Leonard Robert Grefseng's answer Unfortunately, from the way your question is worded, it appears you may not understand the legal process. When a person is "served," that usually means the sheriff's deputy has delivered the complaint ( the written request) for divorce to them. They have 30 days to respond, and the response might be a countersuit. A divorce is only "uncontested" when they sign an agreement for a divorce or the 30 day period has expired and no response is filed during that 30 days. In any case , contested or...
Leonard Robert Grefseng's answer File for divorce, ask for an emergency hearing, get her served with the papers and go to court. you need to establish jurisdiction here in your home county. Unfortunately, in my opinion, there aren't any other "options"-- for sure, don't try to take matters into your own hands or "steal" the children ( that would make you like her- using the children to try an d hurt the parent). Anyone who odes this could be found unfit to be the primary residential parent ( Tennessee no longer uses the word...
Anthony Marvin Avery's answer A Divorce alone will not help your Daughter. And no jurisdiction for Tennessee exists until she can swear she is living in TN for 6 months (the Husband might dispute this with proof). At best she might collect from a Tax Refund on him, but this is after child support is ordered. She should hire an attorney immediately, but remember a Divorce may not benefit her, and other Actions may be prudent.
Leonard Robert Grefseng's answer Yes, the other side can ask for a deposition pretty much at any time. Sometimes lawyers will agree to delay depositions if mediation is scheduled- if the case settles during mediation, it is a waste of time and money ( court reporter fees) to have gone through the deposition. However, this is not a rule- some lawyers want the information that can be obtained during the deposition in order to effectively negotiate during the mediation.
Leonard Robert Grefseng's answer Probably YES, she can move. In Tennessee, children born "out of wedlock" ( the biological parents are not married) are deemed to be in the sole custody and control of the MOTHER since there can be questions about exactly who is the father. The only way to change this is for the father to file court papers and assert his rights by proving ( getting DNA tests) that he is the biological father. As your question says there is not yet any court order or parenting plan, the MOTHER is the legal...
Leonard Robert Grefseng's answer Not enough information provided to truly accurately answer this question- no lawyer can ever make "guarantees" over issues which are subject to the judges discretion: however, if one spouse has lived on their own for 6 years without any support, its seems highly unlikely that they could prove a financial need for support. consult an experienced divorce lawyer for specific advice on your particular situation.
Anthony Marvin Avery's answer As long as you are alive He has no legal interest in the property except his possession. His signature is not required to transfer the home, but many places will want him to sign anyway to satisfy Title Insurance Policies. The purchaser may have to file a Detainer Warrant on him, and he may know this.
Leonard Robert Grefseng's answer The forms give you that warning ( to get a lawyer) because the division of retirement/pension benefits can be very complicated. Even though it may be in your name through your employer, Tennessee divorce law say that benefits accumulated during the marriage are " marital property" ( or in other words, not solely yours, but "ours"- belonging to you AND your spouse). For many people , their retirement benefits represents a large amount of money, so the courts/judges are very careful in divorce...
Leonard Robert Grefseng's answer Yes, she can be awarded retroactive support. ( you could have filed a paternity action if you thought it was your child, the law assumes you want to support your child). However, you likely will not have to pay it all at once- you can make payments on the arrears- since the arrears accrued over time, you will have time to pay it.
Anthony Marvin Avery's answer It is probably impossible to Annul the alleged Marriage. But you should check to see if they were actually married, that is make her produce a Marriage Certificate. If there is substantial property, you may wish to file for a Probate Administration. As the Surviving Spouse, she will be entitled to at least a third of the Estate and a year's support. If there is real property, you may wish to file for a Partition to cash out your child's share (one-half or less)
Leonard Robert Grefseng's answer This sounds like a very complex situation with several issues- the will needs to be probated, the property needs to be sold to pay off the mortgage and if the owner is a minor, court approval will need to be obtained to complete the sale. I STRONGLY suggest you consult an experienced real estate/probate attorney asap to guide you through the process. Selling the property and paying off the mortgage will release you from the debt also.
Leonard Robert Grefseng's answer In Tennessee, check the AOC ( Administrative Office of the Courts) website. There are forms and instructions available for individuals who want to represent themselves. There are also hundreds of lawyer websites that provide helpful and useful information- do some research.
Leonard Robert Grefseng's answer If he was not divorced at the time of the second marriage, Tennessee law says the second marriage is void ( not legal). I suggest he just go through another marriage ceremony AFTER he has confirmed the divorce. In short, he just needs a another marriage certificate dated after the divorce.
Leonard Robert Grefseng's answer You do not ask a specific question- but it sounds like you need to file for divorce. The divorce Judge will make a division of the property ( if you are paying for it, you are likely to get it) and set up a parenting plan for your children and set child support. Consult an experienced divorce lawyer in your area.
Bennett James Wills' answer An answer to a complaint is usually just mailed to the other party. Hand delivery is ok as well. But you must complete a certificate of service on your papers so the court knows how they were served. Service must comply with Rule 5 of the rules of civil procedure. If he says he didn't receive the response, just mail him a new copy.
Leonard Robert Grefseng's answer Your question is not clear- an "uncontested" divorce is where the other spouse also wants the divorce and therefore AGREES to sign the marital dissolution agreement. It sounds like there is no agreement; either change the document to give him what he is asking for or consider filing for a contested divorce ( in other words, papers based on fault grounds- adultery, inappropriate conduct, drug use, etc). Hire a process server to serve him ( if properly served, he really can't refuse). It's...
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