Yes, postnuptial agreements are valid under TN law. As many with other legal documents of significance it is wise to notarize them and have witnesses sign that they witnessed the signing of the document.

I recommend you consult with an attorney. Most attorneys that practice family law are... View More

A split custody arrangement is possible under Tennessee law. I do not see what your exact question is. I recommend if you have questions about a potential divorce case, that you reach out to an experienced family law attorney for a consultation. Many attorneys offer free consultations for potential... View More

Depending on your county it can be pretty quick. You can hire counsel or there are forms available on the Tennessee Supreme Court's website that you can do a divorce. The papers must be on file at least 60 days before you can get a hearing. Some counties will even let you waive a hearing.... View More

Generally speaking, in the State of Tennessee, marital property is divided, but separate property is not. All of the property is identified, classified and valued. Tennessee is an “equitable distribution” state, which means that once the property is classified as marital or separate, the... View More

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answered on Aug 6, 2020

This issue has to with the Divorce Judgment which you have not stated. The property is probably still titled in you and your former spouse's name. You and your brother can make an offer to the ex now for both cash and assuming the debt, which he may or may not take. If he does, get a deed to... View More

I would suggest that you immediately get an order of protection from the police department so that he cannot be around her. The next step is to hire a competent local attorney to file a Complaint for divorce. Once that is done, he/she can get and order of protection with the court. With regard... View More

You don't have an obligation to sign papers that you are not comfortable with. However, if your Husband has filed a Complaint for Divorce against you, then you do have an obligation to have the Complaint answered. I would consult immediately with a competent local divorce attorney. If you... View More

I would contact your local Legal Aid Society. I'm not sure where exactly you are in Tennessee, but the folks in my area (Bradley County) use Legal Aid of East Tennessee. If you cannot find a Legal Aid Society, I would contact your local Bar Association and ask for lawyers that are doing pro... View More

You can file a Complaint for Divorce and pursue without him signing anything. That is done all the time.

I would not recommend handling a divorce without an attorney. Even though it looks like it is simple at this point, in my practice, over 50% of divorces turn into contested divorces.... View More

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answered on Jul 7, 2020

If the wife does not agree to the divorce then you have to put on grounds. That is also a lengthy marriage, so the possible division of marital property may be significant. Hire a competent TN attorney.

Once a Complaint for divorce is filed, you have 30 days to Answer the Complaint. If you do not Answer, the opposing party can file a Motion for Default Judgment. If this is the case, you should retain a divorce lawyer to file an Answer and a Response to the Motion for Default Judgment, if... View More

It depends on whether your divorce is filed in Circuit Court or Chancery Court. You can't just file a Permanent Parenting Plan unless there is a divorce action begun with a Complaint. I would consult a local divorce lawyer.

No. Permanent Parenting Plans are subject to agreement of the parties unless the other party cannot be found.

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answered on Jul 3, 2020

It appears the Wife dissipated separate property of the Husband, probably in violation of a

Statute. She might even be criminally charged for Theft. If the firearm goes to someone else other than the Husband, there is no violation of the firearm disability.

Try calling the local bar association, or the judge should be able to appoint one for you.

In every divorce in the State of Tennessee, which involves children, there should be a Permanent Parenting Plan (PPP). On page 8 of the PPP, it provides as follows:

(1) The right to receive from the other parent, in the event the other parent leaves

the state with the minor child... View More

You talk about your divorce in your question. Have you filed for divorce? If you have, then I would talk to your attorney about how to proceed. If you have not filed, then I would get an attorney and file as soon as possible.

We can't tell you what an attorney will charge for a divorce, because attorneys will charge different prices based on their view of the circumstances. I doubt that the fact that he is in jail will significantly change the overall price, because we are used to scheduling appointments in jail... View More

If you filed for divorce, had him served and he has not answered, then yes you can amend your complaint by filing an amended complaint for divorce. If he has filed his answer, then you must file a motion with the court to amend the complaint. If you have an attorney, then the attorney can do this... View More

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answered on May 25, 2020

You will have to file a Petition To Establish Paternity. All interested parties must be joined. I recommend you file in Chancery. One of the things you are trying to get the Court to do is to order the issuance of a new Certificate of Birth.