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Tennessee Divorce Questions & Answers
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.

1 Answer | Asked in Divorce for Tennessee on
Q: I need to find out if I am married or not

my husband used a fake birth certificate and a fake social security card When we got married April 11 2003 in Burnsville NC and I found this out and I've not been able to find anyone that can help me I just need to know if I am married or do I need to get a divorce

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on Mar 8, 2020

Whether you want a divorce or annulment is yours. It is possible to bring either action with the assistance of an experienced family law attorney. Fraud can be the basis for either action, but there are many other things to take into consideration. Are there any minor children? What are the... Read more »

1 Answer | Asked in Divorce, Real Estate Law and Landlord - Tenant for Tennessee on
Q: Can I keep my soon to be ex husband out of our townhouse after he's been gone almost a month.

He left for a work trip at the start of the month and while he was gone, I finally decided to leave him. He comes back Saturday, but I don't want him in my house unless I'm here and I want my house key. He is on the lease, and he is planning to pack his stuff and leave, but wants to do it... Read more »

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on Feb 27, 2020

You would have to secure a court order preventing him from entering a premises for which he has a lease. I suggest you quickly consult with an experienced local family law attorney to get the best options for your particular case.

1 Answer | Asked in Divorce for Tennessee on
Q: I am seeking a divorce from husband after 18 yrs. We cannot agree on the amount of child support/alimony.

I would like to keep my divorce as low cost as possible, however, I want to make sure that I am getting everything due to me including alimony if possible. Can I get assistance from a legal aide lawyer for such a case?

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

Any service providing legal aid is free to pick and choose to whom they will offer services and to the extent such services would be available. In my experience, only rarely would such services be offered. Many times I ask my clients what was ever cheap about their partner, usually the answer is... Read more »

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: Do I have to list my minor child in my divorce if his father and I haven’t had any custody of him in 13 years
Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on Feb 20, 2020

Yes. But you need to provide information regarding the disposition of custody of the child. Be careful if you are attempting to file without the assistance of an attorney. If you get it wrong, your suit may be dismissed with the possibility of have to refile. You don't want to buy a divorce... Read more »

1 Answer | Asked in Divorce for Tennessee on
Q: If I had my house before we were married and my husband wants to claim it . Can he do so in a divorce
Anthony M. Avery
Anthony M. Avery answered on Feb 17, 2020

Certainly the appreciation in value subsequent to the marriage is an asset for marital distribution.

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: If I had my house before we were married and my husband wants to claim it . Can he do so in a divorce

My husband just up and abandon me on January 1st. of 2020 and has been living with another female and now wants to take control of my house even though he does not stay there. What can I do.

Paul E. Tennison
Paul E. Tennison answered on Feb 17, 2020

I recommend you consult with a local Attorney. I am not sure which law applies here as you posted in Tennessee, yet the location is listed as Texas. Assuming Tennessee law applies, the house may be your separate property. If it is deemed your separate property, it would not be awarded to your... Read more »

1 Answer | Asked in Divorce for Tennessee on
Q: Do you know a site where I can print off Divorce forms with children and property? Tn site for children w/o property
Anthony M. Avery
Anthony M. Avery answered on Feb 7, 2020

You obviously need a competent attorney. Trying to do a Divorce yourself with property and children involved will be a permanent disaster for everyone concerned. Make payments, barter with firearms, vehicles, whatever, to hire a decent attorney, or stay married.

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