Get free answers to your Divorce legal questions from lawyers in your area.
answered on Sep 7, 2017
An inheritance is generally not marital property, but the facts of each case are different and the Judge is required to consider a number of factors in classifying and dividing the marital estate in a divorce. Sorry, but there is no simple answer to your question.
My wife had lied on me to the law and dcs that I sexually assaulted my daughter.. I got found innocent on the charge clear as day.. but what can I do or what do I HAVE to do to have charges pressed?
answered on Sep 6, 2017
Most counties have a judicial officer/magistrate who on duty at the jail or sheriffs office. This person will hear your complaint and if he deems it appropriate, he will issue an arrest warrant to the offender. In larger counties, the may actually have a Judge on duty. Alternatively, you could also... View More
My husband and I have been married for three years. At that time my stepson was 2, he is almost 5 now. However, his biological mother has lost visitation rights to him two years ago. I have been his mother in every sense. He calls me momma and doesn't know any different. Now, me and my husband... View More
answered on Sep 5, 2017
Tennessee law recognizes that sometimes a bond develops between step parents and step children. There is a specific statute ( law) that allows step parents to have parenting time. ( I assume you never adopted the child).
if you are in a divorce case, you should have a lawyer, so tell your... View More
answered on Sep 1, 2017
A "no contest" divorce is really an agreed divorce. There is no contest ( or in other words, no opposition) because both sides agreed on the terms of the divorce. In summary, there can't be an uncontested divorce unless you agree ( your agreement will take the form of you signing the... View More
I have resided in Carthage, Tenn since October 2012.
answered on Aug 24, 2017
Yes, you can file here. You have to be a resident of TN for at least 6 months in order to file for divorce. You don't mention children in your question so it is assumed there are none. You also don't provide any detail about the grounds (reasons) for divorce or property , and therefore... View More
Is there any legal agreement between us that even after divorce he pays for it, and after that it's paid for it, the title is on my name. Thank you
answered on Aug 18, 2017
Your divorce IS a legal agreement ( whether you both signed or whether you went to court and the Judge made a decision for you). If you are not yet divorced, you can put the terms for you to get the car and for him to pay for it in a "marital dissolution agreement" - along with other... View More
To get the divorce.
answered on Aug 17, 2017
Yes. You don't say when you got married, but there is a legal presumption that any child born during the marriage is the child of the husband. In order to rebut ( overcome) the presumption, you will need to prove/convince the Judge that your husband is not the father. DNA testing is the best... View More
I am separated and purchased a home in my family for 52 yrs...i would like it to stay in MY family.....how can I ensure that he doesnt have rights to it if something should happen to me
answered on Aug 12, 2017
There are numerous conveyance methods to keep the improved real property in your Family's ownership. You did not give enough information about your Family members or exactly who you wanted to have the property at your death. Of course should others have an interest in the property, present... View More
answered on Aug 9, 2017
Probably not, unless you added her to the ownership ( signing a deed to her) or if there was any significant improvements made to the house during the marriage ( for example, a new roof? adding a swimming pool?)
In order to sustain any claim, she must convince the judge that she made a... View More
The defendant may have in said property is divested from him and vested with the plaintiff. " I took a certified copy of the divorce to the register of deeds and they recorded it and took his name off the deed. The ex is saying that this isn't legal because he didn't sign anything. Is it?
answered on Aug 7, 2017
Its absolutely legal- If he was properly served with the summons and complaint, and the judgment is "final" ( that is , all appeal times have expired) then exactly what the decree said has happened: he was divested of any ownership and you became fully and solely vested.
No Property or debts together i didn't no where he was the last 10 yrs now he is in jail i tried to get him to sign divorce papers today at the jail and he refused so a no fault divorce is not an option now so where do i go from here i cant afford an attorney and i can't file on my own... View More
answered on Aug 4, 2017
Being separated for two years is grounds for divorce in Tennessee. You can file alleging "fault" grounds, get him served and maybe get a default judgment, if he fails to timely file a proper response to your complaint. If he does answer, you can still prove in a court hearing that you... View More
Requested for both of them to not do this. Is my ex legally trespassing
answered on Aug 2, 2017
No, a member of your household/resident is granting permission for your ex to come in. Its not trespassing if he has permission. Your problem is a disobedient child. I agree its unfair for the parent to take advantage of the child in this way, but I don't think a trespassing charge is the... View More
My friend has taken her ex back to court because he has stopped paying his alimony. She never only received particial payments Jan - March and the judge orders him to make extra payments to get caught up. He has not paid anything and the judge hasn't put him in jail for contempt. She's... View More
answered on Jul 27, 2017
Regrettably, it is not the Judge's job to collect or force payment- he is there only to rule on disputed issues. It sounds like the ex is retired ( getting a GM pension) so I assume he is not currently employed, If he is working somewhere, garnish ( this means filing a form with the court... View More
The plan says my son must spend overnights at his grandparents(my parents) home. I will be moving out soon and want to know how this can be changed. Thank you.
answered on Jul 26, 2017
This is hard to answer because you don't explain why the Judge required this in the beginning ( or did you agree to it in an agreed parenting plan?) In order to change it, you must be able to prove in court that whatever reason this was required now no longer exists. Certainly, if you are... View More
My husband and I separated 8 months ago and I moved out. I do not want a divorce I just really needed time to fix things within myself. Can I move back into the house? It is in both our names. He says he wants a divorce but I do not.
answered on Jul 24, 2017
In my opinion, yes. if the property is jointly owned, you have just as much right to be there as he does. However, you moved out and have been gone long enough for anyone to think you are not coming back. As a result, he may have changed the locks, and if he has, I don't think you have the... View More
answered on Jul 20, 2017
Probably not unless you all have a divorce action pending, the husband is a resident of certain states with community property laws, or you live there as your possible homestead. Many title insurance companies want the marital status of the grantor disclosed on the deed, but unless the former... View More
answered on Jul 9, 2017
Yes, There is no requirement that you be physically separated during divorce proceedings. I have had a number of cases where the spouses lived in the same house (but different bedrooms) during the divorce.Eventually, someone needs to move out.
Ever since he left even after he filed for divorce. I do not want this divorce and believe we can work things out. Is there anything i can file to delay the divorce to see if we can reconcile first?
answered on Jul 5, 2017
If you have not already done so, you should file an "answer" to the complaint for divorce. If you have already filed an answer ( I assume you have a lawyer, so this question should be directed to your attorney). A contested divorce can take months to proceed through the court system, so... View More
answered on Jul 5, 2017
Yes. The obligation to pay support is separate and distinct from the parenting time schedule.
answered on Jun 20, 2017
First, contact the lawyer who filed the complain and ASK for the extension, get a response in writing if h they agree. If they won't agree, file a "motion" ( a written request) explaining to the judge why you need more time. I assume you have a good reason, not just delay or... View More
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