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Tennessee Military Law Questions & Answers
1 Answer | Asked in Military Law for Tennessee on
Q: i’m in the tennessee army national guard. i had a question about legal action on attending drill dates.

if i chose to stop attending my monthly drills, what legal action could ensue? i know since i’m not an active duty soldier it’s a state to state basis but am not able to find anything regarding the tennessee laws on the matter. thanks in advance!

Anthony M. Avery
Anthony M. Avery answered on May 17, 2022

You can be arrested for AWOL and Theft Of Property, as well as receiving a bad Discharge.

2 Answers | Asked in Criminal Law, Federal Crimes and Military Law for Tennessee on
Q: So if one decided to purposely go AWOL from the Tennessee National Guard, what penalty would they face besides discharge
Anthony M. Avery
Anthony M. Avery answered on May 4, 2022

It could be a Felony, or a Misdemeanor with alot of Restitution required. The Soldier should talk to his Commander and First Sergeant and take the Military penalty without criminal charges being filed. The Courts can be very rough on AWOLs. At least hire an attorney that knows the TN NG, as a... Read more »

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1 Answer | Asked in Military Law for Tennessee on
Q: When hunting while on military leave in the state of TN how do I check in or tag an animal?

2010 Tennessee Code

Title 70 - Wildlife Resources

Chapter 2 - Licenses and Permits

Part 1 - General Provisions


Anthony M. Avery
Anthony M. Avery answered on May 2, 2022

Go to the TWRA website. Your Leave Orders are necessary and most of it can be done on a smart phone.

1 Answer | Asked in Military Law for Tennessee on
Q: Discharged from the army. RE4 code/General under honorable conditions

I was kicked out in 2017. I Have tried everything to maintain a job. however due to the way my head works finding a job that fills the gap of wanting to be apart of group that stops bad people from doing bad things to good people is impossible for me. can’t be a cop, cia, fbi, or a contractor. I... Read more »

Jeffrey Liebenguth
Jeffrey Liebenguth answered on May 21, 2021

There is always some chance, but how much of a chance really depends on the totality of the circumstances in your case, including the reason for your separation. In order for your RE4 code to be changed, you generally first have to petition for your discharge (general under honorable conditions)... Read more »

1 Answer | Asked in Libel & Slander and Military Law for Tennessee on
Q: My military spouse had an affair with another service member. The individual attempted to slander my name can you help?

The individual vandalized their own property in Virginia where they reside the individual went so far as to leave a letter with my spouses name as if I left the letter and vandalized their property leading to an investigation and being questioned I have never seen or met this individual nor do I... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 8, 2021

It does not appear any libel jurisdiction exists in TN if VA is where it occurred. Contact a VA attorney for which there are several here on Justia.

1 Answer | Asked in Criminal Law and Military Law for Tennessee on
Q: My case has been sent over to the local Veterans Court. If approved, what can I expect? Can I get my charges dismissed?

I am a 62 y/o Veteran with no prior criminal record. Upon advice from my court appointed lawyer, who did not want to take my case to court.

Anthony M. Avery
Anthony M. Avery answered on Jan 22, 2020

Veterans' Court is a great privilege, so consider yourself fortunate. Many Courts dismiss the charges upon completion of the entire Veteran protocol. It will involve doing things other Defendants do not have to worry with. Your lawyer should answer your questions, but the important thing is... Read more »

1 Answer | Asked in Divorce and Military Law for Tennessee on
Q: Do I have grounds to file for a uncontested divorce?

My wife has moved to another state and has been gone from our home for more than 30 days and I can’t contact her. But she contacted my chain of command through a redcross message to get money from me.

Anthony M. Avery
Anthony M. Avery answered on Jul 16, 2019

No that is not grounds for abandonment. If possible get an agreed Irreconcilable Differences Divorce. Sometimes you can send papers through the Spouse's Family. Being in the Military has its own special

requirements, so you need a competent attorney to represent you now. This...
Read more »

1 Answer | Asked in Family Law and Military Law for Tennessee on
Q: Mother is refusing to bring child to father and stepmothers house on his visitation days bc he is with the military.

My husband has shared custody of his 5 year old son. He is in the Army and has been called away for training for the month. Our question is, is his sons mother allowed to keep him from coming over to our home with me (his step mom) and his baby sister while my husband is with the military? We have... Read more »

Marjorie A Bristol
Marjorie A Bristol answered on Apr 28, 2018

You need to consult an attorney. The law provides that a service member's family can still have access to the child during deployment.

1 Answer | Asked in Divorce and Military Law for Tennessee on
Q: Can my ex wife get a potion of my military retirement after she already signed the divorce decree waivering any claim?

The divorce was finalized and signed by a judge 2 years ago in 2014. The decree says" The parties shall each be awarded any benefits maintained in his or her name alone, and each hereby waives any claim they may have to the benefits of the other."

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Jan 9, 2017

Not enough info to answer- it depends on how much time has passed since the signing ( I assume the Judge has already approved it also). It also depends on whether there were financial disclosures made during discovery ( this probably involved lawyers). Have the decree reviewed by an experienced... Read more »

1 Answer | Asked in Criminal Law, Divorce and Military Law for Tennessee on
Q: I'm British, I married into the air force in the UK. 20 years later we got divorced in WV. He tricked me out of my share

Of the retirement. I know that the retirement was protected and he should not have been able to take it from me, we signed papers on base with the military lawyer when he retired that stated that.

There is a whole lot more to the situation but i need a lawyer who can sort this out!... Read more »

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Jan 3, 2017

You don't say in your question- but when was the divorce? Fraud ( misrepresentation) can be grounds for setting aside a court order, but there are strict time limits. Many lawyers offer a free initial consultation. You definitely need a lawyer, talk to more than one. This is not something you... Read more »

1 Answer | Asked in Family Law, Civil Rights, Juvenile Law and Military Law for Tennessee on
Q: Where can a 17 and 15 year old couple run away legally without any trouble?

We don't want it to affect our school or my chance in the marines

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Aug 8, 2016

If the question is "where, " then the answer is NEVER. A minor can't give consent. Rather than "run away" perhaps you should try filing a lawsuit asking the Judge to declare you (each of you will have to file separately) "emancipated." In other words, A Judge (... Read more »

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