How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask LawHelpNow Your Own Question

LawHelpNow
LawHelpNow, Attorney/Lawyer
Category: Family Law
Satisfied Customers: 7593
Experience:  Relax. Let's work together. Practical solutions.
6761470
Type Your Family Law Question Here...
LawHelpNow is online now
A new question is answered every 9 seconds

I would like a complete list of pleadings that should be filed

Customer Question

I would like a complete list of pleadings that should be filed on a divorce case with children and property in TN.
Submitted: 1 year ago.
Category: Family Law
Expert:  LawHelpNow replied 1 year ago.

Hello Alex,
Is this a contested case or an uncontested case, please?
Thanks!
Ben, J.D.

Customer: replied 1 year ago.
Uncontested. We agree on all the terms of the divorce, the parenting plan, the settlement agreement, etc. She has signed a waiver of hearing and it has already been filed, as well.
Expert:  LawHelpNow replied 1 year ago.

Hello again Alex,


My name is Ben. I'm a licensed attorney. Glad to try and help out.

In addition to a family law litigation practice (actual "full blown" representation of clients), I've also had much experience with "bundled" legal services to pro se (self-represented) divorce litigants. So, as long as your kit follows this sort of outline, you should be in good shape.

Alright, here you go, as follows:

Complaint

Waiver of Service/Hearing

Marital Dissolution Agreement

Parenting Plan

Final Decree

That's the size of things, actually, as the Tennessee agreed divorce process is quite streamlined. If it looks short and simply, that's because it is, in all candor. In the event of contested litigation, especially involving Discovery and Mediation, this list could be way longer (and I do mean much longer).

One more thing, just in case you ever need it for reference, here's a great (free) resource:

Tennessee Supreme Court Approved Divorce Forms

If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me.


I truly hope all works out for you.


Take care,


Ben, J.D.

Customer: replied 1 year ago.

Thank you, Ben.

So, I have filed all of those, but I want to make sure that the pleadings that I used (kind of a "fill in the blank" type of collection) will satisfy the judge. Here is what we have:

Complaint - In my packet it is called "Petition for Divorce"... will that work? This document contains info about my wife and myself, the facts about the marriage, a summary of the parenting plan and support order, and the requests pertaining to the actions petitioned - name change, etc.

Financial affidavit for both petitioner and respondent - not in your list, but gives a summary of our monthly income and expenses.

Declaration of Jurisdiction under the Uniform Child Custody Act - Also not in your list, but states the presiding court has jurisdiction to determine custody, etc.

Parenting Plan - we've included all details of visitation and custody in this document, including a statement of rights for each parent and the statement that we will share custody. I've also included the Child Support worksheet with this filing.

Marital Settlement Agreement - we've included details about how all assets will be divided in this document, including houses, car, and cash settlement of my 401k plan.

Final Decree - not yet filed, waiting for our hearing, but it contains a summary of the entire affair.

Also, I filed on 1/31/13... what is the soonest I can request my hearing date, and how far out from the request date should I expect the hearing to be?

Expert:  LawHelpNow replied 1 year ago.
Hello again Alex,
Thanks for writing back...great to hear from you!
You're quite welcome...my pleasure entirely to be of help!
Sure, logical questions each one, and I'm glad to expound.
First, if I may, just as a general comment, the real "guts" or main points of an uncontested divorce (no way around them) are: (1) Complaint (starts the case); (2) Final Hearing (either attendance or a valid waiver -- sometimes called a "show up" -- not an adversarial proceeding, but certain basic requisites must be placed on the record in terms of residency requirements and so forth); and (3) Decree (ends the case). It's the "in-between" where all of the hassle and drawn out litigation proceedings can take place in a contested case.
Now, turning to your latest post, I'll take your additional questions in the order presented to try and stay organized, as follow:
(1) "Complaint - In my packet it is called "Petition for Divorce"... will that work? This document contains info about my wife and myself, the facts about the marriage, a summary of the parenting plan and support order, and the requests pertaining to the actions petitioned - name change, etc."
Yes, absolutely. These terms are interchangeable and sometimes even Judges and lawyers mix it up a bit. Just for a simple example, in Texas most everything (in terms of starting a case, most any sort of case, not just a divorce) is a "Petition", whereas in California it's a "Complaint". To be precise, the Tennessee Statutes do use the word "Petition", which is rather common in the more Southern States. If the program allows, just change the word from "Complaint" to "Petition".
(2) "Financial affidavit for both petitioner and respondent - not in your list, but gives a summary of our monthly income and expenses.

Declaration of Jurisdiction under the Uniform Child Custody Act - Also not in your list, but states the presiding court has jurisdiction to determine custody, etc."

Yes, both of these make sense and represent more modern innovations. In some jurisdictions they are quite mandatory in every case, whereas in others there's more leniency. In Tennessee, the emphasis is on the information over necessarily the forms. The law actually spells out the required contents of a Petition here: Tennessee Code §36-4-106. By using these two documents you'll cover both bases in terms of financial data and custody. I would go ahead and use what the packet provides.

(3) "Parenting Plan - we've included all details of visitation and custody in this document, including a statement of rights for each parent and the statement that we will share custody. I've also included the Child Support worksheet with this filing."

Yep, sounds great. Right on track.

(4) "Marital Settlement Agreement - we've included details about how all assets will be divided in this document, including houses, car, and cash settlement of my 401k plan."

Yes, again, that sounds just right, nothing of concern.

(5) "Final Decree - not yet filed, waiting for our hearing, but it contains a summary of the entire affair. Also, I filed on 1/31/13... what is the soonest I can request my hearing date, and how far out from the request date should I expect the hearing to be?"

Yes, that's the correct procedure. It's quite simple. The Judge will ask you a handful of simple standard questions, no "traps". Just things like confirming the date of the marriage, the number of kids, that you do want the divorce, how long you've lived there, etc. Thereafter, the Judge signs your Final Decree, and you're done. Generally it's quite literally a five minute or so procedure. Judges are quite used to pro se divorce parties and will typically put you at ease and just walk you right through the process. With minor, unmarried children the minimum waiting period between filing the Petition and the Final Hearing is 90 days. You can go ahead and request your date right now for as close to the 90 day mark as the Docket will allow in terms of scheduling.

Hope that helps some more and that all goes smoothly!


Kind regards,
Ben, J.D.
LawHelpNow, Attorney/Lawyer
Category: Family Law
Satisfied Customers: 7593
Experience: Relax. Let's work together. Practical solutions.
LawHelpNow and 9 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you so much for your help. You've given me peace of mind about this process and my execution of it so far. I will happily contact you again if I need more guidance. Thanks again!
Expert:  LawHelpNow replied 1 year ago.
Hello again Alex,
Thanks for writing back..great to hear from you!
You are most welcome..my pleasure entirely!
Thank you for the kindness of your favorable rating! It makes my day to know that my answers have been helpful to you. I do thank you so much for taking the time to express your appreciation with such kind words.
Hope you have a great weekend!
Best regards,
Ben, J.D.
Expert:  LawHelpNow replied 1 year ago.
Hello Alex,

I enjoyed working with you recently.

How are things going?

Is there anything else I can do to help?

Please just let me know.

Thanks!

Ben, J.D.
Customer: replied 1 year ago.

Good evening, Ben.

So, here is one more little twist to throw into the works of this whole situation. We've already stated in the divorce documents that my soon to be ex is not pregnant. If we were to find out that she was indeed pregnant (not by me, BTW), what is my obligation before court and according to the law when it comes to the final hearing and the divorce decree? Let me know what you can, please... thanks for your help, and I hope you are enjoying your evening!

Alex

Expert:  LawHelpNow replied 1 year ago.
Hi there again Alex,
That's an interesting twist, and it's actually something I've encountered -- not every day, but a time or two -- and the answer is a simple one. A party does have an affirmative duty to amend the pleadings to reflect a pregnancy. When you appear for the final hearing, it will also be mentioned. It certainly doesn't stop the divorce or anything like that, but anything you've filed saying "not pregnant" does need to be corrected to reflect the truth (if there is indeed a current pregnancy).

Kind regards,
Ben, J.D.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney
 
 
 

Related Family Law Questions

Chat Now With A Family Lawyer
LawHelpNow
LawHelpNow
Attorney and Counselor at Law
1159 Satisfied Customers
Relax. Let's work together. Practical solutions.