Lawyers, Answer Questions  & Get Points Log In
Tennessee Divorce Questions & Answers
1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: How do I file for annulment? Am I supposed to file for a divorce with an agreed divorce or is there a separate legal doc
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2024

You do not just file for an annulment. It takes alot of proof to have no marriage declared, so they are almost nonexistent. Divorce will be your cause of action. Without proof of adultery or physical abuse, you will need an agreement about all property, children and debts. Hire an attorney.

1 Answer | Asked in Criminal Law, Divorce and Family Law for Tennessee on
Q: my husband is on my bond and we are getting a divorced and he says he going to take hisself off my bond what will happen

The bond is paid and it’s been 4 years been to court couple times then Covid hit and now it’s been 4 years need two know what I need two do will I be put back in jail if he takes his self off my bond live In Tennessee

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 24, 2023

That is probably up to the bondsman, who you should call as you are his prisoner. If the bondsman asks the Court to exonerate him, then the Judge may set a bond or possibly release you on your own recognizance. But 4 years is a long time not to go to trial. Talk to your lawyer. Be ready with a... View More

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: How do I start a divorce if I haven’t seen or heard from my spouse in over 40 years.

I’ve also tried to find him and could not.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 23, 2023

Probably need a private investigator to check thoroughly. Check SSA Death List also. Check with all known family members. You might talk a Chancellor into an abandonment ground divorce, which is almost impossible. Publication Service will be necessary in addition to whatever service attempts... View More

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: I been married 35 yrs if my husband has a power of attorney over without. Telling me does that hurt me in a divorce

He got his sister to be his power of attorney over him can that hurt me in getting half of his porperty

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 19, 2023

In Tennessee, a power of attorney granted by your husband to his sister typically doesn't directly impact property division in a divorce. Property division in divorce is based on equitable distribution principles, considering factors such as the duration of the marriage and contributions of... View More

1 Answer | Asked in Divorce, Estate Planning and Family Law for Tennessee on
Q: Does an executor of estate claim an "OR" car title in the state of TN when the person listed as OR is divorced?

My parent's have a car title with that states my father OR my mother. My father is passed away and divorced from my mother before he passed. My dad also payed off the rest of the loan on the Cadillac car in question after they were divorced and before he passed. Since I, the son, am executor... View More

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 20, 2023

As far as the County Clerk is concerned (that is who handles motor vehicle titles in Tennessee), upon learning of your dad's passing, they will consider your mother to be the owner. That is because it sounds like they never updated the title during the divorce like they (probably) should... View More

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: Wife left me on 7/7, I have a pension which began 7/1 of same year, does it need to be factored into divorce

She actually left me on 6/30, before my pension began. I have documentation proving the date of abandonment. I am trying to complete a quick and easy divorce by using the documents that are provided on the Tennessee government website. However, it states I cannot use these if I have a pension.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 13, 2023

Hire a TN attorney to file the Divorce. Defendant may agree to IR Divorce, but if not you will need grounds. In a contested DV, she will discover the Pension property and claim it is marital property. If you cannot get her to agree to an IR DV prior to filing, you may not want to file the DV.

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: How much can I ask for after only 2 years of marriage to relocate. I have no money.

After 2 years of marriage, my husband wants a divorce. I have no money. Husband has about 300,000 in assets.

I want to make a small reasonable request so I can have money to rent me somewhere to live. I live in TN.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 23, 2023

That short marriage does not give you an interest in his separate properties. Instead you should have your lawyer demand what you need to transition for the next five years, and not agree to an ID divorce until you get what you want. Without an agreement, he will have to prove grounds for the... View More

1 Answer | Asked in Divorce, Family Law and Legal Malpractice for Tennessee on
Q: I want to know if I can sue my divorce attorney for all or part of the money I paid him because he did nothing for me.

I paid a divorce attorney in February 2022 to get a divorce, it went on for 11 months because my wife could not be found and, therefore was never served with papers. We made 1 court appearance and that was to get permission to run an add in the local paper. Soon thereafter, my attorney quit,... View More

John Michael Frick
John Michael Frick
answered on Apr 2, 2023

I assume the $1,000 does not include your filing fees, service fee, publication fee, or the ad litem’s fee.

Even then, $1,000 is awfully skinny to start a divorce case particularly if the attorney knew in advance you didn’t know where your wife is.

While you can sue, you might...
View More

1 Answer | Asked in Child Support, Divorce and Family Law for Tennessee on
Q: My divorce papers have no child support start date so do the payments start now?

He marked "hand directly to parent" on the papers and when I mentioned this to him he said he's just going to wait for them to come out of his check on its own. Do I need to take him back to court or what do I do because he doesn't want to pay it and the papers was filed March 2, 2023.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 16, 2023

It sounds like you did not go to Court, so you do not know what if anything is going on. Call Court and find out when the divorce decree was entered. Order for CS starts then. If no case at Court, then you are not divorced. If CS is not paid, then you must file a Petition to hold him in... View More

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: Do I have rights to our home if only my husband's name is on the deed?

husband and I got married in 2007 we then sold our house in 2015 making Anough to purchase our home paying cash 2016. In 2019 he asked me to leave in which I did but with only a bag of clothes. Our two kids stayed with him as I didn't have a stable place for them to go. We have remained civil... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 25, 2024

Was there a reason you gave money to to the seller to purchase the home in only his name? There might be a resulting trust, or you might be entitled to the appreciation in value during the marriage in a divorce action. Consult with an attorney to see what you want to do, and also search the... View More

1 Answer | Asked in Divorce for Tennessee on
Q: My divorce was filed with the court 6/22/22 court case#75CC1-2022-CV-79876. why hasnt it been finished no kids

my case say open with judge name

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 25, 2024

Call the Court Clerk and ask.

1 Answer | Asked in Divorce, Family Law and Appeals / Appellate Law for Tennessee on
Q: Can you file a motion for pendente lite relief in the court of Appeals in TN while you are appealing your divorce?

The trial judge completely ignored my request for pendente lite relief during my divorce proceedings and denied me alimony.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 8, 2024

No and the denial of alimony is one of your issues on appeal. Your lawyer needs to get busy drafting the appellate brief.

1 Answer | Asked in Divorce for Tennessee on
Q: I have been married for over 20 years but was only together 1 years after marriage.

I don't know how to get ahold of the man I'm married to,nor do I know where he may be. How can I go about getting a quick and cheap divorce?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 25, 2023

There will not be nothing quick or cheap about your divorce. Hire an experienced attorney to get it going, which will include publication service. Abandonment ,may not be an option here, so grounds will be needed if the judge requires same.

1 Answer | Asked in Divorce for Tennessee on
Q: In TN divorce can the court order the sale of a home purchased by one party prior to the marriage and titiled only in

that party's name

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 10, 2023

Absolutely if the real property is in TN. The non-titled party claims the increase in value during the marriage is marital property.

1 Answer | Asked in Divorce and Child Custody for Tennessee on
Q: Wife went behind my back and had mail forwarded and lied to her lawyer and said I was served when I wasn’t then a defaul

Default was filed without me knowing anything and the final decree was today and I had no idea until she text me

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 13, 2023

Hire a TN attorney to move to set aside the default judgment for cause.

1 Answer | Asked in Divorce for Tennessee on
Q: Been married 15 months, I am waiting for disability. Can I ask for support to move in a place and vehicle

He never fulfilled a promise, he was very controlling. I walked out after a violent out burst from him..I am now on streets.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 13, 2023

As a spouse you can sue for spousal support. But since you left, you might lose. Talk to the domestic violence organizations.

1 Answer | Asked in Divorce and Domestic Violence for Tennessee on
Q: My husband and his family took all my jewels he even broke my berow and took silver,gold,cash worth 35 lakhs

He is jobless and took my jewels worth 35 lakh and has drinking habit and abuse me physically and mentally i am planning to divorce him he is jobless and doesn't cares home and daughter he not even pays fee and buys nothing to us he has one married sister he has a commercial house worth 1... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 30, 2023

You should have called law enforcement. You might be able to file an Action To Recover Personal Property in General Sessions. Use TN terms only, not foreign. Otherwise you will need to file for a Divorce and have to prove grounds.

1 Answer | Asked in Civil Litigation, Criminal Law, Divorce and Immigration Law for Tennessee on
Q: Hello, if the husband discovered after his marriage that his wife deceived him and the law to come to America under the

America under the pretext of marrying him and divorcing five months after her arrival, what is the difference in the law or legislation in this matter?

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on May 26, 2023

Please finish your question since it got cut off

1 Answer | Asked in Divorce for Tennessee on
Q: Will a baby in a marriage affect a divorce

Wife is pregnant by someone else

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 26, 2023

Yes and it will have to be addressed. Husband is presumptive, legal father liable for support. Probably need a divorce for adultery and get a paternity test ordered.

1 Answer | Asked in Divorce for Tennessee on
Q: My husband is an alcoholic and is verbally and mentally abusive. Are these grounds for a divorce and do I need evidence?
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 26, 2023

You either need an agreement, or at least two witnesses that will testify that he is abusing you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.