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Tennessee Divorce Questions & Answers
1 Answer | Asked in Divorce for Tennessee on
Q: My spouse was sentenced to life in prison w/o parole. What is the least expensive route I can take to get a divorce?

We had not even been married a year before he was setenced and I had an order of protection against him before as well. I live paycheck to paycheck so do not have a lot of money to spend. The only thing I want out of it is the divorce and my maiden name back. There is no propety, children, etc that... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Jan 5, 2018

If he will sign the paperwork agreeing to the divorce, it should be fairly inexpensive. If he doesn't, it will cost more. Many lawyers will work with you on a payment plan that matches your income. Also, since there is domestic violence involved, legal aid may help.

2 Answers | Asked in Child Support, Divorce and Family Law for Tennessee on
Q: Can a Spousal support order be dissolved after the previous party remarries?

filed in tennessee, party moved to south carolina and now lives in california

Regina Irene Edwards
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answered on Jan 2, 2018

This is not a questions a Georgia attorney can answer. You mentioned 3 states, none of which is Georgia.

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1 Answer | Asked in Divorce for Tennessee on
Q: if I moved out of state and he files but I can't come what will happen? I don't have the transportation to get back

I've moved out of the state of Tennessee

Bennett James Wills
Bennett James Wills
answered on Jan 2, 2018

He may be able to obtain a default judgment against you. Depends on the reasons he puts in the divorce petition and a number of other factors. It would be wise to try and appear at any court dates and to obtain counsel.

1 Answer | Asked in Divorce for Tennessee on
Q: Husband & I have been on/off for 4yrs. He would come & go when he wanted. We moved back in together last yr but he move

Out soon after after promising to stay because I couldn’t afford the new place by myself. I had to get 2 jobs to pay. Wasn’t able to get enough $ up to move again. Even after this I let him back into my life again. He has always accused me of cheating which I did not do. Since July has treated... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Dec 21, 2017

You can try. The problem you are going to have is that you can't get what he doesn't have. You can certainly list the cost as a marital debt in the divorce. Best of luck.

1 Answer | Asked in Child Custody, Divorce and Family Law for Tennessee on
Q: I am in the middle of a divorce and my children are in my parents home. What can I do to regain custody of them.

I am in the middle of a pretty bad divorce. Me and my wife are estranged and our daughters are staying at my parents in Memphis. My ex-wife gave up her rights to the girls and my parents basically made me do it for temporary time sake so that they can be on my parents insurance. Now I am beginning... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Dec 21, 2017

You should consult an attorney to look at what your legal options are. If you are not clean yet and have not demonstrated sobriety for some time, your chances are not great of getting custody, but you may be able to get visitation. The best way to know what your options are though is to consult... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Tennessee on
Q: my husband filed for divorce in the wrong jurisdiction. We separated in a different county and he does not live in the

same county as me. I have a final default hearing tomorrow and have consulted an attorney. I'm trying to get the order vacated or possibly modified because my ex is withholding the kids from me completely. I thought that the proposed parenting plan would be put in place when i defaulted but i... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Dec 21, 2017

It is likely, but you need a lawyer to move to set aside the default quickly.

1 Answer | Asked in Civil Litigation, Divorce and Small Claims for Tennessee on
Q: My ex-husband and I divorced in 2008. I live in Tn and just found him. How do I collect this judgment? Divorced in AL

The judgement is for close to $100,000. He quit anytime I've tried to garnish. It's been a while since I've tried. He stays "on the down low" I found out he's working for CPS in the Keys and I would like my $$! I just don't know how. I live in TN. We divorced in Alabama. He lives in FL keys

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Dec 18, 2017

There is a process for enrolling a "foreign judgment" in each State. "Foreign" means a judgment from out of state, not from another country. In order to enforce the Alabama decree, you must enroll the judgment in Florida and when that process is completed, the Alabama judgment... View More

1 Answer | Asked in Divorce and Child Custody for Tennessee on
Q: Is my 16 year old son able to say with which parent he wishes to live-and must this declaration be done in court?

Parenting plan says 50/50 but a situation has arisen in other household that my son does not like and he has expressed he wishes to live full time with me.

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Dec 13, 2017

any child over age 14 can express their preference ( desire) to live with a particular parent, and that is usually done by testifying in court, but that is NOT binding on the Judge. The judge makes the final decision and is not required to follow the juvenile's wishes- the Judge is to decide... View More

1 Answer | Asked in Divorce for Tennessee on
Q: Is spouse entitled to part of 401k if couple only married for 4 years?
Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Dec 8, 2017

It is possible- especially if significant contributions ( something beyond interest/dividend or normal market appreciation) were made during the marriage.

1 Answer | Asked in Divorce for Tennessee on
Q: Do we have to include children by other people on the divorce papers?

We have been married for 15 yrs and separated for 13 I want to remarry and so does my ex. We have both moved on just need documentation and everything is already agreed upon no property to split and child support is already set by the court

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Dec 7, 2017

If children were born during this marriage ( even if you are positive the children are not your husband's) it is presumed your husband is the father. The divorce papers should recite that these children are NOT the husbands and include copies of the DNA testing to prove the husband is not the... View More

1 Answer | Asked in Divorce for Tennessee on
Q: ifme and my husband were in process of divorce and we stopped it one day before and I was with another man and no

If I am pregnant by other man can we still divorce now

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Dec 4, 2017

If I understand, yes, you can still file for divorce. If one case was dismissed, you can file again as long as the court costs from the previous case were paid.

1 Answer | Asked in Divorce for Tennessee on
Q: I was severed with divorce papers and wasn't able to come up with the money with in the 30 days what all can she get

If she wants something crazy that I don't agree with can I contest and get a lawyer even though I didn't get one with in the 30/days

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Nov 16, 2017

The first thing you should do is try to find a lawyer, but if you can't, you need to file papers with the court clerk where the divorce is filed asking the court to grant you more time or an "extension" on your response. You have to send a copy of the written request to your... View More

1 Answer | Asked in Divorce and Real Estate Law for Tennessee on
Q: If my husband and I are getting a divorce and he is an owner of his mother's house, do I have a marital interest in her

home? I know that I had to sign something for the bank, as a spouse when a small mortgage was taken out on it.

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Nov 16, 2017

Sorry, but you haven't provided enough information to answer- generally, anything acquired by inheritance is "separate property" and is not subject to division as part of the marital property . However, if significant improvements were made to the house ( remodeling?) during the... View More

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: My daughter and son-in-law are going through a divorce. They were married after the birth of my 8 year old

granddaughter. My son-in-law is not the biological father HOWEVER he did sign the birth certificate and has raised her. The biological father never petitioned for paternity nor has he shown interest in her. The issue rising is my daughter's attorney is telling her in order for their... View More

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Nov 14, 2017

The lawyer's answer seems correct- if the biological father's rights have not been properly terminated ( and signing a voluntary acknowledgment of paternity may not do that), then the only way to do that is through an adoption proceeding. The last thing anyone would want is for the... View More

1 Answer | Asked in Divorce for Tennessee on
Q: In Tennessee, is information (emails, texts, photos, etc.) recovered from a locked cell phone without

my permission admissible on divorce proceedings? More detail.....It was stolen by my spouse, kept for 2 days, I was told it was not in their possession but, when given it back from them, that everything had been recovered from it. This was not recovered via subpoena, etc.

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Nov 14, 2017

Probably yes, although your question does not provide enough specific information to be 100% accurate. There are many technical rules of evidence that could apply- authentication or proper foundation, hearsay, relevance, etc. Each item ( each photo, each text,) will be examined separately so there... View More

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: How does the relocating law work if the mother of the child moved to another state before the child was born.

Husband told wife to get out he didn't want her anymore she moves to TN to her parents home then gets a job and an apartment. Now the child is 16 months old and they are going to court for the divorce in Alabama. The father never supported the child before this.

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Nov 13, 2017

This sounds like a very complex situation. You should consult an experienced divorce lawyer for specific advice on your situation, but it sounds like the relocation statute would have no application. The divorce has been filed in Alabama ( and you didn't explain who filed there- mother or... View More

1 Answer | Asked in Child Custody, Child Support and Divorce for Tennessee on
Q: In Tennessee, do you have to have a lawyer for divorce with minor children?
Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Nov 13, 2017

There is no law requiring you to hire a lawyer in any divorce case, children or no children: you can always represent yourself. However, this NOT advisable: non-lawyers must obey all court rules and the rules of evidence and procedure, and unless you know what you are doing, you are likely to make... View More

1 Answer | Asked in Child Custody, Child Support and Divorce for Tennessee on
Q: Wife moving out of state with child and not allowing me to see him or tell me where they went.

I am going through a divorce with my wife, a parenting plan and child support and the divorce papers were all done at the same time, but she will not sign them and will not let me see him. What do I do? can she take him out of state without my permission? Can she keep me from seeing him?

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Nov 10, 2017

If you have not already done so, file the complaint for divorce and ask for a divorce on "fault" grounds (inappropriate marital conduct). Don't wait around begging for her to agree. The filing of the complaint causes an immediate retraining order to go into effect which would limit... View More

1 Answer | Asked in Child Custody, Child Support and Divorce for Tennessee on
Q: I have 3 children unmarried. I have supported all chidrn since birth. She has taken them. What do Ido
Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Nov 10, 2017

You should file court papers as soon as possible to establish a "parenting plan"- this is basically the same thing that happens in a divorce, the Judge will conduct a hearing where both parents can testify about their work schedules, the children's school schedules, etc so that the... View More

1 Answer | Asked in Divorce for Tennessee on
Q: I bought a house while married. The loan is in my name only but the deed shows both names.

Can I file Uncontested divorce with out an attorney?

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Nov 8, 2017

I am not sure I understand your question based on what you have written. You can always represent yourself, but this not advisable. If you needed surgery, wouldn't you think it best to hire a professional to provide that service to you? Going to court is similar, unless you know what... View More

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