Lawyers, Answer Questions  & Get Points Log In
Tennessee Divorce Questions & Answers
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.

1 Answer | Asked in Divorce for Tennessee on
Q: Is my husband entitled to any equity in my house that I owned before we were married? He has not made one payment.

My husband will not work a full time job. He barely works 15 hours a week. I have been paying everything since we have been married..which is two years. I am currently going through cancer treatment too and working full time. The only thing he has paid is the cable and internet. I pay everything... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 4, 2020

You should hire an attorney now for a divorce consultation. But yes, the other spouse can claim an equitable portion of the increase in value of separate real property since the marriage. I suspect that you have a larger problem: no grounds for divorce. Selling the house now, moving... Read more »

1 Answer | Asked in Domestic Violence, Divorce, Family Law and Child Custody for Tennessee on
Q: I had a order of protection on my husband due to domestic violence. That has since expired and he’s off probation and

completed his classes. He got the kids out of state unsupervised twice since all that was finished but during the order they were supervised. But now my legal aide attorney said to withhold the children until she reviews some case files to determine whether unsupervised should continue or if going... Read more »

Bob G Huddleston Jr.
Bob G Huddleston Jr. answered on Feb 1, 2020

Violating a court order opens you up to potential criminal and civil contempt.

I would advise you to speak to your legal aid attorney about those risks so you can make a fully informed decision about whether to possibly risk 1) you going to jail for contempt of court, and 2) a court order...
Read more »

2 Answers | Asked in Divorce and Child Support for Tennessee on
Q: If my ex and my son still live with me after the divorce is final. When do I have to start paying child support?

Even if the ex wife and son are still both in my home?

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Jan 30, 2020

The "parenting plan " form which is part of your divorce papers has a section on child support. The form has a section where the parties choose the date- In summary, you've got to review the divorce papers and see what they say. If the section was not filled out, generally court order become... Read more »

View More Answers

1 Answer | Asked in Divorce for Tennessee on
Q: I'm getting for all right title and interest in the party's personal property to be divested out of defendant invested i

what does that mean. I own my house trailer

Bennett James Wills
Bennett James Wills answered on Jan 29, 2020

Your query is unclear. Consult local counsel to determine options.

1 Answer | Asked in Divorce for Tennessee on
Q: My ex wife keeps defaulting her car payments, of which I was the co signer.

When we divorced, part of the agreement was that we remove each other from the car loan. She has missed two payments in a row. As such, I have had to pay these. What can I do to get that money back, and prevent further issues?

Bennett James Wills
Bennett James Wills answered on Jan 29, 2020

The first question is why hasn't the car been refinanced pursuant to the divorce? If you and your ex are still on the note, then you are jointly/severally liable. To prevent further issues, get your name of the note to prevent further liability. Consult local counsel to best determine your options.

1 Answer | Asked in Divorce for Tennessee on
Q: in the state of TN can I file a divorce pro se even if we don't agree on all matters?

We agree to get divorced but I want to start the process and have him served because he's unwilling to sign for an "agreed" divorce which in the state of TN requires BOTH parties to sign the initial complaint/petition for divorce before filing.

-we have no children

-not seeking... Read more »

Bennett James Wills
Bennett James Wills answered on Jan 8, 2020

You can always proceed pro se. But you would be wise to hire counsel if your husband will not cooperate.

1 Answer | Asked in Divorce for Tennessee on
Q: Can I have an uncontested divorce in Tn, if I have a personal 401k that I had before my marriage that has 2600 in it?
Bennett James Wills
Bennett James Wills answered on Dec 16, 2019

Uncontested means your spouse won't care about the 401k or you have agreed on the property split. But if you had the 401k before marriage, it is not marital property by statute and your spouse wouldn't ordinarily have claim to it.

1 Answer | Asked in Divorce for Tennessee on
Q: How much does it usually cost for a uncontested divorce? If both parties aren't wanting to divide anything.
Paul E. Tennison
Paul E. Tennison answered on Dec 10, 2019

I recommend you try Googling this. Another good option is to call several local attorneys and ask how much they typically charge. Keep in mind if either party later decides to contest anything that will make the case cost significantly more for both sides.

1 Answer | Asked in Divorce for Tennessee on
Q: I'm I entitled to half of the home we share? Married 3 years

My husband wants me to leave our home. I am unemployed and he controls the money.

Anthony M. Avery
Anthony M. Avery answered on Dec 3, 2019

You must look at the Deed. You may own as tenants by the entirety or nothing. Is there a Deed of Trust? If so there may be no equity. If he owns home, then you will probably not be entitled to any appreciation in value either (very short marriage). You need to get copies of tax returns and... Read more »

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: How to dismiss a divorce?

A year ago, my wife filed for divorce for adultery. I did it, the reason doesn’t matter We reconciled, never separated, but she won’t dismiss case. The marriage was already falling apart. She has said that she won’t dismiss the case bc she thinks I will just turn around and file for... Read more »

Bennett James Wills
Bennett James Wills answered on Dec 3, 2019

To dismiss a lawsuit you would have to file a motion to dismiss and outline the reasons, factually and legally, why the case should be dismissed. You should consult with counsel to review the court file, pleadings, and other relevant documents to best determine how you could proceed.

2 Answers | Asked in Divorce and Family Law for Tennessee on
Q: I want to get an annulment

I got married 1 Nov 19 and now I want an annulment

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Nov 11, 2019

Contrary to popular belief, under Tennessee law, the short duration of a marriage is not grounds ( a legal reason) for an annulment. An annulment is the procedure for having a marriage declared void/invalid because of some DEFECT in the marriage itself ( for example, underage parties, fraud or... Read more »

View More Answers

2 Answers | Asked in Divorce for Tennessee on
Q: I have been estranged from my wife for 17 years and need a divorce.

She took off 17 years ago and I haven't really seen her since. She has a minor child from another man long after she left. I have a child she is not the mother of. Can I file a simple/uncontested in TN

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Nov 7, 2019

Probably not- you surely need a divorce, the problem is that in order for it to be "simple and uncontested" your wife must AGREE and sign paperwork. Your question says your haven't seen her in some time, so to get her to sign, you will have to find her and communicate. It's likely she will also... Read more »

View More Answers

1 Answer | Asked in Divorce for Tennessee on
Q: Can I apply for an agreed divorce if I have 160$ on my personal 401 k
Leonard Robert Grefseng
Leonard Robert Grefseng answered on Oct 29, 2019

yes, I assume you a re talking about the forms put out by the Supreme court that say they ( the forms) can't be used if you have retirement benefits. The retirement benefits are not the problem, the problem is that dividing the benefits usually requires complicated court orders called QDROs (... Read more »

1 Answer | Asked in Family Law and Divorce for Tennessee on
Q: Will I need to go through an attorney to file for a divorce if my husband refuses to sign the papers?

I have been in a physical and mental abusive marriage. I have not pressed charges, nor have I filed a police report. I did file an order of protection, but dropped it since my husband did not contact me or anything during that time. I made a bad mistake after dropping the order, of letting him... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 7, 2019

You will have to file for Divorce under grounds of Cruel & Inhumane Treatment, and serve him. You need a competent attorney. Additionally you will need some type of witnesses to his conduct. Either he agrees or you put on proof of grounds, or no divorce.

1 Answer | Asked in Divorce for Tennessee on
Q: This is regarding my husband. His divorce was finalized in 2017. Wife has not refinanced the car in her name only.

She now says she has bad credit. We don’t want the car but don’t want to continue to have to monitor her on the payments. What are the options? She was reminded this was coming up and said I know but never mentioned her credit.

Paul E. Tennison
Paul E. Tennison answered on Oct 4, 2019

You could consult with an attorney for more specific guidance tailored to your situation.

Generally, if a party disobeys a court order, then the aggrieved party can file a petition for contempt. The petition would be served on her and she would have time to respond. Then there would be a...
Read more »

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.