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Tennessee Divorce Questions & Answers
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 and Probate for Tennessee on
Q: Couple separated for years, divorce underway, wife passes away, living in different states

My wife and I were in the process of divorcing when she passed away last week. She lived in Illinois, I live in Tennessee. We had been separated for nearly 25 years. I initiated the divorce. We have no property to divide, nor did she have power of attorney or a will to my knowledge. She had no... View More

Bennett James Wills
Bennett James Wills
answered on Oct 4, 2022

You should discuss all this with your attorney. But if she passed during the divorce proceeding, then there's no more divorce. Depending on her estate, you may and likely are entitled to some, if not all, of her assets. The issue would need to go to probate in Illinois since that's where... View More

2 Answers | Asked in Divorce for Tennessee on
Q: I got married in may and want annulment.

We don’t have sex it me it makes me sick

To my stomach.. I listened to him and let him coerce me about the marriage. He retired and said we had to get married by may 31 on may 25 or I wouldn’t be able to be on ins. He’s looked at my private texts while I slept on the way home from... View More

Anthony M. Avery
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answered on Oct 4, 2022

Annulments are very rare and difficult to obtain. You might have grounds, but if you can get him to agree to an Irreconcilable Differences Divorce, it will be far cheaper and quicker. Hire a competent attorney to advise about this, including looking for divorce grounds in the near future.

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1 Answer | Asked in Divorce and Real Estate Law for Tennessee on
Q: Can I force the sale of a home I shared with my ex husband if he's disabled?

Home is in both names he is disabled and gets ssdi. Can I force him to sell the home and give me half? Or does the laws protect him on this?

Bennett James Wills
Bennett James Wills
answered on Jul 21, 2022

Need some more information. But it sounds like you've been divorced but still have the house? If that's the case, an attorney would need to look at the deed. A divorce would sever the tenants by entirety status and make it tenants in common. An attorney would also need to review the... View More

1 Answer | Asked in Divorce for Tennessee on
Q: Can my husband and I file uncontested in Tennessee if we own a home together?

We want to file uncontested because we both want to keep paying on the home and reside here until we are financially able to relocate separately. Is it possible to file uncontested in our situation?

Bennett James Wills
Bennett James Wills
answered on Jul 14, 2022

Yes. It's possible. But you can also sell the house during the divorce and split the proceeds and move on. First recommendation is that you get everything in writing in a proper marital dissolution agreement, which you'll need anyways. Second, you would be wise to get an attorney to... View More

1 Answer | Asked in Divorce for Tennessee on
Q: How do I find my deceased husbands divorce decree from his ex wife. I don’t know where they filed and she won’t tell me.

It is for federal benefits for his children and myself.

Anthony M. Avery
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answered on Jul 6, 2022

Start calling various Court Clerks with divorce jurisdiction in any County where he may have been a Party. It could be in another State. Another Relative probably has an idea where the Divorce occurred. It may help to suspect a certain time frame.

1 Answer | Asked in Child Support and Divorce for Tennessee on
Q: Do I have to be divorced to be put on child support.

How is child support determined if you are still married. I’ve been separated almost 2 years.

Bennett James Wills
Bennett James Wills
answered on Jun 13, 2022

You can get a child support order pending divorce. Or you could file for legal separation and seek custody/visitation. Support is calculated using the parties' income, deductions for things like insurance and child care, and then applied to the guidelines. Seek local counsel to assist you to... View More

1 Answer | Asked in Divorce for Tennessee on
Q: In TN divorce can the court order the sale of a home purchased by one party prior to the marriage and titiled only in

that party's name

Anthony M. Avery
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answered on Aug 10, 2023

Absolutely if the real property is in TN. The non-titled party claims the increase in value during the marriage is marital property.

1 Answer | Asked in Divorce and Child Custody for Tennessee on
Q: Wife went behind my back and had mail forwarded and lied to her lawyer and said I was served when I wasn’t then a defaul

Default was filed without me knowing anything and the final decree was today and I had no idea until she text me

Anthony M. Avery
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answered on Jul 13, 2023

Hire a TN attorney to move to set aside the default judgment for cause.

1 Answer | Asked in Divorce for Tennessee on
Q: Been married 15 months, I am waiting for disability. Can I ask for support to move in a place and vehicle

He never fulfilled a promise, he was very controlling. I walked out after a violent out burst from him..I am now on streets.

Anthony M. Avery
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answered on Jul 13, 2023

As a spouse you can sue for spousal support. But since you left, you might lose. Talk to the domestic violence organizations.

1 Answer | Asked in Divorce and Domestic Violence for Tennessee on
Q: My husband and his family took all my jewels he even broke my berow and took silver,gold,cash worth 35 lakhs

He is jobless and took my jewels worth 35 lakh and has drinking habit and abuse me physically and mentally i am planning to divorce him he is jobless and doesn't cares home and daughter he not even pays fee and buys nothing to us he has one married sister he has a commercial house worth 1... View More

Anthony M. Avery
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answered on May 30, 2023

You should have called law enforcement. You might be able to file an Action To Recover Personal Property in General Sessions. Use TN terms only, not foreign. Otherwise you will need to file for a Divorce and have to prove grounds.

1 Answer | Asked in Civil Litigation, Criminal Law, Divorce and Immigration Law for Tennessee on
Q: Hello, if the husband discovered after his marriage that his wife deceived him and the law to come to America under the

America under the pretext of marrying him and divorcing five months after her arrival, what is the difference in the law or legislation in this matter?

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on May 26, 2023

Please finish your question since it got cut off

1 Answer | Asked in Divorce for Tennessee on
Q: Will a baby in a marriage affect a divorce

Wife is pregnant by someone else

Anthony M. Avery
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answered on May 26, 2023

Yes and it will have to be addressed. Husband is presumptive, legal father liable for support. Probably need a divorce for adultery and get a paternity test ordered.

1 Answer | Asked in Divorce for Tennessee on
Q: My husband is an alcoholic and is verbally and mentally abusive. Are these grounds for a divorce and do I need evidence?
Anthony M. Avery
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answered on May 26, 2023

You either need an agreement, or at least two witnesses that will testify that he is abusing you.

1 Answer | Asked in Divorce for Tennessee on
Q: Wife’s lawyer called asking me to come to office to sign papers. Didn’t even know she wanted a divorce.

Should I go to office to read papers or ask them to send them to me first since I have no idea what’s in them. She won’t even talk to me so I can’t get info from her. Don’t know if I need a lawyer or not.

Bennett James Wills
Bennett James Wills
answered on May 1, 2023

It would be a wise idea to consult with an attorney.

1 Answer | Asked in Divorce and Civil Litigation for Tennessee on
Q: Foriene Judgment in Texas

My wife and I were granted a Divorce in Oct 2021 In Illinois. She moved to Midland Texas, while I now reside in Tennessee. Since as a nurse, she makes a lot more money than me (retired) I was granted an alimony payment of 900 dollars per month based upon a 19-year marriage. According to my... View More

John Michael Frick
John Michael Frick
answered on Apr 4, 2023

It likely has to do with title to property.

For example, if she was awarded a motor vehicle in your divorce decree but the title registration was not changed before she moved, she might have recorded the decree in Texas so she could register the motor vehicle in her sole name in Texas.

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