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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 32338
Experience:  Began practicing Family Law in 1992
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I did not receive a notice from the court or my wifes attorney.

Customer Question

I did not receive a notice from the court or my wifes attorney. I called the clerk and master of sumner county, tn. I found out a motion for bifurcation has been set. I am not sure if I can make it and am scared it could be bad for me if I can not make it.
Submitted: 1 year ago.
Category: Family Law
Expert:  JD 1992 replied 1 year ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.I read your facts, is there a specific question with which I could assist?
Customer: replied 1 year ago.
Will I need to show up for the motion?
Expert:  JD 1992 replied 1 year ago.
Are they trying to bifurcate the granting of the divorce and the property division issues?
Customer: replied 1 year ago.
The last time I went to court. The judge stated if there weren't any reasons for us to be married then we could speed up the divorce and handle the child support matters later. My wife's attorney has made effort to ask for alimony. We've been separated since February 2013. I purchased/mortgage on a home July 2013. My wife has never lived in the home but has visited and has my warranty deed, in which, her name isn't on it. Is it possible for her to be granted the home? I went to jail June 2014 and was released September 2014. I had problems finding employment and am now close to getting my career back on track. That is the reasoning for the large gap in time. Is the a formal procedure for the lawyer to provide documentation for division of property if they decide to try and take my home, even though my wife has never lived in the home?
Expert:  JD 1992 replied 1 year ago.
No, there is no real procedure that is required to notify you and if you are representing yourself you are increasing the chances they will try and take the home. They can certainly try and take it if it was purchased while you were married although I have no way of knowing how likely this is.You probably want to file an objection to the hearing and/or a motion for continuance based on no notice. Realistically if you don't care whether it is bifurcated or not then it probably won't hurt to miss it but some judges get pissy if you don't show up and haven't filed anything.
Expert:  JD 1992 replied 1 year ago.
I've tried to answer this three times now and the answer keeps disappearing so if it is showing up on your screen multiple times I apologize.There are no specific procedural methods the lawyer has to go through to tell you they are going to ask for the house to be awarded to them. If it was purchased during the marriage then they can ask for it although I'm not sure how likely they are to receive it. I can tell you that if you are representing yourself the chances are much greater they will ask for it than they would be if you had a lawyer.As to the hearing, you should file an Objection to Hearing or a Motion for Continuance based on a lack of notice. If you don't care whether or not the case is bifurcated then it probably won't hurt for you to miss the hearing but some judges get upset if you don't attend hearings and didn't file anything.
Customer: replied 1 year ago.
The divorce is being handled in Tennessee. I live in Georgia and the home purchased here during our separation while my wife was in Tennessee. The court system in TN can have jurisdiction over property across state line?
Expert:  JD 1992 replied 1 year ago.
Yes, it has jurisdiction over the marriage/divorce and therefore jurisdiction over any property acquired during the marriage. The order from TN would be taken to GA and then "domesticated" in GA through the courts there.Many marriages have property that exists in more than one state and you don't have to file separate divorces in each one.I am about to step away from the computer for about thirty minutes but will be back after that so feel free to ask any follow up questions you have and I will answer them when I return.

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