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I've been in my sons life since day 1 he's 2 now and even though we have no court arrangement's I get my boy every weekend he's a big part of my life she has said twice in the past that I am legally able to take my son from her but recanted both times
answered on Feb 7, 2018
You can file a petition for custody of the child. You should contact an attorney to help you.
We have no children. We have no real property together. I have the paper work and it says something about retirement and not being able to file for agreed divorce with a plan. My husband has a retirement plan. But I don’t want it or anything from it and I’m not the beneficiary I just want The... View More 
answered on Feb 6, 2018
yes, however, under Tennessee law, you may be entitled to some portion of the retirement plan, and it may not be a wise decision to walk away from that money. Do you even know how much the plan is worth? You may regret it later on, especially at retirement age. However, if you are completely sure... View More
My wife had an affair with a guy from TN. She lives in NC and the first time they had the affair, it took place in NC. Instead of suing him with alienation of affection or criminal conversation here in NC and domesticating the ruling to TN (provided I win), can I just sue him straight in TN since... View More
answered on Feb 1, 2018
The tort of alienation of affection has been abolished in Tennessee. I am not licensed in NC so I can respond concerning the law of that State, but for sure, you can't sue him in Tennessee.
They've been separated for at least 8 years and have zero kids together BUT they reside in different states. She's in TN and he's either still in MD or returned to Mexico. How do we get the process started with filing a divorce by her being in TN? Does she have to return to VA?
answered on Jan 31, 2018
If she meets the residency requirement in Tennessee she can file in Tennessee. The trick will be to serve him with the complaint and summons. You'll need to track him down for that.
Mom refuses divorce. I filed in TN. She lives in another state. Refuses support and refuses attempts to see child. She left with child. Left me with the rental house; had to vacate it because I wasn't able to afford it on my own. Became homeless. Now back on my feet. Child jurisdiction in TN... View More
answered on Jan 31, 2018
If the child has resided in the other State for more than 6 months, continuously, its likely you will need to file there.
Tonsils and adenoids removed on 2/5 father's visitation is 2/9-2/11. The car ride for the swap is 5 hours total for the child. Recovery is a week.
answered on Jan 30, 2018
Have you called the father to see if he will swap weekend? Have you consulted the doctor to see if it is safe for the child to travel? You should consult an attorney if the father will not agree and the doctor says it is not safe. But to answer your question, a court order is a court order, and... View More
My ex husband filed false allegations of contempt after divorce finalization, in an attempt to get my truck and boat awarded to me, saying I didn't make payments NOR would surrender them To him... I answered with receipts and pics showing I paid the boat off and gave him truck 4 months before... View More
answered on Jan 29, 2018
It would be up to the court to hold him responsible or the DA to prosecute for perjury. Usually in situations like this, it doesn't happen though.
I did sign papers,I did not have attorney. His did everything. He didn't put the business in or half our assets. We raise two grandchildren, one is special needs, and I haven't been able to work outside of our home or business since 2008. We still lived together slept in same bed and... View More
answered on Jan 29, 2018
Generally, once you have signed the papers, you are stuck, but the facts you presented here raise questions. You should take the paperwork and go to see a divorce attorney. If he did not include all of the assets in the marital dissolution agreement, there may be steps you can take. The fact... View More
She's signed the complaint. Wants me to go into the office to sign it so she doesn't have to serve me. Am I right in that once serve I have a 30 day window to sign in TN? And what if I wait 28 days? And what if I try to drag this process out with the hope of trying to reconcile?
answered on Jan 26, 2018
You should consult an attorney to discuss all of the facts. Without knowing more, it is hard to say what would be your best options.
Paid the police to serve her and ran it in the paper for 30 days through the circuit courts finally got a court date (she was not there and had not picked up the certified letter about the date)when i went the judge denied my default divorce for irreconcilable differences what can i use to get a... View More
answered on Jan 20, 2018
You should consult an attorney to look at the whole situation. The facts you described lead to many questions an attorney will likely ask: Did you file a motion to serve the divorce by publication? Did you allege other grounds other than irreconcilable differences? You can only receive a... View More
answered on Jan 19, 2018
Sorry, but its NOT possible to "sign his rights over" in a divorce case. Tennessee law prohibits any agreement which attempts to eliminate a parents duty to support their children. However, after the divorce, if you were to re-marry and your new husband wanted to adopt the children ( and... View More
My boyfriend signed the birth certificate before we got married. Now we’re living separately and I’m afraid to let my son visit because he’s threatened to not give him back. What should I do ? If he doesnt give him back to me, can I call the police ?
answered on Jan 14, 2018
In TN when parents are not married, the mother is the sole custodian (whether he is on the birth certificate or not) for the child unless a court has ordered otherwise. You don't have to allow him to go if you don't want to. The fact that he has threatened to not return him to you is... View More
Do I need those past messages to prove his infidelity? Do I have to prove his infidelity and how will that help me if I do file for divorce?
answered on Jan 13, 2018
Adultery is a ground for divorce, but it often is not as big of a deal as it sounds. Courts are used to cases involving one or both spouses cheating. If you want a divorce, you should consult an attorney . They can ask for the messages in discovery.
answered on Jan 12, 2018
Tennessee law allows for a defendant to be served by publication ( a notice in a newspaper) IF, "after a diligent search and inquiry" the defendant cannot be found. Publishing the notice in the paper takes longer and can be expensive ( it has to run in the paper 4 times) so most of the... View More
answered on Jan 12, 2018
Probably, but there are factors that could affect whether or not it is permissible. You should consult an employment lawyer to review the facts and advise you about your legal options.
He thinks he’s above the law. He’s get jealous and possessive. He’s talked about killing me and himself. I do worry what will happen when I leave. A couple years ago we were separated for a few months. He would let himself in my apartment as he wanted, no he wasn’t given a key and asked not... View More
answered on Jan 11, 2018
Your best bet is to get a really good attorney who can help you figure out how to best go about leaving or getting him out in a way that you can be safe. Talk to an attorney before you do anything.
Have not divorced yet. She is now pregnant with the other man. Do I still need to get a DNA test done to prove the child is not mine?
answered on Jan 10, 2018
Yes. I assume at some point you are going to proceed with obtaining a divorce, and Tennessee law assumes/presumes that the husband of a married woman is the father of any child born while they are married. As a result of this presumption, you will need the DNA test results to convince your divorce... View More
It is in the divorce decree that he maintains health insurance.Do i pick up the insurance since he is claiming he cannot?
answered on Jan 9, 2018
Your question does not specify, but I assume this health insurance is for minor children? If he provides documentation that he has been turned down/does not qualify, then I would purchase substitute insurance. ( Its always better to have some health insurance in the event of unforseen medical... View More
I live in tennessee and I am a service member. We have no children or any custody issues in our divorce. I filed for absolute divorce and she is cooperating.
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answered on Jan 8, 2018
There is no law that requires both spouses to be the grantees on a deed. However many lenders will want both spouses on any deed of trust. It would be better to delay taking title, or at least wait for recording the executed deed, until after the divorce is final. You are asking for trouble... View More
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