I would like to keep my divorce as low cost as possible, however, I want to make sure that I am getting everything due to me including alimony if possible. Can I get assistance from a legal aide lawyer for such a case?
Any service providing legal aid is free to pick and choose to whom they will offer services and to the extent such services would be available. In my experience, only rarely would such services be offered. Many times I ask my clients what was ever cheap about their partner, usually the answer is...Read more »
Yes. But you need to provide information regarding the disposition of custody of the child. Be careful if you are attempting to file without the assistance of an attorney. If you get it wrong, your suit may be dismissed with the possibility of have to refile. You don't want to buy a divorce...Read more »
I recommend you consult with a local Attorney. I am not sure which law applies here as you posted in Tennessee, yet the location is listed as Texas. Assuming Tennessee law applies, the house may be your separate property. If it is deemed your separate property, it would not be awarded to your...Read more »
You obviously need a competent attorney. Trying to do a Divorce yourself with property and children involved will be a permanent disaster for everyone concerned. Make payments, barter with firearms, vehicles, whatever, to hire a decent attorney, or stay married.
My husband will not work a full time job. He barely works 15 hours a week. I have been paying everything since we have been married..which is two years. I am currently going through cancer treatment too and working full time. The only thing he has paid is the cable and internet. I pay everything... Read more »
You should hire an attorney now for a divorce consultation. But yes, the other spouse can claim an equitable portion of the increase in value of separate real property since the marriage. I suspect that you have a larger problem: no grounds for divorce. Selling the house now, moving...Read more »
completed his classes. He got the kids out of state unsupervised twice since all that was finished but during the order they were supervised. But now my legal aide attorney said to withhold the children until she reviews some case files to determine whether unsupervised should continue or if going... Read more »
Violating a court order opens you up to potential criminal and civil contempt.
I would advise you to speak to your legal aid attorney about those risks so you can make a fully informed decision about whether to possibly risk 1) you going to jail for contempt of court, and 2) a court order...Read more »
The "parenting plan " form which is part of your divorce papers has a section on child support. The form has a section where the parties choose the date- In summary, you've got to review the divorce papers and see what they say. If the section was not filled out, generally court order become...Read more »
When we divorced, part of the agreement was that we remove each other from the car loan. She has missed two payments in a row. As such, I have had to pay these. What can I do to get that money back, and prevent further issues?
The first question is why hasn't the car been refinanced pursuant to the divorce? If you and your ex are still on the note, then you are jointly/severally liable. To prevent further issues, get your name of the note to prevent further liability. Consult local counsel to best determine your options.
We agree to get divorced but I want to start the process and have him served because he's unwilling to sign for an "agreed" divorce which in the state of TN requires BOTH parties to sign the initial complaint/petition for divorce before filing.
Uncontested means your spouse won't care about the 401k or you have agreed on the property split. But if you had the 401k before marriage, it is not marital property by statute and your spouse wouldn't ordinarily have claim to it.
I recommend you try Googling this. Another good option is to call several local attorneys and ask how much they typically charge. Keep in mind if either party later decides to contest anything that will make the case cost significantly more for both sides.
You must look at the Deed. You may own as tenants by the entirety or nothing. Is there a Deed of Trust? If so there may be no equity. If he owns home, then you will probably not be entitled to any appreciation in value either (very short marriage). You need to get copies of tax returns and...Read more »
A year ago, my wife filed for divorce for adultery. I did it, the reason doesn’t matter We reconciled, never separated, but she won’t dismiss case. The marriage was already falling apart. She has said that she won’t dismiss the case bc she thinks I will just turn around and file for... Read more »
To dismiss a lawsuit you would have to file a motion to dismiss and outline the reasons, factually and legally, why the case should be dismissed. You should consult with counsel to review the court file, pleadings, and other relevant documents to best determine how you could proceed.
Contrary to popular belief, under Tennessee law, the short duration of a marriage is not grounds ( a legal reason) for an annulment. An annulment is the procedure for having a marriage declared void/invalid because of some DEFECT in the marriage itself ( for example, underage parties, fraud or...Read more »
She took off 17 years ago and I haven't really seen her since. She has a minor child from another man long after she left. I have a child she is not the mother of. Can I file a simple/uncontested in TN
Probably not- you surely need a divorce, the problem is that in order for it to be "simple and uncontested" your wife must AGREE and sign paperwork. Your question says your haven't seen her in some time, so to get her to sign, you will have to find her and communicate. It's likely she will also...Read more »
yes, I assume you a re talking about the forms put out by the Supreme court that say they ( the forms) can't be used if you have retirement benefits. The retirement benefits are not the problem, the problem is that dividing the benefits usually requires complicated court orders called QDROs (...Read more »
I have been in a physical and mental abusive marriage. I have not pressed charges, nor have I filed a police report. I did file an order of protection, but dropped it since my husband did not contact me or anything during that time. I made a bad mistake after dropping the order, of letting him... Read more »
You will have to file for Divorce under grounds of Cruel & Inhumane Treatment, and serve him. You need a competent attorney. Additionally you will need some type of witnesses to his conduct. Either he agrees or you put on proof of grounds, or no divorce.
She now says she has bad credit. We don’t want the car but don’t want to continue to have to monitor her on the payments. What are the options? She was reminded this was coming up and said I know but never mentioned her credit.
You could consult with an attorney for more specific guidance tailored to your situation.
Generally, if a party disobeys a court order, then the aggrieved party can file a petition for contempt. The petition would be served on her and she would have time to respond. Then there would be a...Read more »
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