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Tennessee Divorce Questions & Answers
1 Answer | Asked in Divorce for Tennessee on
Q: Can i file just my answer (admit/deny) to a divorce complaint, then later file a counter-complaint? No lawyer

I have to file an answer by Monday 9/16/19, I can't afford a lawyer and need to ask for transitional alimony. Another thought I had was to file a motion for mediation in hopes of not having to ask for alimony. What should I do and how do I do all of this without a lawyer?

Anthony M. Avery
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answered on Sep 13, 2019

If there is any property, debts or children involved, you need an attorney. You will need to make the counter-claim with the answer, if you have grounds. More importantly I hope there are no grounds against you and do not admit there are Irreconcilable Differences without an acceptable... View More

1 Answer | Asked in Divorce for Tennessee on
Q: What can be done when the ex being the defendant in an uncontested divorce will not sign the paperwork for court
Anthony M. Avery
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answered on Sep 9, 2019

You will need to hire a competent attorney to establish grounds for divorce. Then you must amend the Complaint, and serve it, unless the original Complaint was served. Otherwise you must wait on the other side to want a divorce. Sometimes it is better to stay married, as the survivor may take... View More

1 Answer | Asked in Divorce for Tennessee on
Q: is there anyone that can do a divorce for a person that is incarcerated at Northeast correctional facility?

the incarcerated person hasnt seen his ex since 2007 and the only child they have together is 20 yrs old. they have no property or anything else together. she just wont cooperate in giving him a divorce.

Bennett James Wills
Bennett James Wills
answered on Aug 28, 2019

It is possible to divorce without consent. Contact a local divorce attorney to discuss the process and procedures.

1 Answer | Asked in Divorce for Tennessee on
Q: I'm filing for divorce in TN but we were married in al. Where would court be held?
Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Aug 19, 2019

You can file in Tennessee IF you have been a resident of TN for at least 6 months. Court would take place in the county of residence.

1 Answer | Asked in Divorce, Collections and Internet Law for Tennessee on
Q: need some on to do a motion to entry Qdro order for alimony arrears.
Bennett James Wills
Bennett James Wills
answered on Aug 12, 2019

If you are looking for an attorney, you can use this site to search for a family law attorney with experience in QDROs in your area. QDROs can be difficult so you should find someone who has experience in this area.

1 Answer | Asked in Divorce, Family Law and Child Support for Tennessee on
Q: One child turns 18 and graduates in 2020, the other in 2022. Should the child support be cut in 1/2 in 2020?

I pay cs directly to my husband, not through the County or through wages.

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Jul 30, 2019

No, when the first child turns 18 or graduates ( whichever is last to occur), the child support will need to be re-figured again using the current gross income of both parents and any changes in the parenting plan. If the parties income and parenting time have not changes, the emancipation of the... View More

1 Answer | Asked in Divorce for Tennessee on
Q: After more than four years working for my husband’s business for no money, he finally listened and is willing to pay me

something for my work. I am looking to file for divorce in the near future. He’s the breadwinner, and I do odd freelance jobs and am a homemaker. Will him finally paying me hurt me somehow during the divorce process?

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Jul 23, 2019

No- whether or not you were receiving pay for the job doesn't really matter- the proof in the divorce case would show that you have a history of employment, and therefore, you are capable of working outside the home and perhaps could support yourself - key factors when determining alimony.... View More

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: can I get the car back legally?

so my husband josh gave me the car for transportation but its in his own name. he has his own transportation is why he gave me the car for transportation for me and 3 kids. we had a small disagreement on july 21, 2019. so he supposedly had a friend come and pick up his car that I had locked from my... View More

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Jul 23, 2019

Yes, if he has two vehicles, and you have been driving one of them during the marriage, and you don't currently have a vehicle, I think it's likely that a divorce judge would award you that car. However, you will have to file for divorce, there would be no chance of just suing for the... View More

1 Answer | Asked in Divorce and Military Law for Tennessee on
Q: Do I have grounds to file for a uncontested divorce?

My wife has moved to another state and has been gone from our home for more than 30 days and I can’t contact her. But she contacted my chain of command through a redcross message to get money from me.

Anthony M. Avery
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answered on Jul 16, 2019

No that is not grounds for abandonment. If possible get an agreed Irreconcilable Differences Divorce. Sometimes you can send papers through the Spouse's Family. Being in the Military has its own special

requirements, so you need a competent attorney to represent you now. This...
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1 Answer | Asked in Divorce for Tennessee on
Q: I've owned my own home since 2009. I married in 2016 and filed for divorce in early 2019. Is home separate property?

I've sold the home but the equity was built over the majority of years I was residing alone. Soon to be ex husband wants half the equity.

No children from the marriage. He has his own retirement income and Social security. I have my own income and retirement.

He didn't... View More

Anthony M. Avery
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answered on Jul 15, 2019

The increase in value since the marriage is marital property. It sounds like you may wish to reconsider your divorce action. Obviously you have nothing to gain by divorce at this time and must pay him to agree. You need a competent attorney to put you in the right position to get him to want a... View More

1 Answer | Asked in Divorce for Tennessee on
Q: I need to divorce my controlling husband &have no money for lawyer
Bennett James Wills
Bennett James Wills
answered on Jul 11, 2019

You could contact legal aid or perhaps a local law school to see if anyone could help you at low or no cost. Otherwise, you could attempt to do it yourself. The Tennessee court's have a website with forms and instructions.

1 Answer | Asked in Divorce for Tennessee on
Q: My boyfriend's ex is trying to take him back to court though their divorce has been final for 2 yrs Can she do this?

She wants him to sell the house he bought after the divorce and get alimony.

Anthony M. Avery
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answered on Jul 10, 2019

She probably can at least file it in the same Court, and may have some type of meritorious claim... Whatever the case, your boyfriend needs a competent attorney now to answer it and argue in Court. Hopefully it is res judicata.

1 Answer | Asked in Divorce for Tennessee on
Q: Can a lawyer refuse to sign divorce papers?

My friend recently got the court to sign off on her divorce. Her (ex) husbands lawyer refuses to sign the final documents, her lawyer says the opposing lawyer can take as long as he wants and there is nothing to be done about it. This doesn't sound right to me. Is there any thing my friend can do?

Anthony M. Avery
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answered on Jul 10, 2019

In Tennessee, you get divorced either by Agreement or by proving Grounds. I do not know what you are referring to, but it sounds like the "final documents"might be where the actual Divorce lies. Your Friend needs a competent attorney to push through the IR Divorce or put on

Grounds.

1 Answer | Asked in Divorce for Tennessee on
Q: I have a friend who is dating a guy that is married to an illegal immigrant.. the relationship failed he wants a divorce

She fights him and more so he wants to know how to get out of the petition without going to jail

Paul E. Tennison
Paul E. Tennison
answered on Jul 3, 2019

This sounds like it may be a difficult situation. I recommend your friend consult with an attorney at a firm that does both family law and immigration law. The same lawyer or team of attorneys may be able to help him with both the divorce and his immigration status. If he is being abused by a US... View More

1 Answer | Asked in Child Support, Divorce and Family Law for Tennessee on
Q: Is income used to determine child support obligation based on wages at the time the divorce was filed?

My wife filed for divorce several months ago and I will be starting a new job with a substantially higher salary next month. I was wondering which salary would be used to calculate things like alimony and child support. I know in some other states it is based on the income at the time of filing, is... View More

Paul E. Tennison
Paul E. Tennison
answered on Jul 1, 2019

Based on my experience, Tennessee courts use the most recent income information at the time of calculation. Not the salary at the time of filing. Good luck!

1 Answer | Asked in Divorce and Child Support for Tennessee on
Q: Court order in effect, ex doesn't follow for CS. He pays cash. Now he wants me to sign receipt for all CS paid?

We have a court order in effect. I'm the physical and legal custodial parent. He is ordered to pay child support through clerks office. However, he's always given me cash money. Now, five years later he wants me to sign a receipt for all child support paid in cash. Is this a good idea or no?

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Jun 27, 2019

If called to testify in court, and the Judge gave you an oath where you swore to tell the truth, and he asked you if you did indeed receive the child support payments in cash, what would you say? If the answer is yes, then you should sign the receipt. It's not really an "idea" -... View More

1 Answer | Asked in Divorce for Tennessee on
Q: Is sexting during a separation illegal?
Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Jun 17, 2019

It not "illegal" but it is NEVER a good idea.

1 Answer | Asked in Divorce for Tennessee on
Q: If I've been apart from my wife for 6 years can she claim any property acquired since separation in Tennessee
Anthony M. Avery
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answered on Jun 7, 2019

Yes she can, in addition to any appreciation in value in separate property.

You need to hire a competent divorce attorney now ( there are very few

good divorce lawyers) to start planning your asset protection program. If you have alot of land, then hire a competent property...
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1 Answer | Asked in Child Custody, Child Support and Divorce for Tennessee on
Q: How could I find a lawyer that would do a divorce pro bono my divorce would include child support and maybe ailmoney
Paul E. Tennison
Paul E. Tennison
answered on Jun 5, 2019

I recommend you contact the Legal Aid Society of Middle Tennessee. https://las.org or 615-244-6610. LAS works with local attorneys to provide Pro Bono assistance in many circumstances. They also are likely to know other organizations that may help. Good luck!

1 Answer | Asked in Child Support, Divorce and Family Law for Tennessee on
Q: If I marry gf while pregnant is it possible to still get place on child support years later if we divorce

Married before baby is born .

Divorce years later is it still possible to get place on child support or am I safe since we married before baby was born

Anthony M. Avery
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answered on May 21, 2019

If the child is born during the marriage, then you are legally the father. And you will be liable for child support to her if there is a divorce. The same result if you marry after birth and adopt. If no marriage, then she may pursue child support through a Paternity Action, which will probably... View More

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