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This will be the first year I have been able to claim her and I know it will make her angry and she will probably try to sue or something else my question is if it's in the divorce decree that we split years does she have any legal recourse and if she doesn't and the judge sees that she... View More 
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answered on Jan 14, 2021
Post Judgment Contempt Petitions are very possible. Hopefully you have read your Decree correctly. The IRS may give you trouble when you file. You should not have allowed this to happen, and when you do file with the dependent, she may claim it is the wrong year.
ATTORNEY’S FEES AND COURT COSTS: Each of the parties shall be
responsible for paying his or her own attorney’s fees and the parties shall split the court
costs in this cause for which execution may issue, if necessary.
I want to know if he is trying to make me pay for... View More
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answered on Jan 12, 2021
That is a pretty clear clause. Each party gets to pay their own lawyer. But payments for Court Costs are split between the Parties. Many times the Clerks will send out two bills, each for half the costs.
Since then we have purchased another house using all the equity from the first. Am I entitled to recoup the $75k when we settle the house during the divorce?
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answered on Jan 6, 2021
First you needs either grounds or an agreement to get divorced. In a contested case you need to be able to prove that you brought separate property into the marriage. The appreciation in value of marital property will be subject to a equitable distribution by the Court. The husband may claim... View More
And took kayaks that I had paid for and some of my belongings wouldn’t that be considered stealing
answered on Jan 5, 2021
Generally, property acquired during marriage is marital property. You each have equal rights to the property. Under this circumstance, seems that the kayaks are equally hers - so it wouldn't be theft. However, when you file for divorce, there's an automatic injunction that goes into place... View More
My husband and I have been separated since 2015. He has not attempted to contact his kids since 2016. He is over 28000 behind on child support and has a bench warrant out for his arrest that was issued 3 years ago and is still active. He's currently going to court for dwls and they still do... View More
answered on Dec 31, 2020
Your questions require legal counsel to work through some of the issues you have raised. The answers provided here are general in nature and not legal advice.
Foremost, yes there is a way to get divorced even if you cannot find your spouse. The biggest issue in your case at the outset is... View More
I have a mother in law that either has a drug problem or some mental health issues or both. She always brings us up in drama that she has created and won't stop contacting us even though she's been told to stop until she can act right. This has been going on for years and can not act... View More
answered on Dec 29, 2020
Thank you for your question. A way to keep your mother in law from contacting you is to file an order of protection. Orders of protection are civil orders granted in cases involving abuse, stalking (harassment is included in stalking for the purposes of an order of protection) or assault. From your... View More
To get papers from attorney so we can fill out so we can finalize the divorce
answered on Dec 18, 2020
Your question is not clear. Sounds like you need an attorney. Contact counsel near you for assistance on the divorce process.
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answered on Dec 18, 2020
Sounds like you really need an attorney. Contact the local legal aid department for help if you would have trouble affording counsel. There are resources available.
answered on Dec 7, 2020
Thank you for your question. Unfortunately, there is no simple answer. It really depends on what your goals and what you want to accomplish. Your divorce sounds like it may get complicated due to the issues you described (affair, marital home, children). I can offer some general information, but... View More
Wife left almost 4 yrs ago. Weeks before giving birth to our son. I was away on military orders. She moved to a different state had him and didnt put me of the birth certificate. Nor would she tell me where they were or even his exact birthday. She has just recently popped back up with a new baby... View More
answered on Dec 4, 2020
I recommend you consult with an experienced divorce attorney. My understanding of Tennessee law is child support cannot be ordered while parties are married unless there is a hearing where the Judge orders that in a divorce proceeding. The child support date would start the date the parties... View More
My husband filed for a divorce and got a order of protection. We want to reconcile and I want to make sure the protection order will be dropped.
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answered on Nov 27, 2020
No ... That is two different actions. And often two different Courts.
I live in TN. Currently going through a divorce and would like to move to Kansas d/t harassment by my parents. Does my ex have to agree to move if he is keeping our kids, I will provide him child support. Or am I free to move when I would like, without him agreeing?
answered on Nov 16, 2020
If there is currently a divorce action pending you should seek permission from the court if you cannot work out an agreed parenting schedule for the children that provides for specifics about when you and your kids spend time together. That said, you can move without an agreement but the court may... View More
answered on Nov 12, 2020
You have 30 days to respond to a complaint. But not knowing anything about the case, you would be very wise to hire an attorney to help you out.
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answered on Oct 28, 2020
Has your father filed for divorce or has his wife filed for divorce? If so, you can petition the court for a conservatorship over your father. If he is totally incapacitated, you would want a full conservatorship rather than a limited one.
was rebuilt using funds from joint insurance on the house and they have been married 16+ years. what is legal division of property?
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answered on Oct 28, 2020
It depends on various factors. It sounds like there might be transmutation but I am not sure on this little bit of information. Was there a mortgage on the home at the time of the marriage or not? Did the Wife contribute to the homeowners' insurance, mortgage (if there was one), home equity... View More
On the parenting plan. Until we go for the divorce after the holidays. Ornis the best thing to just go for divorce and put the parenting plan in that decree.
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answered on Oct 28, 2020
Yes, the court will require that a Parenting Plan for the minor children of the marriage be included in order to grant the divorce.
I put a downpayment of $46 000 on my house with my personal money
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answered on Oct 12, 2020
The Husband can claim an equitable division of the appreciation in value of the house since the marriage.
answered on Aug 26, 2020
Tennessee law does not have a specific statutory length of marriage requirement for things such as retirement benefits. The general legal rule is that retirement assets acquired before the marriage are separate property. Retirement assets earned during the marriage, and the appreciation of... View More
He was served over 30 says ago by a deputy sheriff in jail. I have filed all papers for the initial complaint including custody papers, the divorce certificate, the parenting class certificate, child support (which is zero because he's incarcerated for 15 years) etc...I'm just needing to... View More
answered on Aug 23, 2020
You can get an attorney and do it on your own. He/she will just have to draft all the appropriate documents, including but not limited to the Final Decree of Divorce and question you in front of the judge.
answered on Aug 21, 2020
If you didn't get your maiden name restored during the divorce, you will have to file a Petition for a Name Change and pay the fee.
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