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Tennessee Divorce Questions & Answers
1 Answer | Asked in Divorce for Tennessee on
Q: My divorce was finalized in Jan 2020 without our home being included by error. He has denied me entrance and since moved

his girlfriend in. He is now trying to refinance the home and asking that I sign a quit deed. He has always paid the mortgage. Should I sign? Or am I entitled to half?

Anthony M. Avery
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Anthony M. Avery
answered on Sep 7, 2022

If there is sufficient equity, file an action for a Sale for Partition. If you are receiving nothing, why give him a Deed?

1 Answer | Asked in Divorce and Real Estate Law for Tennessee on
Q: Can I force the sale of a home I shared with my ex husband if he's disabled?

Home is in both names he is disabled and gets ssdi. Can I force him to sell the home and give me half? Or does the laws protect him on this?

Bennett James Wills
Bennett James Wills
answered on Jul 21, 2022

Need some more information. But it sounds like you've been divorced but still have the house? If that's the case, an attorney would need to look at the deed. A divorce would sever the tenants by entirety status and make it tenants in common. An attorney would also need to review the... Read more »

1 Answer | Asked in Divorce for Tennessee on
Q: Can my husband and I file uncontested in Tennessee if we own a home together?

We want to file uncontested because we both want to keep paying on the home and reside here until we are financially able to relocate separately. Is it possible to file uncontested in our situation?

Bennett James Wills
Bennett James Wills
answered on Jul 14, 2022

Yes. It's possible. But you can also sell the house during the divorce and split the proceeds and move on. First recommendation is that you get everything in writing in a proper marital dissolution agreement, which you'll need anyways. Second, you would be wise to get an attorney to... Read more »

1 Answer | Asked in Divorce for Tennessee on
Q: How do I find my deceased husbands divorce decree from his ex wife. I don’t know where they filed and she won’t tell me.

It is for federal benefits for his children and myself.

Anthony M. Avery
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Anthony M. Avery
answered on Jul 6, 2022

Start calling various Court Clerks with divorce jurisdiction in any County where he may have been a Party. It could be in another State. Another Relative probably has an idea where the Divorce occurred. It may help to suspect a certain time frame.

1 Answer | Asked in Child Support and Divorce for Tennessee on
Q: Do I have to be divorced to be put on child support.

How is child support determined if you are still married. I’ve been separated almost 2 years.

Bennett James Wills
Bennett James Wills
answered on Jun 13, 2022

You can get a child support order pending divorce. Or you could file for legal separation and seek custody/visitation. Support is calculated using the parties' income, deductions for things like insurance and child care, and then applied to the guidelines. Seek local counsel to assist you to... Read more »

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Tennessee on
Q: how do i fight a petition for partition sale My mother is forcing me to sell this home.
Anthony M. Avery
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Anthony M. Avery
answered on Jun 6, 2022

Hire a lawyer to search the title, and determine ownership and encumbrances. There may be no defense to a sale, except a possible partition in kind.

1 Answer | Asked in Child Support, Divorce and Family Law for Tennessee on
Q: Is there a way to speed up remediation process and have my current alimony and child support payments reduced?

While awaiting Discovery process, is there anyway to petition the court for reduction in the current payment of spousal and child support to reduce my financial strain?

Bennett James Wills
Bennett James Wills
answered on May 26, 2022

You can file a motion to modify if circumstances have changed enough to warrant a modification. Consult local counsel to determine your options.

2 Answers | Asked in Divorce for Tennessee on
Q: Good morning! I sent my wife in Illinois divorce papers in January, and she refuses to sign and return them.

We married in 1994. We both have been unfaithful (she had three or four kids outside of the marriage, I had one). We have been separated physically since March 1998. She has on a couple of occasions indicated that it is time to end this, but now that I am officially seeking to end it, she refuses.... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on May 25, 2022

She is contesting the Divorce. You will need to file a suit upon grounds for divorce, and serve her. I recommend you hire an attorney to see it through.

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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
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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
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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
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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
PREMIUM
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
PREMIUM
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
PREMIUM
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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