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Tennessee Divorce Questions & Answers
1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: Edited from previous question- Does a lawyer need to be involved in divorce if one of the parties has a 401k?

The party without the 401k does not want any of it and we are in agreement that it is not to be divided.

I see that the online forms available state they cannot be used if a party has a retirement account; however, I also have been told that as long as all parties agree, then the forms can... Read more »

Denania Galloway
Denania Galloway answered on Jun 23, 2021

If there is an agreement between both parties, it can be filed easily. You don't really need an attorney to file a divorce matter whether it is contested or not.

1 Answer | Asked in Divorce for Tennessee on
Q: Does it matter who signs the divorce papers first the plaintiff or the defendant?
Anthony M. Avery
Anthony M. Avery answered on Jun 21, 2021

Not sure of your question. Usually the plaintiff signs the Complaint which is filed, then served on the defendant. In an Irreconcilable Differences Divorce, noone is getting a divorce until all agree and the Judge grants it.

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: Does a lawyer need to be involved in divorce if one of the parties has a 401k? Both parties agree on who will keep it.

The party without the 401k does not want any of it. In leu of dividing it, I took on more debt and he received more physical items such as furniture, etc.

I see that the online forms available state they cannot be used if a party has a retirement account; however, I also have been told that... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 17, 2021

If the party without the 401K wants any part of it, a very good lawyer will be required even if there is an agreement. QDRO's are very stringent and few attorneys (and Judges) know anything about them. Knowingly giving up a marital interest in property is a serious thing.

2 Answers | Asked in Divorce and Immigration Law for Tennessee on
Q: Can a sponsor to the United States take advantage of an immigrant?

Yes, I am a 30 year old man who has been married to a 65 year old woman who is a very successful financial advisor for around 2 years now. On March 20th of this year, I immigrated to the United States. She is also my sponsor to the United States. As I arrived in Utah, United States where she is... Read more »

Rehim Babaoglu
Rehim Babaoglu answered on Jun 16, 2021

It's a little difficult to answer your question, because there is a lot of information that is missing. I am assuming that you have a two year conditional green card. I don't know if you are divorced yet. If so, you may be able to petition to keep your green card.

I would...
Read more »

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1 Answer | Asked in Divorce for Tennessee on
Q: My wife took a restraining order out on me but her and her lawyer said I can come get my stuff.am I allowed to?
Anthony M. Avery
Anthony M. Avery answered on Jun 9, 2021

No, that is a setup for jail. You will probably need a Divorce to get anything back, unless you can get a Court Order to do so in the Order of Protection Case.

1 Answer | Asked in Divorce for Tennessee on
Q: I’ve been trying to get a divorce from my husband. We been separated to 10 years. And right I can’t afford to pay lawyer
Michael Hollins Sr.
Michael Hollins Sr. answered on Jun 8, 2021

While it is always advisable to hire a licensed attorney to complete your divorce, here are legal aid options in most counties that can provide guidance for pro bono divorces.

1 Answer | Asked in Divorce for Tennessee on
Q: Can my wife contact me if she took a restraining order out against me?
Anthony M. Avery
Anthony M. Avery answered on May 28, 2021

You are probably under an Order of Protection. And you are ordered not to have any contact, direct or indirect, with the petitioner. Nothing prevents her from contacting you and setting you up for jail. Hire a competent attorney to represent you, which would include explaining this to you.

1 Answer | Asked in Divorce for Tennessee on
Q: I havent gotten a lawyer yet because of money. But how long do I have to respond to divorce papers after I am served
Anthony M. Avery
Anthony M. Avery answered on May 28, 2021

Generally a defendant has 30 days after service upon him to file and serve his answer.

There may be other motions, proceedings, etc. however, which need to be addressed also. If there is property and/or children involved, hire an attorney to represent you.

1 Answer | Asked in Divorce, Family Law and Child Custody for Tennessee on
Q: How To Respond To A Motion For Scheduling Order?

My mother is in the process of appealing a dependent and neglect petition and divorce, and she received a "Motion For Scheduling Order" in the mail pertaining to her case that she has been involved in for almost a year or so now. She briefly had an attorney, but is no longer able to... Read more »

Michael Hollins Sr.
Michael Hollins Sr. answered on May 27, 2021

Your question is complexed and will need to be reviewed from the start of the case to know what to do moving forward. I would advise your mom to speak with a pro-bono attorney at Tennessee Legal Aid, or another qualified attorney with responding to this motion.

1 Answer | Asked in Contracts, Divorce and Family Law for Tennessee on
Q: I married a man on 9-22-1993. Here's the kicker...my divorce from my first husband wasn't final until 12-6-1993.

Is my marriage on 9-22-1993 legal? If not, do I get a lawyer to type up a document stating I'm not legally married?

Mr. James Charles Wright
Mr. James Charles Wright answered on May 20, 2021

I do not practice in this area - but I would think the marriage would have to be annulled as a void marriage. Hopefully you will get comments from someone that practices in the area.

1 Answer | Asked in Divorce for Tennessee on
Q: Judge granted me a divorce in 08 my lawyer never got paperwork for judge to sign or me or my x so am I still married
Anthony M. Avery
Anthony M. Avery answered on May 17, 2021

Have you checked with the Court Clerk? You need to physically look at the File, which may be difficult to find. Hopefully there is an Order and maybe some Minutes. If not, then you may need a lawyer to get an Order Nunc Pro Tunc entered, or a new Divorce Action.

1 Answer | Asked in Divorce for Tennessee on
Q: If court orders issued during divorce proceedings are violated, are the orders voided when a judge signs a final decree

Or are the orders still enforceable?

Anthony M. Avery
Anthony M. Avery answered on May 10, 2021

Generally the Final Decree is the only Order to be concerned with. But you will need your attorney to examine your Case and advise. It is possible other Orders are still enforceable, and post divorce jurisdiction is retained under that Docket Number.

1 Answer | Asked in Divorce and Domestic Violence for Tennessee on
Q: Can my wife put a restraining order on me using her Maiden name? We have not filed for divorce
Anthony M. Avery
Anthony M. Avery answered on May 5, 2021

I am afraid facts and law are not as important in an Order of Protection as other civil actions. If it is brought up, the Judge will simply amend the Petition on the spot. Have no contact with her and hire a competent attorney to represent you prior to the first (and often the only) hearing.

1 Answer | Asked in Divorce for Tennessee on
Q: Can my spouse in the state of Tennessee appear at the court date for divorce and dismiss it with out my concent
Bennett James Wills
Bennett James Wills answered on Apr 21, 2021

Typically, a Plaintiff may dismiss a case under Rule 41 without the other party's consent. If there is a pending counter-claim by the defendant, the counter-claim would not be dismissed. So under the limited facts provided, if your spouse filed for divorce and there was no counter-claim, the... Read more »

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...
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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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