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Tennessee Divorce Questions & Answers
1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: Can you "convert" a common-law marriage to a legal marriage? Will a legal marriage "nullify" a common-law marriage?

My husband and I received a Certificate of Informal Marriage in Texas in 2018, with no explanation of how it was different than a legal marriage. Through my own research, I realized that we are actually in a common-law marriage, and how that's different than a legal marriage.

In 2022... View More

Anthony M. Avery
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answered on Mar 11, 2024

Common Law Marriage is not recognized in Tennessee...

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: Do I have rights to our home if only my husband's name is on the deed?

husband and I got married in 2007 we then sold our house in 2015 making Anough to purchase our home paying cash 2016. In 2019 he asked me to leave in which I did but with only a bag of clothes. Our two kids stayed with him as I didn't have a stable place for them to go. We have remained civil... View More

Anthony M. Avery
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answered on Jan 25, 2024

Was there a reason you gave money to to the seller to purchase the home in only his name? There might be a resulting trust, or you might be entitled to the appreciation in value during the marriage in a divorce action. Consult with an attorney to see what you want to do, and also search the... View More

1 Answer | Asked in Divorce for Tennessee on
Q: My divorce was filed with the court 6/22/22 court case#75CC1-2022-CV-79876. why hasnt it been finished no kids

my case say open with judge name

Anthony M. Avery
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answered on Jan 25, 2024

Call the Court Clerk and ask.

1 Answer | Asked in Divorce, Family Law and Appeals / Appellate Law for Tennessee on
Q: Can you file a motion for pendente lite relief in the court of Appeals in TN while you are appealing your divorce?

The trial judge completely ignored my request for pendente lite relief during my divorce proceedings and denied me alimony.

Anthony M. Avery
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answered on Jan 8, 2024

No and the denial of alimony is one of your issues on appeal. Your lawyer needs to get busy drafting the appellate brief.

1 Answer | Asked in Divorce for Tennessee on
Q: I have been married for over 20 years but was only together 1 years after marriage.

I don't know how to get ahold of the man I'm married to,nor do I know where he may be. How can I go about getting a quick and cheap divorce?

Anthony M. Avery
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answered on Oct 25, 2023

There will not be nothing quick or cheap about your divorce. Hire an experienced attorney to get it going, which will include publication service. Abandonment ,may not be an option here, so grounds will be needed if the judge requires same.

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: How do I start a divorce if I haven’t seen or heard from my spouse in over 40 years.

I’ve also tried to find him and could not.

Anthony M. Avery
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answered on Oct 23, 2023

Probably need a private investigator to check thoroughly. Check SSA Death List also. Check with all known family members. You might talk a Chancellor into an abandonment ground divorce, which is almost impossible. Publication Service will be necessary in addition to whatever service attempts... View More

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: I been married 35 yrs if my husband has a power of attorney over without. Telling me does that hurt me in a divorce

He got his sister to be his power of attorney over him can that hurt me in getting half of his porperty

T. Augustus Claus
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answered on Oct 19, 2023

In Tennessee, a power of attorney granted by your husband to his sister typically doesn't directly impact property division in a divorce. Property division in divorce is based on equitable distribution principles, considering factors such as the duration of the marriage and contributions of... View More

1 Answer | Asked in Divorce for Tennessee on
Q: In TN divorce can the court order the sale of a home purchased by one party prior to the marriage and titiled only in

that party's name

Anthony M. Avery
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answered on Aug 10, 2023

Absolutely if the real property is in TN. The non-titled party claims the increase in value during the marriage is marital property.

1 Answer | Asked in Divorce, Estate Planning and Family Law for Tennessee on
Q: Does an executor of estate claim an "OR" car title in the state of TN when the person listed as OR is divorced?

My parent's have a car title with that states my father OR my mother. My father is passed away and divorced from my mother before he passed. My dad also payed off the rest of the loan on the Cadillac car in question after they were divorced and before he passed. Since I, the son, am executor... View More

Nina Whitehurst
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answered on Jul 20, 2023

As far as the County Clerk is concerned (that is who handles motor vehicle titles in Tennessee), upon learning of your dad's passing, they will consider your mother to be the owner. That is because it sounds like they never updated the title during the divorce like they (probably) should... View More

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: Wife left me on 7/7, I have a pension which began 7/1 of same year, does it need to be factored into divorce

She actually left me on 6/30, before my pension began. I have documentation proving the date of abandonment. I am trying to complete a quick and easy divorce by using the documents that are provided on the Tennessee government website. However, it states I cannot use these if I have a pension.

Anthony M. Avery
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answered on Jul 13, 2023

Hire a TN attorney to file the Divorce. Defendant may agree to IR Divorce, but if not you will need grounds. In a contested DV, she will discover the Pension property and claim it is marital property. If you cannot get her to agree to an IR DV prior to filing, you may not want to file the DV.

1 Answer | Asked in Divorce and Child Custody for Tennessee on
Q: Wife went behind my back and had mail forwarded and lied to her lawyer and said I was served when I wasn’t then a defaul

Default was filed without me knowing anything and the final decree was today and I had no idea until she text me

Anthony M. Avery
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answered on Jul 13, 2023

Hire a TN attorney to move to set aside the default judgment for cause.

1 Answer | Asked in Divorce for Tennessee on
Q: Been married 15 months, I am waiting for disability. Can I ask for support to move in a place and vehicle

He never fulfilled a promise, he was very controlling. I walked out after a violent out burst from him..I am now on streets.

Anthony M. Avery
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answered on Jul 13, 2023

As a spouse you can sue for spousal support. But since you left, you might lose. Talk to the domestic violence organizations.

1 Answer | Asked in Divorce and Domestic Violence for Tennessee on
Q: My husband and his family took all my jewels he even broke my berow and took silver,gold,cash worth 35 lakhs

He is jobless and took my jewels worth 35 lakh and has drinking habit and abuse me physically and mentally i am planning to divorce him he is jobless and doesn't cares home and daughter he not even pays fee and buys nothing to us he has one married sister he has a commercial house worth 1... View More

Anthony M. Avery
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answered on May 30, 2023

You should have called law enforcement. You might be able to file an Action To Recover Personal Property in General Sessions. Use TN terms only, not foreign. Otherwise you will need to file for a Divorce and have to prove grounds.

1 Answer | Asked in Civil Litigation, Criminal Law, Divorce and Immigration Law for Tennessee on
Q: Hello, if the husband discovered after his marriage that his wife deceived him and the law to come to America under the

America under the pretext of marrying him and divorcing five months after her arrival, what is the difference in the law or legislation in this matter?

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on May 26, 2023

Please finish your question since it got cut off

1 Answer | Asked in Divorce for Tennessee on
Q: Will a baby in a marriage affect a divorce

Wife is pregnant by someone else

Anthony M. Avery
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answered on May 26, 2023

Yes and it will have to be addressed. Husband is presumptive, legal father liable for support. Probably need a divorce for adultery and get a paternity test ordered.

1 Answer | Asked in Divorce for Tennessee on
Q: My husband is an alcoholic and is verbally and mentally abusive. Are these grounds for a divorce and do I need evidence?
Anthony M. Avery
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answered on May 26, 2023

You either need an agreement, or at least two witnesses that will testify that he is abusing you.

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: How much can I ask for after only 2 years of marriage to relocate. I have no money.

After 2 years of marriage, my husband wants a divorce. I have no money. Husband has about 300,000 in assets.

I want to make a small reasonable request so I can have money to rent me somewhere to live. I live in TN.

Anthony M. Avery
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answered on May 23, 2023

That short marriage does not give you an interest in his separate properties. Instead you should have your lawyer demand what you need to transition for the next five years, and not agree to an ID divorce until you get what you want. Without an agreement, he will have to prove grounds for the... View More

1 Answer | Asked in Divorce for Tennessee on
Q: Wife’s lawyer called asking me to come to office to sign papers. Didn’t even know she wanted a divorce.

Should I go to office to read papers or ask them to send them to me first since I have no idea what’s in them. She won’t even talk to me so I can’t get info from her. Don’t know if I need a lawyer or not.

Bennett James Wills
Bennett James Wills
answered on May 1, 2023

It would be a wise idea to consult with an attorney.

1 Answer | Asked in Divorce and Civil Litigation for Tennessee on
Q: Foriene Judgment in Texas

My wife and I were granted a Divorce in Oct 2021 In Illinois. She moved to Midland Texas, while I now reside in Tennessee. Since as a nurse, she makes a lot more money than me (retired) I was granted an alimony payment of 900 dollars per month based upon a 19-year marriage. According to my... View More

John Michael Frick
John Michael Frick
answered on Apr 4, 2023

It likely has to do with title to property.

For example, if she was awarded a motor vehicle in your divorce decree but the title registration was not changed before she moved, she might have recorded the decree in Texas so she could register the motor vehicle in her sole name in Texas.

1 Answer | Asked in Divorce, Family Law and Legal Malpractice for Tennessee on
Q: I want to know if I can sue my divorce attorney for all or part of the money I paid him because he did nothing for me.

I paid a divorce attorney in February 2022 to get a divorce, it went on for 11 months because my wife could not be found and, therefore was never served with papers. We made 1 court appearance and that was to get permission to run an add in the local paper. Soon thereafter, my attorney quit,... View More

John Michael Frick
John Michael Frick
answered on Apr 2, 2023

I assume the $1,000 does not include your filing fees, service fee, publication fee, or the ad litem’s fee.

Even then, $1,000 is awfully skinny to start a divorce case particularly if the attorney knew in advance you didn’t know where your wife is.

While you can sue, you might...
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