I would suggest that you immediately get an order of protection from the police department so that he cannot be around her. The next step is to hire a competent local attorney to file a Complaint for divorce. Once that is done, he/she can get and order of protection with the court. With regard... Read more »

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: My husband had me served with divorce papers and he keeps messaging me to sign them. My appt w/att is July 29

I suffer from mental health issues and feel I need legal advice before signing anything.

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jul 19, 2020

You don't have an obligation to sign papers that you are not comfortable with. However, if your Husband has filed a Complaint for Divorce against you, then you do have an obligation to have the Complaint answered. I would consult immediately with a competent local divorce attorney. If you... Read more »

1 Answer | Asked in Divorce for Tennessee on
Q: I'm wanting my divorce from my ex that's currently incarcerated on drug charges and I'm disabled an can't pay for it

He is incarcerated on drug charges and he has cheated on me multiple times so I finally got smart and left almost 3 years ago and I'm disabled and notable to pay for my divorce and he thinks he is gonna be able to get away without giving me a divorce cause he said he ain't paying for it.

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jul 15, 2020

I would contact your local Legal Aid Society. I'm not sure where exactly you are in Tennessee, but the folks in my area (Bradley County) use Legal Aid of East Tennessee. If you cannot find a Legal Aid Society, I would contact your local Bar Association and ask for lawyers that are doing pro... Read more »

1 Answer | Asked in Divorce for Tennessee on
Q: Been married 23 yrs not been together in 19of those yrs. Both have moved on with our lives...

I want a divorce, but I'm not sure he will sign papers purely out of spite. Would it be wise on my part to file an online divorce and do it myself or should I contact an attorney. We have 2 children together but both are over 18 now. We have no property or shared money to divide. I just simply... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jul 9, 2020

You can file a Complaint for Divorce and pursue without him signing anything. That is done all the time.

I would not recommend handling a divorce without an attorney. Even though it looks like it is simple at this point, in my practice, over 50% of divorces turn into contested divorces....
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1 Answer | Asked in Divorce for Tennessee on
Q: Can I file for an uncontested divorce If I've been living in a state for 18 years? While my spouse has been living in

Mississippi. I live in Tennessee. I briefly lived in Mississippi from 1995 to 2002. We separated in 2002. I moved back to Tennessee in 2002 been living here ever since. We got married in Tennessee because we briefly moved back to Tennessee for a summer in 1999 that is when we got married but we... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 7, 2020

If the wife does not agree to the divorce then you have to put on grounds. That is also a lengthy marriage, so the possible division of marital property may be significant. Hire a competent TN attorney.

2 Answers | Asked in Divorce for Tennessee on
Q: There has been a complaint filed already. He filed in Circuit Court. I had 30 days to contest it & I didn’t know that.

I wanted to know if there is still time for me to file my proposed parenting plan.

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jul 7, 2020

Once a Complaint for divorce is filed, you have 30 days to Answer the Complaint. If you do not Answer, the opposing party can file a Motion for Default Judgment. If this is the case, you should retain a divorce lawyer to file an Answer and a Response to the Motion for Default Judgment, if... Read more »

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1 Answer | Asked in Divorce, Family Law and Child Custody for Tennessee on
Q: To file a Proposed Parenting Plan do you have to file with the Circuit Court Clerk?
Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jul 7, 2020

It depends on whether your divorce is filed in Circuit Court or Chancery Court. You can't just file a Permanent Parenting Plan unless there is a divorce action begun with a Complaint. I would consult a local divorce lawyer.

1 Answer | Asked in Divorce for Tennessee on
Q: When a man proposes a parenting plan does the other spouse have to go with it even though they haven’t been to court?
Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jul 6, 2020

No. Permanent Parenting Plans are subject to agreement of the parties unless the other party cannot be found.

1 Answer | Asked in Divorce for Tennessee on
Q: Is it lawful for an Attorney to request a gun be returned if they know there is a domestic assault on record in TN

When the client meets with his Attorney his prior arrest record is mentioned as is the gun. The Attorney reassured her client that it will be his at the end of the Divorce. When the gun is sold by the spouse because it was unlawful for him to have to begin with, and she is in need of money. The man... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 3, 2020

It appears the Wife dissipated separate property of the Husband, probably in violation of a

Statute. She might even be criminally charged for Theft. If the firearm goes to someone else other than the Husband, there is no violation of the firearm disability.

1 Answer | Asked in Criminal Law and Divorce for Tennessee on
Q: How do you find a pro bono lawyer for Warren Tennessee? I have had no luck in finding a lawyer.
Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jul 2, 2020

Try calling the local bar association, or the judge should be able to appoint one for you.

1 Answer | Asked in Divorce for Tennessee on
Q: My Ex wife is trying to Take my son out of state for his birthday in KY what’s required to do so what can I do

What can I do so I’m allowed to see my son on his birthday and so she doesn’t take them out of state and deny me the right to see him on his birthday.

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jun 24, 2020

In every divorce in the State of Tennessee, which involves children, there should be a Permanent Parenting Plan (PPP). On page 8 of the PPP, it provides as follows:

(1) The right to receive from the other parent, in the event the other parent leaves

the state with the minor child...
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1 Answer | Asked in Divorce, Child Custody and Domestic Violence for Tennessee on
Q: My husband is in jail we share 2 children. I'm in fear of what he will do when he gets out.

I have an order of protection for me and my children he is in jail looking at prison time for drugs. I have now been seeing my boyfriend for a few months and he wants us to move in with him to keep us safe. My husband has told me many times the only way I was leaving him is in a body bag. But... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jun 16, 2020

You talk about your divorce in your question. Have you filed for divorce? If you have, then I would talk to your attorney about how to proceed. If you have not filed, then I would get an attorney and file as soon as possible.

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