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Tennessee Divorce Questions & Answers
1 Answer | Asked in Family Law and Divorce for Tennessee on
Q: My husband and I are filing a non-contested divorce. We do not have kids together, do we have to take a parenting class?

I have a daughter that lives with me and he has a son who has not lived with us. (State of Tennessee). Thank you.

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Oct 24, 2018

No, the parenting plan and the parenting plan address only the children OF THIS MARRIAGE. If there are none, then it's not required.

1 Answer | Asked in Divorce for Tennessee on
Q: I got a divorce in 2012 childsupport was worked up but never established. Ex wants backtime now since I filed for

Visitation and was granted that. Can mother be granted retroactive support since she waited so long to file? Could I really have to pay thousands of dollars to her? I’ve tried to help multiple times and she deny the help , but out of haterated & trying to Retaliate against me , is there... View More

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Oct 23, 2018

Yes, she can be awarded retroactive support. ( you could have filed a paternity action if you thought it was your child, the law assumes you want to support your child). However, you likely will not have to pay it all at once- you can make payments on the arrears- since the arrears accrued over... View More

1 Answer | Asked in Family Law and Divorce for Tennessee on
Q: My father had dementia and was addicted to prescription pain medicine. He married another drug addict.

He passed away and they have been married for less than a year. Can the marriage be voided by the courts if proven that he was incompetent in Tennessee? I have video proof of his decline, medical records etc.. I was not even told about the marriage until after his death. She is attempting to keep... View More

Anthony M. Avery
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answered on Oct 17, 2018

It is probably impossible to Annul the alleged Marriage. But you should check to see if they were actually married, that is make her produce a Marriage Certificate. If there is substantial property, you may wish to file for a Probate Administration. As the Surviving Spouse, she will be entitled... View More

1 Answer | Asked in Divorce for Tennessee on
Q: Can i get out of mortgage after divorce?

My ex was awarded our home in the divorce. He was to refinance and get my name off. He passed away 4 months later before doing so. Can i get out of the mortgage? There was no estate opened, just his will. The house was willed to our minor son.

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Oct 1, 2018

This sounds like a very complex situation with several issues- the will needs to be probated, the property needs to be sold to pay off the mortgage and if the owner is a minor, court approval will need to be obtained to complete the sale. I STRONGLY suggest you consult an experienced real... View More

1 Answer | Asked in Divorce for Tennessee on
Q: I want to file for divorce, we've been separated for going on 4 years. We have no assets together.

We do have 2 children, daughter who is 19,and son who is 10. We have our schedule fixed already where our son goes and stays with him whenever. But financial wise I'm not able to afford a divorce, is there any help

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Sep 26, 2018

In Tennessee, check the AOC ( Administrative Office of the Courts) website. There are forms and instructions available for individuals who want to represent themselves. There are also hundreds of lawyer websites that provide helpful and useful information- do some research.

1 Answer | Asked in Divorce for Tennessee on
Q: What has to be done if my son entered a second marriage thinking he was divorced but wasn’t only been married for 1 week

Does he need a divorce from the illegal marriage or annulment ?

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Sep 20, 2018

If he was not divorced at the time of the second marriage, Tennessee law says the second marriage is void ( not legal). I suggest he just go through another marriage ceremony AFTER he has confirmed the divorce. In short, he just needs a another marriage certificate dated after the divorce.

1 Answer | Asked in Divorce, Family Law and Legal Malpractice for Tennessee on
Q: Me and my husband been married for 17 years and he married another woman while we still legally married

He got my belongings in the house and i have been paying for and he been stealing from his family and we have 2 children together

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Sep 6, 2018

You do not ask a specific question- but it sounds like you need to file for divorce. The divorce Judge will make a division of the property ( if you are paying for it, you are likely to get it) and set up a parenting plan for your children and set child support. Consult an experienced divorce... View More

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: I was served with divorce papers.

I was served with divorce papers. I responded and filed with the courthouse. I was supposed to serve my husband with the response, he wasn’t home so I left them on the porch. Is this okay? Or should I have made sure he got them. He’s now saying he never received the response to I’m not sure... View More

Bennett James Wills
Bennett James Wills
answered on Aug 27, 2018

An answer to a complaint is usually just mailed to the other party. Hand delivery is ok as well. But you must complete a certificate of service on your papers so the court knows how they were served. Service must comply with Rule 5 of the rules of civil procedure. If he says he didn't receive... View More

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: What if you get married to someone in KY but they weren't divorced from their wife in Tennessee. We aren't together now.

We both reside in TN and have been separated for years. We got married in KY at the courthouse and split a year later. When I went to file for divorce it showed he is married to his previous wife,divorce papers were filled among them but not finalized by the judge. I can't find a lawyer who... View More

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Aug 27, 2018

If he was already married at the time he married you, your marriage is void- you can't be married to two people at the same time. You should file for an annulment.

1 Answer | Asked in Divorce for Tennessee on
Q: What if your husband refuses to be served papers continually ? At what point will the judge give me a court date?

This is an uncontested divorce, no children, no property or assets. Please help me!

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Aug 27, 2018

Your question is not clear- an "uncontested" divorce is where the other spouse also wants the divorce and therefore AGREES to sign the marital dissolution agreement. It sounds like there is no agreement; either change the document to give him what he is asking for or consider filing for... View More

1 Answer | Asked in Divorce for Tennessee on
Q: If someone divorce you while incarcerate do you have to sign the paper and if you dont sign them what can happen
Jedidiah "Jed" McKeehan
Jedidiah "Jed" McKeehan
answered on Aug 26, 2018

No, you do not have to sign the papers, but if a judge deems that you have been properly served, then they are able to get divorced without your approval.

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: Do you legally have to take a house key to your spouse when they lock themselves out during a divorce?

I had to pick my father up from his house due to his wife being intoxicated and verbally abusive. She was left in the house. Now she is demanding we bring her a house key because she left the house and locked herself out, along with bringing the Truck(martial property) to her. I have offered to... View More

Jedidiah "Jed" McKeehan
Jedidiah "Jed" McKeehan
answered on Aug 26, 2018

No, you do not have to take her a key.

1 Answer | Asked in Divorce for Tennessee on
Q: Is the insurance stopped on the day of divorce in court
Jedidiah "Jed" McKeehan
Jedidiah "Jed" McKeehan
answered on Aug 26, 2018

So if the divorce documentation says that it is supposed to stop, then that is what is supposed to happen, but you will need to contact your insurance providers to ensure that such occurs.

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: Best option for divorcing incarcerated spouse TN.

Incarcerated less than a month after married, no property, no children, married now almost 17 months. He does owe me money for a title loan, I haven't been able to afford to divorce him, therefore I remain married.. Which options are best for me? Annulment, divorce? What options won't... View More

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Aug 17, 2018

Annulment is probably not worth pursuing- it is very rare that circumstances allow it, and trying to go that is likely MORE expensive.

Also, if he is in jail, why do you need an order of protection?

In summary, if he was convicted of a felony, that itself is a reason ( grounds) for...
View More

1 Answer | Asked in Divorce for Tennessee on
Q: Is it legal to put a GPS tracker on my spouses vehicle to prove infidelity?
Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Aug 16, 2018

NO, this is illegal , see Tenn Code Sec 39-16-606.

1 Answer | Asked in Family Law and Divorce for Tennessee on
Q: Husband had $150,000 in Defined Contribution pension before marriage,now valued 396,000. What part is TN marital asset?

Is it the 246,000 increase during marriage or do you subtract the 150,000 and then calculate the contributions during the marriage and gains on those figures?

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Aug 15, 2018

The Judge in your divorce case will have the final say, but it seems to me it is the 246,000. Any increase in the value of a separate asset during marriage is generally considered "marital property," so certainly the contributions ( and the earnings thereon) made during the marriage are... View More

1 Answer | Asked in Divorce for Tennessee on
Q: My wife and I have separate retirement benefits but don't want a part of either. Can we still do a agreed divorce?

We've been separated for 3 years and got jobs that gave us retirement benefits after the split. She does not want anything from mine and I don't want anything from hers. We want to do a agreed divorce but on the form it says if we have retirement benefits we can't do it. Does that... View More

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Aug 9, 2018

It means you can't do it if you intend to share the benefits. Even though you are separated, Tennessee divorce law says pension benefits accrued up to the date of divorce are "marital property" ( meaning they belong to BOTH spouse). The divorce court can divide or apportion those... View More

1 Answer | Asked in Divorce for Tennessee on
Q: My husband filed for divorce but I dont agree with whats in them. I cant afford a lawyer and I have not signed the

papers yet. If I dont sign what happens? If I need to respond how do I do that with no lawyer? Please help

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Jul 25, 2018

If you don't respond to the lawsuit according to court rules of procedure, a " judgment by default" will be entered against you, so you must prepare and file with the court clerk a written response to the divorce papers. There are many "self-help" legal websites, so do some... View More

1 Answer | Asked in Divorce for Tennessee on
Q: I want to know if I can sue the company my husband works for.

He is having an affair with a lady he hired to work for him. Also, when he was hired on with the company we lived in Texas. The company is based out of Omaha Nebraska and has an office in Charlotte NC. He was told by the company that he could work from home. In 2015 we moved from Texas to TN. After... View More

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Jul 20, 2018

Unfortunately, I do no think you have a case against the employer- your husband might have a case if he had a contract of employment ( most people do not have a written contract) which stated he could work from home. If so, the employer breached the contract by requiring the trips. As far as your... View More

1 Answer | Asked in Divorce for Tennessee on
Q: Is there anyway I can find out if my husband had our marriage annullned or a divorce without my knowledge?
Bennett James Wills
Bennett James Wills
answered on Jul 6, 2018

That's likely not possible since in order to get a divorce your spouse would have been required to serve with you the paperwork (complaint, summons, etc.). If you are still concerned, you can go to the local courthouse and do a records search.

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