Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2020

You should hire an attorney now for a divorce consultation. But yes, the other spouse can claim an equitable portion of the increase in value of separate real property since the marriage. I suspect that you have a larger problem: no grounds for divorce. Selling the house now, moving... View More

Violating a court order opens you up to potential criminal and civil contempt.

I would advise you to speak to your legal aid attorney about those risks so you can make a fully informed decision about whether to possibly risk 1) you going to jail for contempt of court, and 2) a court order... View More

The "parenting plan " form which is part of your divorce papers has a section on child support. The form has a section where the parties choose the date- In summary, you've got to review the divorce papers and see what they say. If the section was not filled out, generally court... View More

Your query is unclear. Consult local counsel to determine options.

The first question is why hasn't the car been refinanced pursuant to the divorce? If you and your ex are still on the note, then you are jointly/severally liable. To prevent further issues, get your name of the note to prevent further liability. Consult local counsel to best determine your options.

You can always proceed pro se. But you would be wise to hire counsel if your husband will not cooperate.

Uncontested means your spouse won't care about the 401k or you have agreed on the property split. But if you had the 401k before marriage, it is not marital property by statute and your spouse wouldn't ordinarily have claim to it.

I recommend you try Googling this. Another good option is to call several local attorneys and ask how much they typically charge. Keep in mind if either party later decides to contest anything that will make the case cost significantly more for both sides.

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 3, 2019

You must look at the Deed. You may own as tenants by the entirety or nothing. Is there a Deed of Trust? If so there may be no equity. If he owns home, then you will probably not be entitled to any appreciation in value either (very short marriage). You need to get copies of tax returns and... View More

To dismiss a lawsuit you would have to file a motion to dismiss and outline the reasons, factually and legally, why the case should be dismissed. You should consult with counsel to review the court file, pleadings, and other relevant documents to best determine how you could proceed.

Contrary to popular belief, under Tennessee law, the short duration of a marriage is not grounds ( a legal reason) for an annulment. An annulment is the procedure for having a marriage declared void/invalid because of some DEFECT in the marriage itself ( for example, underage parties, fraud or... View More

Probably not- you surely need a divorce, the problem is that in order for it to be "simple and uncontested" your wife must AGREE and sign paperwork. Your question says your haven't seen her in some time, so to get her to sign, you will have to find her and communicate. It's... View More

yes, I assume you a re talking about the forms put out by the Supreme court that say they ( the forms) can't be used if you have retirement benefits. The retirement benefits are not the problem, the problem is that dividing the benefits usually requires complicated court orders called QDROs (... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 7, 2019

You will have to file for Divorce under grounds of Cruel & Inhumane Treatment, and serve him. You need a competent attorney. Additionally you will need some type of witnesses to his conduct. Either he agrees or you put on proof of grounds, or no divorce.

You could consult with an attorney for more specific guidance tailored to your situation.

Generally, if a party disobeys a court order, then the aggrieved party can file a petition for contempt. The petition would be served on her and she would have time to respond. Then there would be a... View More

Impossible to answer without additional information; in a divorce in Tennessee, the judge is not bound by the labels or designations on title certificates, or deeds or signature cards on banks accounts. The classification of an asset as either "marital property" or "separate... View More

Custody is decided upon a lot of different factors. In theory, the answer could be yes. Practically? Probably not. But you should consult an attorney to assess your particular situation to make that determination. Without knowing more about your kids and circumstances, no one on a forum can give... View More

Get an attorney asap to help you with this. There may be several options, especially if there's pending litigation, such as court ordered therapy, injunctions, appointment of a guardian ad litem, etc.

Yes, you can get an agreed divorce without a lawyer, even if you own real property, but this is almost always an area of dispute ( since it is usually the parties biggest investment). Although your husband may not want the house, he may change his mind if he finds out he might be entitled to some... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 16, 2019

Both temporary and permanent alimony are probably not possible for either party from the Judge. However the parties might agree to it, which would be enforceable by the Court.