Tennessee Divorce Questions & Answers

Q: An uncontested divorce takes how long to go into affect after the party has been served. At what date is it legal ? At

1 Answer | Asked in Divorce for Tennessee on
Answered on Feb 12, 2019
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...

Q: What can/should I do if my wife took our two children and left the state, and won't let me have any contact. Options?

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Tennessee on
Answered on Jan 17, 2019
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...

Q: can my daughter file for a divorce in tennessee without being a resident for 6 months

1 Answer | Asked in Divorce for Tennessee on
Answered on Jan 15, 2019
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.

Q: a motion for mediation has just recently been filed in my divorce case, no date has been set. now I have also received

1 Answer | Asked in Divorce for Tennessee on
Answered on Dec 11, 2018
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.

MOST IMPORTANTLY, you should consult an...

Q: In Tennessee can a mother keep the children from the father if there is NO divorce or parenting plan

1 Answer | Asked in Child Custody and Divorce for Tennessee on
Answered on Dec 7, 2018
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...

Q: If separated for over six years in TN. Could alimony still be awarded.

1 Answer | Asked in Divorce for Tennessee on
Answered on Nov 6, 2018
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.

Q: Can my spouse stop the sale of my house when the alternative is foreclosure?

1 Answer | Asked in Foreclosure, Real Estate Law and Divorce for Tennessee on
Answered on Nov 5, 2018
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.

Q: Currently filing an uncontested divorce. Do I have to have an attorney if I have a retirement/pension plan?

1 Answer | Asked in Divorce for Tennessee on
Answered on Oct 31, 2018
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...

Q: How do I legally bind my estranged husband to share the cash payout of his pension, before I sign the consent form?

1 Answer | Asked in Divorce for Tennessee on
Answered on Oct 26, 2018
Leonard Robert Grefseng's answer
The answer is a divorce- sorry, but there is no substitute. He cannot be trusted, so do NOT trust him. He owes you half of the 52K and support.

Go to Legal services in your area- maybe they can refer you to a lawyer who can work with you on the fee. You only have one chance to get this right. Do NOT try to do it without a lawyer.

Q: My husband and I are filing a non-contested divorce. We do not have kids together, do we have to take a parenting class?

1 Answer | Asked in Family Law and Divorce for Tennessee on
Answered on Oct 24, 2018
Leonard Robert Grefseng's answer
No, the parenting plan and the parenting plan address only the children OF THIS MARRIAGE. If there are none, then it's not required.

Q: I got a divorce in 2012 childsupport was worked up but never established. Ex wants backtime now since I filed for

1 Answer | Asked in Divorce for Tennessee on
Answered on Oct 23, 2018
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.

Q: My father had dementia and was addicted to prescription pain medicine. He married another drug addict.

1 Answer | Asked in Family Law and Divorce for Tennessee on
Answered on Oct 17, 2018
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)

Q: Can i get out of mortgage after divorce?

1 Answer | Asked in Divorce for Tennessee on
Answered on Oct 1, 2018
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.

Q: I want to file for divorce, we've been separated for going on 4 years. We have no assets together.

1 Answer | Asked in Divorce for Tennessee on
Answered on Sep 26, 2018
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.

Q: What has to be done if my son entered a second marriage thinking he was divorced but wasn’t only been married for 1 week

1 Answer | Asked in Divorce for Tennessee on
Answered on Sep 20, 2018
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.

Q: Me and my husband been married for 17 years and he married another woman while we still legally married

1 Answer | Asked in Divorce, Family Law and Legal Malpractice for Tennessee on
Answered on Sep 6, 2018
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.

Q: I was served with divorce papers.

1 Answer | Asked in Divorce and Family Law for Tennessee on
Answered on Aug 27, 2018
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.

Q: What if you get married to someone in KY but they weren't divorced from their wife in Tennessee. We aren't together now.

1 Answer | Asked in Divorce and Family Law for Tennessee on
Answered on Aug 27, 2018
Leonard Robert Grefseng's answer
If he was already married at the time he married you, your marriage is void- you can't be married to two people at the same time. You should file for an annulment.

Q: What if your husband refuses to be served papers continually ? At what point will the judge give me a court date?

1 Answer | Asked in Divorce for Tennessee on
Answered on Aug 27, 2018
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...

Q: If someone divorce you while incarcerate do you have to sign the paper and if you dont sign them what can happen

1 Answer | Asked in Divorce for Tennessee on
Answered on Aug 26, 2018
Jedidiah "Jed" McKeehan's answer
No, you do not have to sign the papers, but if a judge deems that you have been properly served, then they are able to get divorced without your approval.

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