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Tennessee Divorce Questions & Answers

1 Answer | Asked in Divorce for Tennessee on

Q: I'm filing for divorce in TN but we were married in al. Where would court be held?

Leonard Robert Grefseng answered on Aug 19, 2019

You can file in Tennessee IF you have been a resident of TN for at least 6 months. Court would take place in the county of residence.

1 Answer | Asked in Divorce, Collections and Internet Law for Tennessee on

Q: need some on to do a motion to entry Qdro order for alimony arrears.

Bennett James Wills answered on Aug 12, 2019

If you are looking for an attorney, you can use this site to search for a family law attorney with experience in QDROs in your area. QDROs can be difficult so you should find someone who has experience in this area.

1 Answer | Asked in Divorce, Family Law and Child Support for Tennessee on

Q: One child turns 18 and graduates in 2020, the other in 2022. Should the child support be cut in 1/2 in 2020?

I pay cs directly to my husband, not through the County or through wages.

Leonard Robert Grefseng answered on Jul 30, 2019

No, when the first child turns 18 or graduates ( whichever is last to occur), the child support will need to be re-figured again using the current gross income of both parents and any changes in the parenting plan. If the parties income and parenting time have not changes, the emancipation of the... Read more »

1 Answer | Asked in Divorce for Tennessee on

Q: After more than four years working for my husband’s business for no money, he finally listened and is willing to pay me

something for my work. I am looking to file for divorce in the near future. He’s the breadwinner, and I do odd freelance jobs and am a homemaker. Will him finally paying me hurt me somehow during the divorce process?

Leonard Robert Grefseng answered on Jul 23, 2019

No- whether or not you were receiving pay for the job doesn't really matter- the proof in the divorce case would show that you have a history of employment, and therefore, you are capable of working outside the home and perhaps could support yourself - key factors when determining alimony.... Read more »

1 Answer | Asked in Divorce and Family Law for Tennessee on

Q: can I get the car back legally?

so my husband josh gave me the car for transportation but its in his own name. he has his own transportation is why he gave me the car for transportation for me and 3 kids. we had a small disagreement on july 21, 2019. so he supposedly had a friend come and pick up his car that I had locked from my... Read more »

Leonard Robert Grefseng answered on Jul 23, 2019

Yes, if he has two vehicles, and you have been driving one of them during the marriage, and you don't currently have a vehicle, I think it's likely that a divorce judge would award you that car. However, you will have to file for divorce, there would be no chance of just suing for the car- you... Read more »

1 Answer | Asked in Divorce and Military Law for Tennessee on

Q: Do I have grounds to file for a uncontested divorce?

My wife has moved to another state and has been gone from our home for more than 30 days and I can’t contact her. But she contacted my chain of command through a redcross message to get money from me.

Anthony M. Avery answered on Jul 16, 2019

No that is not grounds for abandonment. If possible get an agreed Irreconcilable Differences Divorce. Sometimes you can send papers through the Spouse's Family. Being in the Military has its own special

requirements, so you need a competent attorney to represent you now. This...
Read more »

1 Answer | Asked in Divorce for Tennessee on

Q: I've owned my own home since 2009. I married in 2016 and filed for divorce in early 2019. Is home separate property?

I've sold the home but the equity was built over the majority of years I was residing alone. Soon to be ex husband wants half the equity.

No children from the marriage. He has his own retirement income and Social security. I have my own income and retirement.

He didn't have... Read more »

Anthony M. Avery answered on Jul 15, 2019

The increase in value since the marriage is marital property. It sounds like you may wish to reconsider your divorce action. Obviously you have nothing to gain by divorce at this time and must pay him to agree. You need a competent attorney to put you in the right position to get him to want a... Read more »

1 Answer | Asked in Divorce for Tennessee on

Q: I need to divorce my controlling husband &have no money for lawyer

Bennett James Wills answered on Jul 11, 2019

You could contact legal aid or perhaps a local law school to see if anyone could help you at low or no cost. Otherwise, you could attempt to do it yourself. The Tennessee court's have a website with forms and instructions.

1 Answer | Asked in Divorce for Tennessee on

Q: My boyfriend's ex is trying to take him back to court though their divorce has been final for 2 yrs Can she do this?

She wants him to sell the house he bought after the divorce and get alimony.

Anthony M. Avery answered on Jul 10, 2019

She probably can at least file it in the same Court, and may have some type of meritorious claim... Whatever the case, your boyfriend needs a competent attorney now to answer it and argue in Court. Hopefully it is res judicata.

1 Answer | Asked in Divorce for Tennessee on

Q: Can a lawyer refuse to sign divorce papers?

My friend recently got the court to sign off on her divorce. Her (ex) husbands lawyer refuses to sign the final documents, her lawyer says the opposing lawyer can take as long as he wants and there is nothing to be done about it. This doesn't sound right to me. Is there any thing my friend can do?

Anthony M. Avery answered on Jul 10, 2019

In Tennessee, you get divorced either by Agreement or by proving Grounds. I do not know what you are referring to, but it sounds like the "final documents"might be where the actual Divorce lies. Your Friend needs a competent attorney to push through the IR Divorce or put on

Grounds.

1 Answer | Asked in Divorce for Tennessee on

Q: I have a friend who is dating a guy that is married to an illegal immigrant.. the relationship failed he wants a divorce

She fights him and more so he wants to know how to get out of the petition without going to jail

Paul E. Tennison answered on Jul 3, 2019

This sounds like it may be a difficult situation. I recommend your friend consult with an attorney at a firm that does both family law and immigration law. The same lawyer or team of attorneys may be able to help him with both the divorce and his immigration status. If he is being abused by a US... Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for Tennessee on

Q: Is income used to determine child support obligation based on wages at the time the divorce was filed?

My wife filed for divorce several months ago and I will be starting a new job with a substantially higher salary next month. I was wondering which salary would be used to calculate things like alimony and child support. I know in some other states it is based on the income at the time of filing, is... Read more »

Paul E. Tennison answered on Jul 1, 2019

Based on my experience, Tennessee courts use the most recent income information at the time of calculation. Not the salary at the time of filing. Good luck!

1 Answer | Asked in Divorce and Child Support for Tennessee on

Q: Court order in effect, ex doesn't follow for CS. He pays cash. Now he wants me to sign receipt for all CS paid?

We have a court order in effect. I'm the physical and legal custodial parent. He is ordered to pay child support through clerks office. However, he's always given me cash money. Now, five years later he wants me to sign a receipt for all child support paid in cash. Is this a good idea or no?

Leonard Robert Grefseng answered on Jun 27, 2019

If called to testify in court, and the Judge gave you an oath where you swore to tell the truth, and he asked you if you did indeed receive the child support payments in cash, what would you say? If the answer is yes, then you should sign the receipt. It's not really an "idea" - it's just the... Read more »

1 Answer | Asked in Divorce for Tennessee on

Q: Is sexting during a separation illegal?

Leonard Robert Grefseng answered on Jun 17, 2019

It not "illegal" but it is NEVER a good idea.

1 Answer | Asked in Divorce for Tennessee on

Q: If I've been apart from my wife for 6 years can she claim any property acquired since separation in Tennessee

Anthony M. Avery answered on Jun 7, 2019

Yes she can, in addition to any appreciation in value in separate property.

You need to hire a competent divorce attorney now ( there are very few

good divorce lawyers) to start planning your asset protection program. If you have alot of land, then hire a competent property...
Read more »

1 Answer | Asked in Child Custody, Child Support and Divorce for Tennessee on

Q: How could I find a lawyer that would do a divorce pro bono my divorce would include child support and maybe ailmoney

Paul E. Tennison answered on Jun 5, 2019

I recommend you contact the Legal Aid Society of Middle Tennessee. https://las.org or 615-244-6610. LAS works with local attorneys to provide Pro Bono assistance in many circumstances. They also are likely to know other organizations that may help. Good luck!

1 Answer | Asked in Divorce, Child Custody and Child Support for Tennessee on

Q: How could I find a lawyer that would do a divorce pro bono my divorce would include child support and maybe ailmoney

Paul E. Tennison answered on Jun 5, 2019

I recommend you contact the Legal Aid Society of Middle Tennessee. https://las.org or 615-244-6610. LAS works with local attorneys to provide Pro Bono assistance in many circumstances. They also are likely to know other organizations that may help. Good luck!

1 Answer | Asked in Child Support, Divorce and Family Law for Tennessee on

Q: If I marry gf while pregnant is it possible to still get place on child support years later if we divorce

Married before baby is born .

Divorce years later is it still possible to get place on child support or am I safe since we married before baby was born

Anthony M. Avery answered on May 21, 2019

If the child is born during the marriage, then you are legally the father. And you will be liable for child support to her if there is a divorce. The same result if you marry after birth and adopt. If no marriage, then she may pursue child support through a Paternity Action, which will probably... Read more »

1 Answer | Asked in Divorce and Family Law for Tennessee on

Q: We are trying to pull a marriage license in Tennessee, after bride's divorce in California was finalized several days

ago. We have the signed Judgment and Notice of Entry of Judgement. TN civil court clerks are insisting that we have to wait 30 days from Divorce Judgement, even from CA, to be able to obtain the marriage license. Is this true?

Anthony M. Avery answered on May 13, 2019

I believe you are trying to get a Marriage License issued by the County Clerk, otherwise your question makes no sense. The California Judgment could get set aside or appealed, and if the bride married again, she would be a bigamist. That status is usually not prosecuted criminally, but comes up... Read more »

1 Answer | Asked in Divorce for Tennessee on

Q: Getting a divorce been married 5 years and my husband never let me work was very controlling. Was not allowed any money

Getting a divorce been married 5 years and my husband never let me work was very controlling. Was not allowed any money, no friends had to stay at home all day everyday. I was also mental abuse by him by calling me names all the time, cussing me, yelling at me, always saying nasty things to me.... Read more »

Leonard Robert Grefseng answered on Apr 26, 2019

I would expect some form of spousal support ( legal term is "alimony") would be appropriate in your situation. There are several different types of alimony, but you have only been married a short time and there are a number of other different factors the Judge must take into consideration in making... Read more »

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