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Tennessee Divorce Questions & Answers
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...
Read more »

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.

1 Answer | Asked in Divorce for Tennessee on
Q: My husband is in jail we been separated for over two years what will I have to pay for devorice he is in jail
Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jun 11, 2020

We can't tell you what an attorney will charge for a divorce, because attorneys will charge different prices based on their view of the circumstances. I doubt that the fact that he is in jail will significantly change the overall price, because we are used to scheduling appointments in jail... Read more »

1 Answer | Asked in Divorce for Tennessee on
Q: If I filed for irreconcilable difference but was given and found proof of adultery after the filing can I change it

I received a recorded phone call from his girlfriend of 1 yr. I had no idea he was having an affair when I filed. How can I change my filing or how does that work exactly to add the adultery? Tipton County, TN

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on Jun 3, 2020

If you filed for divorce, had him served and he has not answered, then yes you can amend your complaint by filing an amended complaint for divorce. If he has filed his answer, then you must file a motion with the court to amend the complaint. If you have an attorney, then the attorney can do this... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Tennessee on
Q: Child is mine, ex husband on birth certificate. Divorce papers state he’s not the father. I need paternity!

In divorce papers he admits he’s not the father. I have raised him for 4 yrs. He’s never had any part in raising my son. They are divorced but apparently a step was skipped. State will not allow us to change birth certificate.

Anthony M. Avery
Anthony M. Avery answered on May 25, 2020

You will have to file a Petition To Establish Paternity. All interested parties must be joined. I recommend you file in Chancery. One of the things you are trying to get the Court to do is to order the issuance of a new Certificate of Birth.

2 Answers | Asked in Divorce and Domestic Violence for Tennessee on
Q: I need a divorce and my husband is at fault and can be destructive and violent but we live in MY home. what can I do?

I have evidence of his behavior and leaving my home is not an option. How should I proceed?

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

Contact a divorce attorney in the county you live in immediately. An experienced attorney should be able to assist you with asking the Judge to order your Husband to leave the home if such an option seems viable. At least this is true under Tennessee law. I am unsure which law would apply to your... Read more »

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1 Answer | Asked in Divorce and Domestic Violence for Tennessee on
Q: I have plenty of evidence for grounds for divorce from my husband but how can I file for divorce we both live in my hous

He can be explosive destructive and violent and I fear him receiving the paperwork would set him off and make things worse

Shanone Emmack
Shanone Emmack answered on May 19, 2020

When you file the complaint for divorce your husband will be served the papers. If you fear he will get violent then I wouldn't be alone with him. Try to make arrangements to stay somewhere else. Don't put yourself in a potentially dangerous situation.

1 Answer | Asked in Divorce for Tennessee on
Q: In an Agreed Divorce with irreconcilable differences, do I have to include pensions I am not eligible to receive yet?

For example, I am 58 years old and I am not eligible to receive my Navy reserve retirement until after I turn 60. Will this prevent me from filing an Agreed Divorce and will I have to disclose this on my financial statement to the court?

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on May 11, 2020

I do not know of anything to prevent you from filing for divorce. However, your retirement is an asset just as a 401K. I suggest you retain a local experienced family law attorney. You do not want to fall afoul of the court regarding failure to fully inform the court of your assets as this may... Read more »

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Tennessee on
Q: Hello. I am seeking some information about my current situation. I live in Mt. Juliet TN

My situation is fairly complicated. We were married by a Hindu Custom Religious marriage in 2007 in Los Angeles California. However our priests are not officiated, therefor in the state of TN it is not considered to be "legal". I am now separating with him and have 2 children together. Am... Read more »

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on May 1, 2020

You need to consult with a local family law attorney to see if you are indeed married and to begin getting child support whether or not you are legally married.

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1 Answer | Asked in Divorce for Tennessee on
Q: My wife and I live with her mom. She wants a divorce and is trying to kick me out.

I have no money or transportation to get anywhere.

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on Apr 29, 2020

Your mother-in law has the right to evict you, not your wife.

1 Answer | Asked in Divorce for Tennessee on
Q: Good morning. Wanting to know if it is possible to file for a divorce online
Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on Apr 29, 2020

Yes, it should be possible. Please visit https://efile.nashville.gov/ for further information.

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: im in the middle of a divorce and i am pregnant with my boyfriends baby can that stop me from getting a divorce

i separated from my husband on June 28th 2019 and me and my current fiancee got pregnant in November the due date is July 15th of this year. my ex husbands lawyer says that in order to get a divorce we need to have paternity test done and i see no reason why when there is no possibility of him... Read more »

Bennett James Wills
Bennett James Wills answered on Apr 27, 2020

You would be wise to consult with a lawyer on this issue. The reason is because your husband (who is not your ex until the judge signs the divorce order) is the presumptive father under the law. He doesn't want to get hit with a request for child support in the future or deal with paternity at... Read more »

1 Answer | Asked in Divorce for Tennessee on
Q: Is there any laws to protect mentally ill patients from being charged with fraud in divorce?

For example, ptsd can cause memory lose if a person answers the interrogatory and leaves something out, the wife is wanting to get for fraud, but what if it wasnt intentional and was left out due to the amount of stress under from the divorce, bankruptcy, and 38 million dollars in debt

Paul E. Tennison
Paul E. Tennison answered on Apr 23, 2020

I am not aware of any specific legal doctrine that would seem to apply in a situation as you described. Fraud is a serious allegation that must be plead with specificity in civil litigation in Tennessee. Fraud requires intent. You may be able to defend yourself by arguing you did not intend to... Read more »

2 Answers | Asked in Child Support and Divorce for Tennessee on
Q: I was paying child support while married to her can I get that money back. I going through a divorce

I was paying child support since 2013 and was married to her and didn't know it was illegal. We are getting a divorce and I have a lawyer. Am I able to get that money back since we live together the whole time?

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on Apr 23, 2020

You need to consult your attorney for an answer to your question.

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1 Answer | Asked in Divorce, Family Law and Child Support for Tennessee on
Q: I pay for my children's medical insurance and I have reason to believe my ex-wife is lying to our daughter.

I think she is telling our daughter that she (our daughter) has a number of different diseases. Do I have the right to see my daughters medical records.

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

Absent an order from the court barring you access to those records, yes you have a right to see the medical records. Look at you Permanent Parenting Plan and consult a local family law attorney for your best course of action.

1 Answer | Asked in Child Support, Divorce and Family Law for Tennessee on
Q: I have a court order but ex has never paid child support through the courts. Why has he never been flagged?

Divorced my child’s dad in 2013 (child was 2). Court order was to pay through the courts. He has never paid anything through the courts and only randomly pays me directly when it’s convenient (no where near ordered amount). Why has the state not flagged him? What do I have to do to get his... Read more »

Paul E. Tennison
Paul E. Tennison answered on Apr 10, 2020

You should consider consulting with a family law attorney. I am unsure of the answer to your first question. The state does look into child support matters and there is a child support enforcement office in Davidson County. Have you tried speaking with them? You could file a Petition to hold the... Read more »

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... 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.

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