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ago. We have the signed Judgment and Notice of Entry of Judgement. TN civil court clerks are insisting that we have to wait 30 days from Divorce Judgement, even from CA, to be able to obtain the marriage license. Is this true?
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answered on May 13, 2019
I believe you are trying to get a Marriage License issued by the County Clerk, otherwise your question makes no sense. The California Judgment could get set aside or appealed, and if the bride married again, she would be a bigamist. That status is usually not prosecuted criminally, but comes up... View More 
Getting a divorce been married 5 years and my husband never let me work was very controlling. Was not allowed any money, no friends had to stay at home all day everyday. I was also mental abuse by him by calling me names all the time, cussing me, yelling at me, always saying nasty things to me.... View More
answered on Apr 26, 2019
I would expect some form of spousal support ( legal term is "alimony") would be appropriate in your situation. There are several different types of alimony, but you have only been married a short time and there are a number of other different factors the Judge must take into consideration... View More
I am unhappily married and would like to get a divorce. I have two children with this woman and she is mentally bipolar and refuses to take meds or get counseling. 9 years ago she cheated on me and got pregnant by another man. I have taken care of her and baby and call him my own son. She refuses... View More
answered on Apr 17, 2019
If you file for divorce it is possible to obtain a divorce even though the spouse does not want one. You may have grounds to gain custody of a biological child. If you are attempting to get custody over a non-biological child you'll run into some problems. Consult with a local attorney to... View More
He left me without food and water while I was in a wheel chair 2 years ago. No way to fend for myself. He was very verbal, emotional, and physical abusive.
answered on Apr 17, 2019
You could try to do the divorce yourself with pro se forms provided online at http://tncourts.gov/help-center/court-approved-divorce-forms. It's usually recommended you get an attorney. The issue you seem to have is that you do not know where your spouse is located - and that's going to... View More
My husband which assault me an our 12 yr son still has charges pend. In one county an my husband goes an gets his lawyer to reopen our divorce case which is in amother county and tells that judge that I made all that up and some more lies so while I was on the hospital the judge goes my husband... View More
answered on Apr 13, 2019
At this point in time, your case is far more factual than legal. On this question and answer forum, we attempt to help individuals by providing simple explanations about the law. Your issue needs the attention of local counsel, who can ask you the appropriate questions to communicate with the... View More
Divorce of 1987 states Mr. X is entitled to 40% of value of home in the event Mrs. X dies first.
Since paying off mortgage, Mr X has not put any money into maintaining the home.
The position is that Mrs X, by virtue of the fact that she has maintained the home for the past 30... View More
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answered on Apr 10, 2019
Not sure of your question, and you have not stated enough facts. However it is very unlikely that a Tennessee Judgment has subject manner jurisdiction over anything to do with real property in Alabama.
The exception would occur on ancillary jurisdiction of a will probated in Tennessee.... View More
We haven’t been to court yet so I have not been ordered to do anything, but we filed back in December and my wife and her lawyer are saying I am in contempt of the marital dissolution agreement. Will I go to jail?
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answered on Apr 2, 2019
If there is an MDA then you must have agreed to the Divorce. You can tell the Court anytime prior to its being a Final Order that you rescind the Agreement. Wife will have to put on proof of your fault to get a Divorce.
I am getting a divorce with my spouse who moved and lives in Bartlett TN (Memphis). We have two children together. My spouse is the one that is filling for the divorce since our children live s with her. Recently she obtained a lawyer to file the divorce and has told me that her lawyer told her... View More
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answered on Apr 2, 2019
It is not a statutory requirement to have a Divorce ordered. However there is a good chance that the non-custodial parent will have to pay for insurance for the benefit of the Child. The Court will Order this.
And out of my sons, (which the loan was in just his name, but property in both) before the end of the first year and if not it would have to be sold. After 4 years she never got it out of his name claiming she couldn't get a loan. Which caused him not to be able to get a loan on a house for... View More
answered on Mar 26, 2019
This can't be answered accurately without a complete review of the final decree of divorce. However, in my experience it would be very rare to include the rights and remedies you describe. If the house was "awarded to her," it is hers. If she was required to refinance within a time... View More
answered on Mar 25, 2019
You have no duty to support another persons' children- only the biological parents owe child support. I assume this is what you mean when you say the children are "outside"- that is, these are not your biological children.
I have 4 minor children, the only property is the house where I live with them. I have sole custody and an order of protection against my husband which covers me and the children. I have made many attempts at settlement including offering him 50% of the property. There is a parenting plan that... View More
answered on Mar 12, 2019
No one can be forced to settle. The case needs to be set for trial and allow the judge to decide the issues. This means you and possibly other witnesses testifying to prove the grounds for the divorce, that your parenting plan is in the best interests, and that your proposed property division is... View More
answered on Feb 12, 2019
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... View More
On Dec 25, 2018 my wife left our home to visit family in KY with a verbal and mutual agreement to return home on the 27th. Long story short sometime on the morning of the 27th she inexplicably decided not to do this and filed for an order of protection alleging violence and abuse. This order was... View More
answered on Jan 17, 2019
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... View More
my daughter had to move to us in tennessee she had nowhere else to go but her parents her marriage is in Kentucky. her husband is abusive physically and emotionally. we want to keep her safe she has 3 children and they are also scared of him. he says he wants to talk to the children and that leads... View More
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answered on Jan 15, 2019
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... View More
a subpoena for a deposition from the plaintiff's attorney, my husband, I am representing myself. can this be done prior to a date being set for mediation and going through that process.
Thank you very much for your help...Paulette
answered on Dec 11, 2018
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... View More
Can she legally take them to another state to keep them from the father
Thank you. My son went and filed for a divorce today. So hopefully he will get to see his girls soon.
answered on Dec 7, 2018
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... View More
Been separated six years. She had two children. No vehicles besides one vehicle per spouse. Always just rented.
answered on Nov 6, 2018
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... View More
I have owned my house for around 12 years, my husband has lived there since we married less than 5 years ago. l am the only one on the deed and mortgage. The house is in pre-foreclosure, but I have found a potential buyer who is offering enough to cover the balance. Husband is aware of the... View More
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answered on Nov 5, 2018
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... View More
My husband and I are filing an uncontested divorce. I'm filling out the paperwork now and on form 5, it says if either spouse has a retirement or pension plan to get a lawyer. I cannot afford lawyer fees and really need to do this without one if possible. Are there other forms I need to fill... View More
answered on Oct 31, 2018
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... View More
My husband of 16 years abruptly left me 4.5 months ago, in the middle of the night, while I slept, taking all of $52K we had, leaving me (a housewife) with no car, no phone, all the bills past due, in a house about to be foreclosed upon, and moved out of state. No response from him until 5 weeks... View More
answered on Oct 26, 2018
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... View More
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