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Tennessee Divorce Questions & Answers
1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: Divorce on disability

My husband verbally abused me and manipulated me

John Michael Frick
John Michael Frick
answered on Jun 26, 2024

Tennessee allows for a divorce on grounds of irreconcilable differences if the spouses agree on all the terms of a divorce and sign a marital dissolution agreement.

In the absence of your spouse's agreement, you may have to prove fault. Whether the verbal abuse and manipulation...
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1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: Do I have to file a foreign divorce decree here in the US to have the divorce recognized? It's been apostilled by TN SoS

I married my ex wife, who lives in Israel, in the US. Our divorce was finalized in Israel. I have had them apostilled by the Secretary of State in TN already but I'm not sure if I need to file them with the court here to have it recognized before I can get remarried.

Jennifer McKinnish
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answered on May 6, 2024

The Hague Convention is an international treaty that provides, if your country is a party to the Hague Convention, a process to protect children whose parents are divorced or separated and move between countries. Typically, a divorce decree issued in a foreign country is recognized in the United... View More

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: How do I file for annulment? Am I supposed to file for a divorce with an agreed divorce or is there a separate legal doc
Anthony M. Avery
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answered on Jan 3, 2024

You do not just file for an annulment. It takes alot of proof to have no marriage declared, so they are almost nonexistent. Divorce will be your cause of action. Without proof of adultery or physical abuse, you will need an agreement about all property, children and debts. Hire an attorney.

1 Answer | Asked in Criminal Law, Divorce and Family Law for Tennessee on
Q: my husband is on my bond and we are getting a divorced and he says he going to take hisself off my bond what will happen

The bond is paid and it’s been 4 years been to court couple times then Covid hit and now it’s been 4 years need two know what I need two do will I be put back in jail if he takes his self off my bond live In Tennessee

Anthony M. Avery
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answered on Nov 24, 2023

That is probably up to the bondsman, who you should call as you are his prisoner. If the bondsman asks the Court to exonerate him, then the Judge may set a bond or possibly release you on your own recognizance. But 4 years is a long time not to go to trial. Talk to your lawyer. Be ready with a... View More

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: How do I start a divorce if I haven’t seen or heard from my spouse in over 40 years.

I’ve also tried to find him and could not.

Anthony M. Avery
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answered on Oct 23, 2023

Probably need a private investigator to check thoroughly. Check SSA Death List also. Check with all known family members. You might talk a Chancellor into an abandonment ground divorce, which is almost impossible. Publication Service will be necessary in addition to whatever service attempts... View More

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: I been married 35 yrs if my husband has a power of attorney over without. Telling me does that hurt me in a divorce

He got his sister to be his power of attorney over him can that hurt me in getting half of his porperty

T. Augustus Claus
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answered on Oct 19, 2023

In Tennessee, a power of attorney granted by your husband to his sister typically doesn't directly impact property division in a divorce. Property division in divorce is based on equitable distribution principles, considering factors such as the duration of the marriage and contributions of... View More

1 Answer | Asked in Divorce, Estate Planning and Family Law for Tennessee on
Q: Does an executor of estate claim an "OR" car title in the state of TN when the person listed as OR is divorced?

My parent's have a car title with that states my father OR my mother. My father is passed away and divorced from my mother before he passed. My dad also payed off the rest of the loan on the Cadillac car in question after they were divorced and before he passed. Since I, the son, am executor... View More

Nina Whitehurst
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answered on Jul 20, 2023

As far as the County Clerk is concerned (that is who handles motor vehicle titles in Tennessee), upon learning of your dad's passing, they will consider your mother to be the owner. That is because it sounds like they never updated the title during the divorce like they (probably) should... View More

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: Wife left me on 7/7, I have a pension which began 7/1 of same year, does it need to be factored into divorce

She actually left me on 6/30, before my pension began. I have documentation proving the date of abandonment. I am trying to complete a quick and easy divorce by using the documents that are provided on the Tennessee government website. However, it states I cannot use these if I have a pension.

Anthony M. Avery
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answered on Jul 13, 2023

Hire a TN attorney to file the Divorce. Defendant may agree to IR Divorce, but if not you will need grounds. In a contested DV, she will discover the Pension property and claim it is marital property. If you cannot get her to agree to an IR DV prior to filing, you may not want to file the DV.

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: How much can I ask for after only 2 years of marriage to relocate. I have no money.

After 2 years of marriage, my husband wants a divorce. I have no money. Husband has about 300,000 in assets.

I want to make a small reasonable request so I can have money to rent me somewhere to live. I live in TN.

Anthony M. Avery
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answered on May 23, 2023

That short marriage does not give you an interest in his separate properties. Instead you should have your lawyer demand what you need to transition for the next five years, and not agree to an ID divorce until you get what you want. Without an agreement, he will have to prove grounds for the... View More

1 Answer | Asked in Divorce, Family Law and Legal Malpractice for Tennessee on
Q: I want to know if I can sue my divorce attorney for all or part of the money I paid him because he did nothing for me.

I paid a divorce attorney in February 2022 to get a divorce, it went on for 11 months because my wife could not be found and, therefore was never served with papers. We made 1 court appearance and that was to get permission to run an add in the local paper. Soon thereafter, my attorney quit,... View More

John Michael Frick
John Michael Frick
answered on Apr 2, 2023

I assume the $1,000 does not include your filing fees, service fee, publication fee, or the ad litem’s fee.

Even then, $1,000 is awfully skinny to start a divorce case particularly if the attorney knew in advance you didn’t know where your wife is.

While you can sue, you might...
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1 Answer | Asked in Child Support, Divorce and Family Law for Tennessee on
Q: My divorce papers have no child support start date so do the payments start now?

He marked "hand directly to parent" on the papers and when I mentioned this to him he said he's just going to wait for them to come out of his check on its own. Do I need to take him back to court or what do I do because he doesn't want to pay it and the papers was filed March 2, 2023.

Anthony M. Avery
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answered on Mar 16, 2023

It sounds like you did not go to Court, so you do not know what if anything is going on. Call Court and find out when the divorce decree was entered. Order for CS starts then. If no case at Court, then you are not divorced. If CS is not paid, then you must file a Petition to hold him in... View More

1 Answer | Asked in Divorce for Tennessee on
Q: Can a Chancellor change the value of real property from what was the appraised value agreed upon by the parties.

The chancellor changed the value on three investment properties (rental properties) that were awarded to the wife by a total of $167,000.00 from the appraised value agreed upon by the parties.

Anthony M. Avery
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answered on Jul 25, 2024

Yes... He can accept value evidence or reject it. It could be grounds for appeal or a post trial motion. His discretion will be given alot of credence.

1 Answer | Asked in Divorce for Tennessee on
Q: Is property divided in divorce if it was before marriage?

In 2016 my parents signed the land over to me. I didn’t get married until 2020. My husband and I want a divorce and he doesn’t want the land. He name is not on the deed just mine. Do I need a lawyer if the papers says if one of us owns property we need a lawyer??

Anthony M. Avery
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answered on Jul 24, 2024

Hire an attorney to represent you. The pleadings need to be right, especially the MDA and Judgment. You better check your title also. Once agreed and signed, he does not need to go to Court.

1 Answer | Asked in Divorce for Tennessee on
Q: Do I need a lawyer for divorce due to property

In 2016 my parents signed the property I now own over to me and I registered it in my name in same year. My husband and I didn’t get married until 2020. The property is in my name not his. And also he works I do not and has 401k do I need a lawyer for that to since I don’t want anything from it.

Anthony M. Avery
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answered on Jul 23, 2024

He can claim the appreciation in value since the marriage should be divided as marital property. Likewise you can argue the increase in his plan's value since marriage is marital property. You need an attorney when engaging in such a legal suit, as you could lose valuable properties.

1 Answer | Asked in Divorce for Tennessee on
Q: I have a notarized , signed by myself, my husband as well as The 30th JUDIAL DISTRICT MEMPHIS. I can't pay filing fees.

My husband agreed via text to meet at the court and he was gonna pay filing fees. Now the day before he saying he can't afford it ether . Cause he got a child on the way with his mistress whom he lives with . What can I do ??? Please advise !

Anthony M. Avery
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answered on Jun 27, 2024

You will probably have to wait until you can afford an attorney and the Court Costs before you can get your Divorce. Your present MDA might be used later if it is proper.

2 Answers | Asked in Divorce for Tennessee on
Q: If I plan to divorce my husband and he is in jail, is it beneficial to me to file for divorce while he is incarcerated?

My husband has felony conviction and probably more felonies will be added. Is having a felony a reason for filing for divorce?

Anthony M. Avery
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answered on Jun 18, 2024

If there is no property or debts involved, then it makes no difference. Talk to a divorce attorney.

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1 Answer | Asked in Divorce for Tennessee on
Q: Can you change divorce paperwork after it’s been filed but divorce isn’t final yet?

My wife and I already filed for an uncontested divorce and agreed on custody and child support but I was looking back through the paperwork and noticed she had put over the past 5 years the children stayed with her during weekdays and myself on weekends and that’s not accurate.They stay with her... View More

Anthony M. Avery
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answered on Jun 14, 2024

If you have a Dissolution Agreement that you like, then submit that to the Court for entry. It makes no difference what the earlier pleadings say. The Final Decree is what counts.

1 Answer | Asked in Divorce and Intellectual Property for Tennessee on
Q: This civil code article 1201 is saying what exactly? In layman's terms

Is this code 1201 stating I waive rights mean that any property we may own is now hers?

James L. Arrasmith
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answered on May 19, 2024

I apologize for the confusion, but I believe there may be an error or missing information in your question. You mentioned "civil code article 1201" but did not provide the actual text of this code or specify which jurisdiction it applies to. Article numbers can vary significantly between... View More

1 Answer | Asked in Divorce and Real Estate Law for Tennessee on
Q: my dad's name is on the deed to my house, along with me and my wife can my stepmother try to get a portion of the equity
Anthony M. Avery
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answered on Apr 8, 2024

You have not stated the exact estate. Assuming Dad is married to stepmother, if Dad dies intestate then she will be an heir at law as a tenant in common with you all of some undivided interest.

1 Answer | Asked in Divorce and Real Estate Law for Tennessee on
Q: how long for a Quick claim deed How long for an uncontested divorce with no property and no children

I have a question about property, my husband and i are getting a divorce. the property was from his mom, there is something called a Quick Claim Deed. The reason i am asking is he added my name to and now i am wanting it off. And then about a divorce uncontested

Anthony M. Avery
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answered on Apr 1, 2024

Hire an attorney to file the Divorce. If not agreed to then you must have grounds. Part of the agreement should be execution by you of the Quit Claim Deed of your interest to him.

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