Tennessee Divorce Legal Questions

My first advice would be to ask the lawyer you had for the divorce. Next, I'd say escrow refund is not proceeds. Those are funds you prepaid for taxes, insurance, etc. I would say since those were likely paid out of marital funds, the 'right thing' is to give him half. However, to answer your question, I would say an escrow refund is not, technically, procees of the sale.... Read More

if it is actually uncontested, meaning you have or can reach a written agreement about each and every single issue that might exist between you, it is sometimes possible to proceed without an attorney. If you are too smart to make that mistake, depending on the county and how many issues exist, you can probably get it done right for $2-5k.... Read More

The cost can vary greatly. Lawyers.com has some god research on this. Their survey says average attorneys fees for a divorce with custody issues ranged from $14-25k. If your custody case is particularly nasty, that can easily double. It's much better and cheaper to negotiate a deal, but it takes two to make an agreement.... Read More

The cost can vary greatly. Lawyers.com has some god research on this. Their survey says average attorneys fees for a divorce with custody issues ranged from $14-25k. If your custody case is particularly nasty, that can easily double. It's much better and cheaper to negotiate a deal, but it takes two to make an agreement.... Read More

I am unsure if the person with the car is your current husband or ex husband. If the car was purchased during the marriage, it doesn't matter whose name is on documents; the car is marital property and only the divorce court can deal with possession. If you purchased it before getting married, in theory it's your separate property, but still in most cases the police will send you to the divorce court for an order confirming your ownership before they will assist with recovery.... Read More

If you move and the other party does not file in Tennessee for six months, your plan might work. The problem is if you move without an agreement to Florida, and they go to a Court in TN and ask for an Order requring you to bring the children back to TN, they will probably get it. You might run into other problems as well.   If the last place you all live together as a married couple is TN, this is likely the correct state for a divorce.... Read More

A spouse's claim to real property acquired during the marraige is not tied to the deed. She could be not on the deed at all, and if the house was purchased during the marraige, or even before, depending on circumstances, she would have a claim to an equitable distribution of the home equity. The question of whether the deed needs fixing is a separate one. If it's not accurate, as part of a divorce I'd suggest getting that cleaned up so the title is clear.... Read More

You will need to file and serve an Answer to the Petition that was served with the Summons. Your Answer will need to be sworn. It can be as simple as going to the Clerk of Court with a piece of paper, neatly writing your response to each allegation of the petition. If you agree, write 'I agree." If not, write in short, simple terms that you disagree and the reason why. The short reason why. You don't need to put all your evidence or tell the whole story. Your Answer needs to be enough that a judge reading it can tell what the issues are, what your position is and what their position is. The Answer has to be sworn, which the Clerk of Court can do for you, or a Notary. You will need to serve a copy of the Answer on your spouse's attorney; their name and address is on the Summons and Petition.   If your ex has an attorney, you may or may not need one as well. If you agree with the Summons and Petition, that's pretty easy. If not, you may find you will not be able to effectively 'fight' your spouse's attorney without hiring one yourself. If you don't go hire an attorney immediately, you must at least file and serve an Answer within the time frame on the Summons, usually 30 days after service.... Read More

If you have decided that it's time for a Divorce, you can file on grounds of adultery. Unfortunately, it seems likely the home will be his sole property, but there are exceptions to the rule. In any divorce, you and your husband basically have to each decide whether you can come to an agreement you both can live with, or if you are going to have a judge sort out some or all of your issues. An agreement will save you time, many thousands of dollars, and a lot of heartache. However, you can't sing with someone who won't sing with you, and the courts and judges will decide things for you.  If your Husband is violent, you can and should file for an Order of Protection from Domestic Violence. That is something you can do without a lawyer, though certainly any lawyer will recommend you hire a lawyer if you have any way to. Also, in many cases if domestic abuse is present, Legal Aid will assist. I don't know their exact guidelines, but you are able to use a computer to find information, so I'd encourage you to research that option if you need it. An Order of Protection can at least make sure you have a house to live in, even if it's in your Husband's mother's name, while you sort things out. It can also help prevent him from bothering you duing a divorce process.... Read More

All defendants in a litigation must be served with process (receive a copy of the complaint filed against them).  A defendant is usually served with process in person wherein they are handed a copy of the complaint.  However, if you do not know where the defendant currently lives or works, then he or she can be served constructively by publication.  Constructive service of process by publication is done by running a notice in a local newspaper where the defendant last resided.  The notice must be run for 4 consecutive weeks and the cost will vary depending on the newspaper chosen.  Additionally, the plaintiff must have taken reasonable steps to locate the defendant before constructive notice will be approved by the court.  That includes but is not limited to, trying to locate the defendant through family members, known associates, known employers, and an internet search.   After the notice has run for 4 consecutive weeks, the defendant will have 30 days from the last day the publication to file a written response with the court.  If the defendant fails to do so, the plaintiff can be granted a divorce by defaulting the defendant.  A final judgment of divorce will then be granted to the plaintiff.... Read More

There are many factors that go into an alimony order. A twenty year duration is only one factor. You could be ordered to pay him alimony under some circumstances. Especially if your husband has higher income than you or controls more assets, a court will likely try to level the playing field. Lawyers who regularly handle divorces can advise you about alimony factors, distribution of assets and debts, and so on.... Read More

It sounds like your attorney met with you, drafted divorce papers, filed and served those papers, and has now spoken with your spouse’s attorney, and spoken again with you. That is not “nothing.” I would estimate a contested divorce involving a child could easily take 18 months to two years.  I know it’s frustrating, but things change when a party hires a lawyer that didn’t have one before. It’s almost like a whole new case. None of that sounds like your lawyer’s fault. As far as refund, your lawyer would be (possibly) required to return only unearned fees. For example, if you gave him $1500, and his rate is $250, and a divorce with child costs roughly $400 to file and serve, once he’s spent 4.4 hours, your fee is spent, and you would be owed no refund. The National average cost for a contested divorce is $15-20k. If you’ve spent some fraction of that, it’s likely not your lawyer’s fault if you have to spend more. Cost is a main reason people settle their differences.... Read More

 When your lawyer retired, he probably sent you a letter with a list of lawyers he suggested you contact to take over your case. In my experience lawyers don’t want to retire with an open file. Regardless, if you had a lawyer to start the case you will likely need one to finish it. Depending where it was filed, the court may be dismissing your case soon if it has been filed since 2016.  Depending on the grounds for divorce, the documents filed, and some other details, a lawyer should be able to pretty quickly tell you what is necessary to finish your case, but they won’t be able to do that without reviewing what has happened so far, paperwork wise. ... Read More

 A person cannot voluntarily sign their rights to a child away unless the child is the subject of an adoption action where the adoptive parents are also seeking to terminate that person‘s rights. If that is not the situation, a person cannot sign away their obligation to support a child. A parent cannot be required to visit, but they can always be required to pay. That does not mean there may not be aspects of your husband’s situation where an attorney could help, but he cannot just sign his rights away. ... Read More

If you were married when the home was purchased, then it is marital property, no matter how titled. You will need to deal with the house debt in the divorce. That does not mean you will have to pay it, necessarily, but it has to be dealt with properly. The fact it is only in your husband's name is not really important to a divorce court. ... Read More

Offcourse you are entitle to Alimony. How much and stuff you will need to consult with a family law specialist. Not all attorneys specialize in Alimony so do shop around for a competent Alimony Specialist. It is best to work with a Family Law specialist so Feel free to contact my office and speak with a case manager at 1 877-866-8665 or email help@smsattorneys.com to go over your options. Licensed in New York and New Jersey.... Read More

There are two possibilities in your situation. One your ex has attempted to apply for refinance and was denied. Most people do not understand that divorce court has absolutely no power to make banks, mortgage companies or anyone else who has a secured interest in your home refinance or made any sort of deal whatsoever. So if you're ex demonstrates that he did in fact attempt to refinance and was denied, there is really nothing that will happen after that point as the bank cannot be forced by a divorce decree to refinance anyone. Now if he has not attempted to do so, what you want to do is file a motion for contempt for him not following the divorce settlement agreement. At this point the judge will give him a certain amount of time in which he must attempt to obtain a refinance for the home and demonstrate to the court if it was approved or denied. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 http://massachusettslawyeronline.com/ #child, #support, #custody, #divorce, #lawyer, #attorney, #separation, #family, #probate, #alimony... Read More