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Tennessee Divorce Questions & Answers
1 Answer | Asked in Divorce for Tennessee on
Q: divorce with absent spouse whereabouts unknown with 17 yr old child.

wife has been out of the home over ten yrs and is wanted by the state for child support whereabouts are unknown how can I file for divorce without an attorney as I can not afford to hire one?

Bennett James Wills
Bennett James Wills
answered on Mar 4, 2022

There are forms available online at https://www.tncourts.gov/help-center/court-approved-divorce-forms

But it sounds like you're going to run into trouble serving your spouse and getting a divorce with or without her consent. If you can't afford counsel, try contacting a legal aid agency near you.

1 Answer | Asked in Divorce and Real Estate Law for Tennessee on
Q: Can my dad sign over property that he signed over in a quit claim deed to my mom, but she never filed it with the county

My mother and father divorced in 2010. Father quit claimed the house to my mother to remove his name. It was never filed with the county clerk and the house is still in both of their names. My mother passed away last month and my father says he can’t deed it to me solely because he says their... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Mar 2, 2022

Not sure what the City Clerk has to do with this. But if he is the owner, probably as the Surviving

Tenant By The Entirety, then he can convey title. There may be a possible challenge by the Estate, but that is doubtful and does not prevent the conveyance now. It does not sound like...
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1 Answer | Asked in Divorce for Tennessee on
Q: How much will it cost me to get an attorney to finalize a divorce with a mobile home involved.

I live in Wilson county Tennessee. It’s an agreed divorce but need lawyer to do paperwork to finalize the divorce with a house

Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Feb 17, 2022

Good morning, we are only licensed in Georgia. Attorneys fees vary, but ours are based on many different factors. We endeavor to offer fair pricing and our Divorce fees are flat fees. If your spouse is located in Georgia, the Firm may be able to draft documents on your behalf, otherwise, you may... Read more »

1 Answer | Asked in Divorce for Tennessee on
Q: My agreed divorced was finalized in court on Jan 24, 2022 in Tennessee. How long do I have to wait to remarry?
Anthony M. Avery
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Anthony M. Avery
answered on Feb 4, 2022

If the Judgment actually divorced you from matrimony, was proper, and was entered by the Court, then you are free to marry now. But you will want to wait at least to the end of February to remarry because the other side could appeal or (more likely) set aside a MDA and demand grounds. Also if... Read more »

2 Answers | Asked in Divorce for Tennessee on
Q: My ex is asking for transcripts from my cell phone, Facebook, Discord, and others in a divorce. I don't want to comply

He was abusive and controlling, I have no proof, no kids, only a house. I walked away with nothing and want nothing. What happens if I do not give him these transcripts?

Bennett James Wills
Bennett James Wills
answered on Jan 10, 2022

Was it a formal discovery request? Discovery is a complicated process. You may have grounds to object in your discovery responses. But ultimately, if the court orders you to turn over the documents then you would have to or face sanctions. Same goes if you completely ignore the requests. You would... Read more »

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1 Answer | Asked in Divorce for Tennessee on
Q: Can the money from my pre marriage savings account be divided in case of a divorce if I move it to the stock market?

I live in Davidson County, TN. I’m not an American citizen yet. I am married with kids to an American for three years now. I generated those savings years before I met my husband and would like to put them in the market but I’m not sure if that could make the money be shared in case of a divorce.

Hannah Burdine
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Hannah Burdine
answered on Dec 9, 2021

No, unless it was mixed with marital funds. It is important to keep your premarital assets separate from the marital ones. You should consider talking with an experienced family lawyer who is knowledgeable about asset protection of your separate accounts, such as creating post-nuptial agreements,... Read more »

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: Can a Rule Docket Report's clerk's notes be used as supporting evidence of a ruling where there are no transcripts?

There are no transcripts of any hearing of my case available, however, the clerk's notes clearly state the judge's ruling. Can this be used to support the reason a motion was denied?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 9, 2021

If you are filing an Appeal, you can file a Statement of the Evidence under the Appellate Rules. If a Rule 59 Motion, then just ask the Court to order what you think should be the exact ruling.

1 Answer | Asked in Divorce for Tennessee on
Q: Can I run a add in the paper for a divorce and if the other spouse doesn't respond to it can I be granted a divorce
Sam  English
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Sam English
answered on Dec 6, 2021

You must take all reasonable efforts to personally serve the divorce complaint on the defendant. If all efforts fail, you must file a Motion for service to be by publication and have it heard by the Court. Thereafter, the Court will rule and if granted you will run it for 4 weeks by publication... Read more »

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: How long do you have to try a civil matter after a decision is reversed and remanded on appeal?

Termination of alimony was denied and appealed, then reversed and remanded back to court. How long can this be heard in the trial court? Is there a statute?

Sam  English
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Sam English
answered on Dec 6, 2021

Unless the Court of Appeals placed a time on the matter being heard, it will be docketed like all other cases for the county.

2 Answers | Asked in Bankruptcy and Divorce for Tennessee on
Q: Divorced ex wife filed bankruptcy on house and all debt does she still have rights to the house money if sold
Lloyd M. Nolan
Lloyd M. Nolan
answered on Nov 5, 2021

That depends on what is contained in your Divorce Judgment. She is merely seeking to have her debt associated with the home discharged. There is no other effect whatsoever as to her her rights in the home. Whatever rights she had after the Divorce was granted should be the same after her... Read more »

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2 Answers | Asked in Bankruptcy and Divorce for Tennessee on
Q: Ex wife filed bankruptcy on all her debt including house does she have any rights or claims to it
Timothy Denison
Timothy Denison
answered on Nov 4, 2021

Depends on the terms of your divorce agreement.

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2 Answers | Asked in Divorce for Tennessee on
Q: If a husband of 18 years files for divorce is he legally obligated to split all their assets with the wife?

there are no minor children. he owns a business in his name only. she is a manicurist.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 25, 2021

No

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1 Answer | Asked in Divorce for Tennessee on
Q: Wife finds out, after divorce is final, husband fathered a child during marriage. Can she take him back to court?

Wife was ordered to pay husband percentage of equity in their shared home.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 22, 2021

TN Law is that marital property shall be distributed without regard to marital fault. If you had a trial, it might have made a difference if alot of money was spent on the kid. Arguably it was a disipation of property, but could be interpreted as properly spent. If the Decree is less than a... Read more »

1 Answer | Asked in Divorce, Child Custody and Domestic Violence for Tennessee on
Q: Husband put vehicles in only his name vehicle is in shop can the shop not give it to Me

He is in jail and has told them not to let me get it. Even though its mine! Bought while we were married too.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 16, 2021

If the vehicle is titled in the Husband's name, then it is his property not yours. No Homestead nor Next of Kin situation applies here.

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: Edited from previous question- Does a lawyer need to be involved in divorce if one of the parties has a 401k?

The party without the 401k does not want any of it and we are in agreement that it is not to be divided.

I see that the online forms available state they cannot be used if a party has a retirement account; however, I also have been told that as long as all parties agree, then the forms can... Read more »

Denania Galloway
Denania Galloway
answered on Jun 23, 2021

If there is an agreement between both parties, it can be filed easily. You don't really need an attorney to file a divorce matter whether it is contested or not.

1 Answer | Asked in Divorce for Tennessee on
Q: Does it matter who signs the divorce papers first the plaintiff or the defendant?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 21, 2021

Not sure of your question. Usually the plaintiff signs the Complaint which is filed, then served on the defendant. In an Irreconcilable Differences Divorce, noone is getting a divorce until all agree and the Judge grants it.

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: Does a lawyer need to be involved in divorce if one of the parties has a 401k? Both parties agree on who will keep it.

The party without the 401k does not want any of it. In leu of dividing it, I took on more debt and he received more physical items such as furniture, etc.

I see that the online forms available state they cannot be used if a party has a retirement account; however, I also have been told that... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Jun 17, 2021

If the party without the 401K wants any part of it, a very good lawyer will be required even if there is an agreement. QDRO's are very stringent and few attorneys (and Judges) know anything about them. Knowingly giving up a marital interest in property is a serious thing.

2 Answers | Asked in Divorce and Immigration Law for Tennessee on
Q: Can a sponsor to the United States take advantage of an immigrant?

Yes, I am a 30 year old man who has been married to a 65 year old woman who is a very successful financial advisor for around 2 years now. On March 20th of this year, I immigrated to the United States. She is also my sponsor to the United States. As I arrived in Utah, United States where she is... Read more »

Rehim Babaoglu
Rehim Babaoglu
answered on Jun 16, 2021

It's a little difficult to answer your question, because there is a lot of information that is missing. I am assuming that you have a two year conditional green card. I don't know if you are divorced yet. If so, you may be able to petition to keep your green card.

I would...
Read more »

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1 Answer | Asked in Divorce for Tennessee on
Q: My wife took a restraining order out on me but her and her lawyer said I can come get my stuff.am I allowed to?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 9, 2021

No, that is a setup for jail. You will probably need a Divorce to get anything back, unless you can get a Court Order to do so in the Order of Protection Case.

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