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Tennessee Divorce Questions & Answers
1 Answer | Asked in Divorce, Child Custody and Child Support for Tennessee on
Q: Will I still pay child support for a child if I have joint custody with my wife and I pay all the child's daycare cost?

I also pay my wife's car note

Bennett James Wills
Bennett James Wills answered on Apr 5, 2021

Maybe. Child support is calculated based on the income of the parties, custody time, and other contributing factors such as insurance, daycare, maintenance, etc. These are applied to child the support guidelines to determine who pays how much to the other parent. Once you petition the court for... Read more »

1 Answer | Asked in Divorce for Tennessee on
Q: Where can I find a form template to file a motion for a post divorce modification of alimony with no children

The husband now has an infant son and cannot support both an ex and a son on one income

Michael Hollins Sr.
Michael Hollins Sr. answered on Mar 26, 2021

It depends on which county you are filing your divorce in. Most county court websites hold some divorce documents. I would start my search there. However, you may want to consult an experienced licensed divorce attorney to ensure that you are headed in the right direction.

1 Answer | Asked in Divorce for Tennessee on
Q: Ok my ex and I got divorced in 2020 and decided that we would alternate years on claiming the kids this year it was my

Turn and up until now we have split the last two stimulus checks because they were based on our joint tax return but with this third stimulus it will be based on the most resent one which I filed single with all three of our kids am I entitled to split this stimulus with my ex even though it is not... Read more »

Ross Matuszak
Ross Matuszak answered on Mar 12, 2021

Thank you for your question. If you already filed your 2020 tax return, it seems that the government may use that information to calculate the amount of stimulus you will receive. However, other sources say that the government may use 2019 data to calculate stimulus payments.

If there is a...
Read more »

1 Answer | Asked in Divorce and Domestic Violence for Tennessee on
Q: I need to know where to start with filing for divorce. We were married in Mississippi but he is now living in Virginia

I’m living in Tennessee now

Ross Matuszak
Ross Matuszak answered on Mar 5, 2021

Thank you for your question. Jurisdiction is tricky, especially when time passes and spouses move to different states.

I cannot speak to Mississippi or Virginia law, as I am not licensed in those states. However, if you have been a resident of Tennessee for more than 6 months, you may be...
Read more »

2 Answers | Asked in Child Custody, Divorce and Family Law for Tennessee on
Q: Can I file for emergency custody of my children when I file for divorce?

I have no filed yet but my husband is an addict and I am scared for my kids to he with him wothoit me around.

Ross Matuszak
Ross Matuszak answered on Mar 3, 2021

Thank you for your question. Yes, you can file for full custody while the divorce is pending if you suspect that the children may be in danger due to your spouse's addiction issues. I would recommend hiring an attorney to assist you with the process to ensure that your children are protected.

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2 Answers | Asked in Divorce, Estate Planning and Family Law for Tennessee on
Q: I've been divorced many years but have never recieved my half of assets that were in judgement.

I was supposed to receive half of 401k ( which was supposed to be frozen by guidelines for 18 months) but was released to him. There are annuities also. How do I go about accessing annuities & what if he died? Would I still be able to access annuities?

Anthony M. Avery
Anthony M. Avery answered on Mar 2, 2021

Hopefully you also had a Qualified Domestic Relations Order in addition to your Divorce Decree. Without it there is probably little hope of ever receiving anything from a Retirement Plan. Annuities are a whole separate problem as you have to sue each administrator/trustee in whatever State... Read more »

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1 Answer | Asked in Divorce for Tennessee on
Q: Hello, I'm looking to fill for a divorce and see if what all I need to do? And how does it go put in paper?
Anthony M. Avery
Anthony M. Avery answered on Feb 8, 2021

Obviously you need to hire a competent attorney. It does not appear you will be able to properly represent yourself.

1 Answer | Asked in Divorce for Tennessee on
Q: My divorce was final in August 2020. How long does ex spouse have to complete the divorce ageement orders?
Bennett James Wills
Bennett James Wills answered on Jan 18, 2021

An attorney would need to review the order(s) to give you an answer.

1 Answer | Asked in Divorce for Tennessee on
Q: I have a divorce decree with my ex-wife that we will split years claiming our daughter...yet she claims her every year

This will be the first year I have been able to claim her and I know it will make her angry and she will probably try to sue or something else my question is if it's in the divorce decree that we split years does she have any legal recourse and if she doesn't and the judge sees that she... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 14, 2021

Post Judgment Contempt Petitions are very possible. Hopefully you have read your Decree correctly. The IRS may give you trouble when you file. You should not have allowed this to happen, and when you do file with the dependent, she may claim it is the wrong year.

1 Answer | Asked in Divorce for Tennessee on
Q: Can someone tell me what this clause means

ATTORNEY’S FEES AND COURT COSTS: Each of the parties shall be

responsible for paying his or her own attorney’s fees and the parties shall split the court

costs in this cause for which execution may issue, if necessary.

I want to know if he is trying to make me pay for... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 12, 2021

That is a pretty clear clause. Each party gets to pay their own lawyer. But payments for Court Costs are split between the Parties. Many times the Clerks will send out two bills, each for half the costs.

2 Answers | Asked in Divorce for Tennessee on
Q: I brought $75k of equity to purchase our first house together to my husband’s $0

Since then we have purchased another house using all the equity from the first. Am I entitled to recoup the $75k when we settle the house during the divorce?

Anthony M. Avery
Anthony M. Avery answered on Jan 6, 2021

First you needs either grounds or an agreement to get divorced. In a contested case you need to be able to prove that you brought separate property into the marriage. The appreciation in value of marital property will be subject to a equitable distribution by the Court. The husband may claim... Read more »

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1 Answer | Asked in Divorce for Tennessee on
Q: Me and my wife are separating and getting a divorce and she loads up everything of hers. Hey

And took kayaks that I had paid for and some of my belongings wouldn’t that be considered stealing

Bennett James Wills
Bennett James Wills answered on Jan 5, 2021

Generally, property acquired during marriage is marital property. You each have equal rights to the property. Under this circumstance, seems that the kayaks are equally hers - so it wouldn't be theft. However, when you file for divorce, there's an automatic injunction that goes into place... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Tennessee on
Q: How do I get a divorce and sole custody?

My husband and I have been separated since 2015. He has not attempted to contact his kids since 2016. He is over 28000 behind on child support and has a bench warrant out for his arrest that was issued 3 years ago and is still active. He's currently going to court for dwls and they still do... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Dec 31, 2020

Your questions require legal counsel to work through some of the issues you have raised. The answers provided here are general in nature and not legal advice.

Foremost, yes there is a way to get divorced even if you cannot find your spouse. The biggest issue in your case at the outset is...
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1 Answer | Asked in Divorce, Child Custody, Child Support and Criminal Law for Tennessee on
Q: Mother in law won't stop unnecessary drama and borderline harassment.

I have a mother in law that either has a drug problem or some mental health issues or both. She always brings us up in drama that she has created and won't stop contacting us even though she's been told to stop until she can act right. This has been going on for years and can not act... Read more »

Ross Matuszak
Ross Matuszak answered on Dec 29, 2020

Thank you for your question. A way to keep your mother in law from contacting you is to file an order of protection. Orders of protection are civil orders granted in cases involving abuse, stalking (harassment is included in stalking for the purposes of an order of protection) or assault. From your... Read more »

1 Answer | Asked in Divorce for Tennessee on
Q: My wife and I need to get divorced but she put on papers she had a retirement but she DOESNT and the court said she need

To get papers from attorney so we can fill out so we can finalize the divorce

Bennett James Wills
Bennett James Wills answered on Dec 18, 2020

Your question is not clear. Sounds like you need an attorney. Contact counsel near you for assistance on the divorce process.

1 Answer | Asked in Child Custody, Child Support and Divorce for Tennessee on
Q: I just need help with a divorce and child matters I don't know kw where to start and I don't make a lot of money.

.

Bennett James Wills
Bennett James Wills answered on Dec 18, 2020

Sounds like you really need an attorney. Contact the local legal aid department for help if you would have trouble affording counsel. There are resources available.

1 Answer | Asked in Child Custody, Child Support and Divorce for Tennessee on
Q: If my husband is having an affair and we have two kids and a house, should I contest the divorce or agree?
Ross Matuszak
Ross Matuszak answered on Dec 7, 2020

Thank you for your question. Unfortunately, there is no simple answer. It really depends on what your goals and what you want to accomplish. Your divorce sounds like it may get complicated due to the issues you described (affair, marital home, children). I can offer some general information, but... Read more »

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Tennessee on
Q: Will she be able to get back child support. Even though she intentionally hid my child and their whereabouts. Not on B.C

Wife left almost 4 yrs ago. Weeks before giving birth to our son. I was away on military orders. She moved to a different state had him and didnt put me of the birth certificate. Nor would she tell me where they were or even his exact birthday. She has just recently popped back up with a new baby... Read more »

Paul E. Tennison
Paul E. Tennison answered on Dec 4, 2020

I recommend you consult with an experienced divorce attorney. My understanding of Tennessee law is child support cannot be ordered while parties are married unless there is a hearing where the Judge orders that in a divorce proceeding. The child support date would start the date the parties... Read more »

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2 Answers | Asked in Divorce for Tennessee on
Q: Does an order of reconciliation include a order of protection? Will they drop it as well?

My husband filed for a divorce and got a order of protection. We want to reconcile and I want to make sure the protection order will be dropped.

Anthony M. Avery
Anthony M. Avery answered on Nov 27, 2020

No ... That is two different actions. And often two different Courts.

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1 Answer | Asked in Child Custody and Divorce for Tennessee on
Q: Can I move to another state, at my will, if my ex is keeping our kids and I provide child support. Live in TN

I live in TN. Currently going through a divorce and would like to move to Kansas d/t harassment by my parents. Does my ex have to agree to move if he is keeping our kids, I will provide him child support. Or am I free to move when I would like, without him agreeing?

Samuel Aaron Byrd
Samuel Aaron Byrd answered on Nov 16, 2020

If there is currently a divorce action pending you should seek permission from the court if you cannot work out an agreed parenting schedule for the children that provides for specifics about when you and your kids spend time together. That said, you can move without an agreement but the court may... Read more »

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