Bennett James Wills' answer If you file for divorce it is possible to obtain a divorce even though the spouse does not want one. You may have grounds to gain custody of a biological child. If you are attempting to get custody over a non-biological child you'll run into some problems. Consult with a local attorney to discuss and determine the best and appropriate action for your circumstances.
Bennett James Wills' answer You could try to do the divorce yourself with pro se forms provided online at http://tncourts.gov/help-center/court-approved-divorce-forms. It's usually recommended you get an attorney. The issue you seem to have is that you do not know where your spouse is located - and that's going to be an issue. You need to know where he is so you can serve him with the paperwork you file in court.
Mr. Kent Thomas Jones Esq.'s answer At this point in time, your case is far more factual than legal. On this question and answer forum, we attempt to help individuals by providing simple explanations about the law. Your issue needs the attention of local counsel, who can ask you the appropriate questions to communicate with the judges and other officials involved to resolve the crisis in your favor. You have a constitutional right to counsel. If you cannot afford an attorney, one can be appointed for you.
Anthony Marvin Avery's answer Not sure of your question, and you have not stated enough facts. However it is very unlikely that a Tennessee Judgment has subject manner jurisdiction over anything to do with real property in Alabama.
The exception would occur on ancillary jurisdiction of a will probated in Tennessee. There are many such divorce decrees attempting to order the disposition of real property in other states, but such terms are void for lack of subject matter jurisdiction.
Anthony Marvin Avery's answer If there is an MDA then you must have agreed to the Divorce. You can tell the Court anytime prior to its being a Final Order that you rescind the Agreement. Wife will have to put on proof of your fault to get a Divorce.
Anthony Marvin Avery's answer It is not a statutory requirement to have a Divorce ordered. However there is a good chance that the non-custodial parent will have to pay for insurance for the benefit of the Child. The Court will Order this.
Leonard Robert Grefseng's answer This can't be answered accurately without a complete review of the final decree of divorce. However, in my experience it would be very rare to include the rights and remedies you describe. If the house was "awarded to her," it is hers. If she was required to refinance within a time period, your son had the right to take her back to court to enforce the decree. If the failure to refinance truly caused bad things for him, she might have been required to pay him, or the Judge could have done...
Leonard Robert Grefseng's answer You have no duty to support another persons' children- only the biological parents owe child support. I assume this is what you mean when you say the children are "outside"- that is, these are not your biological children.
Leonard Robert Grefseng's answer No one can be forced to settle. The case needs to be set for trial and allow the judge to decide the issues. This means you and possibly other witnesses testifying to prove the grounds for the divorce, that your parenting plan is in the best interests, and that your proposed property division is fair and equitable. if you are trying to represent yourself, DON"T. Consult an experienced family law attorney.
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.
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