While awaiting Discovery process, is there anyway to petition the court for reduction in the current payment of spousal and child support to reduce my financial strain?
answered on May 26, 2022
You can file a motion to modify if circumstances have changed enough to warrant a modification. Consult local counsel to determine your options.
We married in 1994. We both have been unfaithful (she had three or four kids outside of the marriage, I had one). We have been separated physically since March 1998. She has on a couple of occasions indicated that it is time to end this, but now that I am officially seeking to end it, she refuses.... View More 
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answered on May 25, 2022
She is contesting the Divorce. You will need to file a suit upon grounds for divorce, and serve her. I recommend you hire an attorney to see it through.
Property inherited prior to marriage. Has been refinanced with both names on deed. Mortgage payments have been paid from joint bank account. Married almost 20 years. How would property be divided in divorce?
answered on May 9, 2022
Since it's been refinanced and your spouse added to the deed, the court will likely say that the asset is sufficiently commingled that it is marital property subject to equitable distribution.
We both have lived in the home since day one.
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answered on Apr 15, 2022
It is very possible that you are not the owner. And if not, you may only have a possessory interest as a homestead, if that. Hire a competent attorney to conduct a title search and determine ownership. Title Insurance rules wanting both spouses to sign is not law nor legally required.
answered on Mar 25, 2022
Until an unmarried father petitions for and is eventually granted custody rights, the father has parentage obligations to keep the child safe and provide financial support but has absolutely zero parental or custodial rights.
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answered on Mar 16, 2022
If the Subpoena was served on you, then it is a valid Subpoena Duces Tecum. If served upon a third party, then they can move to quash, but they will probably honor it. Besides this is a Divorce Case, so one way or another you will have to provide bank statements, etc., even at trial.
My decree states: Absent a material change in circumstance that would warrant a reduction or termination of alimony, the alimony continues for so long as his salary stays the same and either: the period expires or the wife remarries.
answered on Mar 16, 2022
Your husband should still be required to pay for alimony as long as you don't remarry. Rehabilitative alimony is usually used for an economically disadvantaged spouse to acquire additional education or training so that they may achieve a standard of living similar to what they had during the... View More
And my spouse doesn't report it .what happens when the car loan is paid off?
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answered on Mar 7, 2022
You can be held in Contempt. But if the loan is satisfied, then it is over and the Order is mute.
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answered on Mar 7, 2022
No
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?
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.
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... View More
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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... View More
I live in Wilson county Tennessee. It’s an agreed divorce but need lawyer to do paperwork to finalize the divorce with a house
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... View More
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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... View More
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?
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... View More
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.
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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,... View More
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?
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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.
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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... View More
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?
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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.
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... View More
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