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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 11728
Experience:  Licensed Texas General Practice Attorney
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My wife has told me to leave our home and not return on a number

Resolved Question:

My wife has told me to leave our home and not return on a number of occasions. I have left before and returned and we have tried to work things out. However, we both feel our relationship is not able to be "fixed" and we have both decided we need a divorce. She kicked me out last week for the final time and I have not returned home. She is now saying she is going to fight in the divorce process and is not willing to agree to split. I don't know what steps to take in order to get this process started. Should I be the one to file first? How long will a divorce take? We do not own anything together; we rent our home and I am willing to give her anything we have purchased together (furniture, appliances, etc.) The only thing I want out of this is my truck, which is in both of our names. She can have everything else. Is there any way to divorce without getting a lawyer and trial involved?
Submitted: 1 year ago.
Category: Family Law
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Can you tell me if you have any minor children?

ScottyMacEsq :

Did you see my follow up question to your issue?

ScottyMacEsq :

Since I have not heard back from you, I'll try to answer it to the best of my ability.



In Tennessee, there are two types of divorces: uncontested, which is usually irreconcilable differences, and contested, which requires proof of grounds for divorce.


With a contested divorce, that means the parties cannot agree and must go to trial. The grounds for a contested divorce are:



  • Adultery;

  • Habitual drunkenness or abuse of narcotic drugs;

  • Living apart for two years with no minor children;

  • Inappropriate marital conduct;

  • Willful or malicious desertion for one full year without a reasonable cause;

  • Conviction of a felony;

  • Pregnancy of the wife by another before the marriage without the husband’s knowledge;

  • Refusal to move to Tennessee with your spouse and living apart for two years;

  • Malicious attempt upon the life of another;

  • Lack of reconciliation for two years after the entry of a decree of separate maintenance;

  • Impotency and sterility;

  • Bigamy; and

  • Abandonment or refusal or neglecting to provide for spouse although able to do so.

ScottyMacEsq :

So if your wife cannot agree and would contest it, you would need to show one of those situations. If you don't have any minor children and cannot show any other grounds, you would need to live apart for 2 years. That's two years uninterrupted, not cummulative, so it would start running from the last time that you moved out.

ScottyMacEsq :

It is absolutely possible to file without a lawyer, although it does become more difficult when she would contest it.

ScottyMacEsq :

I would suggest going to the library and checking out a book on self representation, and you can also generally find the forms that you would need to file at the library (you should ask the librarian if they have access to any online legal form databases, which most libraries do). This would be the most cost efficient way of doing this.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

I'm sorry for the late response. Yes, we have a 7 year old daughter

Customer:

I did not see a follow up question

ScottyMacEsq :

That was it. Did you see my entire answer?

ScottyMacEsq :

In that situation, you're probably going to need to have a court order of maintenance / support AND no reconciliation for 2 years. 2 years is still the magic number when there's no other reason to sue for divorce (as stated above). It just gets a bit more complicated because of the child custody and support issues, and if that's contested as well, that's going to be a complicated case.

ScottyMacEsq :

Did you see the multiple paragraphs that I wrote before your response?

Customer:

I did, thank you. What would be my next step? If I file for divorce and she agrees, court and lawyers won't be necessary?

ScottyMacEsq :

Court is going to be necessary, but a formality, and only one party really needs be present. The judge would still need to sign off on it. But if she agrees, the 2 year waiting period does not need to be part of it. The forms can still be found at the library (or online). There are also lawyers that will prepare an uncontested divorce package for around $100-$200 (check the phonebook or do a Google search for your area and uncontested divorce). If she agrees, it's a relatively easy process.

Customer:

Ok, wonderful. Thank you so much.

ScottyMacEsq :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

ScottyMacEsq :

Did you have any other questions before you rate this answer?

ScottyMacEsq :

Are you there? Please note that I am still here, awaiting your response.

ScottyMacEsq :

Should I continue to await your response, or may I assist the other customers that are waiting?

ScottyMacEsq :

Hello?

ScottyMacEsq :

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time (~35 minutes) and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, XXXXX XXXXX luck to you!

Customer:

I am sorry. I do not have any further questions at this moment but I feel I will later. I will be happy to rate this and will reply once i speak with my wife. thank you again

ScottyMacEsq :

You can rate it now and if you have any further questions, you can ask any follow up questions afterwards without starting a new question.

ScottyMacEsq :

There might be a slight delay depending on if I am in the office or assisting other customers or not.

Customer:

will rating it end this conversation though?

ScottyMacEsq :

For the time being, but it will switch to Q&A and you can ask follow up questions there as they arise (at any time... I've received follow up questions a year after a customer has rated it and I do my best to answer as soon as possible in those situations).

Customer:

so I will not be charged another fee?

ScottyMacEsq :

That's correct. Note that I can only answer follow up questions in the same scope as the original question, so if it's a question outside of the scope of that original question, you would need to ask a new question (which would incur a new fee). But if it's in the same scope, then no additional fee would be needed.

Customer:

ok wonderful. will submitting my rating close this conversation?

ScottyMacEsq :

Again, for the time being, yes. You can ask follow up questions afterwards, but it does close it out and allow me to assist other customers.

Customer:

how will i be able to open it and ask further questions

ScottyMacEsq :

You can come back to this URL (http://www.justanswer.com/family-law/7ykzn-wife-told-leave-home-not-return-number.html) or come back to your "My Questions" page on JustAnswer.

ScottyMacEsq :

Was there anything else?

ScottyMacEsq :

(for the time being, that is?)

Customer:

ok! thank you. I'm sure we will be talking again soon.

ScottyMacEsq :

You're welcome. If there's nothing else right now, please rate this answer. Please note that I don't get any credit for the time (~45 minutes) and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, XXXXX XXXXX luck to you!

Customer:

i will rate now...excellent service. Thank you again!

ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 11728
Experience: Licensed Texas General Practice Attorney
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