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RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 40118
Experience:  30 years as a family law lawyer .
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Crisel i want to divorce my wife of 34 years

Customer Question

***** ***** crisel i want to divorce my wife of 34 years she has had dementia for 3 years,severe for the last year,,she is in a nursing home in ashland city tn.
JA: Thanks. Can you give me any more details about your issue?
Customer: would love to have her back,,,ain't happening,,she is 78 i am 53 i know but she was a wonderful wife and would want me to move on
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Submitted: 1 year ago.
Category: Family Law
Expert:  RayAnswers replied 1 year ago.
Hi and welcome to JA. Ray here to help you tonight. You would file for divorce here.The court likely appoints a lawyer for your wife and see if you can reach agreement on property and any other issues.It is possible to do this but you will need a local lawyer and it may take a bit longer here. You certainly have the right to divorce and no one will judge you.No fault divorce allows you to just claim irreconcilable differences and seek a fair division of any assets. Lawyer for you here,Tennessee Nashville Bar Association LRSNashville, TN Phone:(###) ###-####ounties Served: Davidson, Sumner, Rutherford, Robertson, Williamson, Cheatham, WilsonMeets ABA Standards for Lawyer Referral Knoxville Bar Association LRISKnoxville, TN Phone:(###) ###-####ounties Served: Knox, Knoxville, Anderson, Blount, Sevier I appreciate the chance to help you and wish you the best.
Expert:  RayAnswers replied 1 year ago.
In Tennessee, if divorcing spouses have minor children a divorce cannot be granted for at least 90 days after the Complaint for Divorce is filed. This is referred to as a “cooling off” period. If the parties do not have minor children, a divorce can be granted 60 days after the Complaint for Divorce is filed.
Expert:  RayAnswers replied 1 year ago.
Here in Tennessee, filing a “Complaint” begins the divorce lawsuit process. The person who files for divorce first is Plaintiff. Sometimes this is called a Petition for Divorce.Tennessee requires that certain statistical information be disclosed in a Complaint for Divorce. The Certificate of Divorce, a form processed by the state of Tennessee, must also be filed.After the Complaint is filed, the Clerk of Court issues a Summons. For a lawsuit to begin, both the Complaint and Summons must be served on the other spouse. Certain requirements for service must be met or the divorce may not being granted. Generally, in Nashville (Davidson County), Franklin (Williamson County), or Memphis (Shelby County), a Sheriff’s Deputy or a private process server will serve the Complaint and Summons on the other spouse. A new way of serving process is by mail. In your case the court will appoint a lawyer for your wife to represent her.
Expert:  RayAnswers replied 1 year ago.
Tennessee is an "equitable distribution" state, the marital property shall be divided in an equitable fashion. Equitable does not mean equal, but rather what is fair. The court will encourage the parties to reach a settlement on property and debt issues otherwise the court will declare the property award.If the parties cannot stipulate to a property settlement, the court will distinguish between what is to be considered separate and marital property. Separate property will consist of the following: (1) acquired prior to marriage; (2) by gift or inheritance; (3) in exchange for any separate property, or (4) obtained from income or appreciation of separate property, if the other spouse did not contribute to the preservation and appreciation. The marital property will consist of the following: (1) any property acquired during the marriage by either spouse; (2) any increase in value of any property to which the spouses contributed to the upkeep and appreciation; and (3) any retirement benefits.The marital property is divided by the court, without regard to any marital fault, and after a consideration of the following factors: (1) the contribution of each spouse to the acquisition, preservation, appreciation, or dissipation of the marital property, including the contribution of each spouse as homemaker, wage-earner, or parent; (2) the value of each spouse's property at the time of the marriage and at present; (3) the economic circumstances of each spouse at the time the division of property is to become effective; (4) the length of the marriage; (5) the age and health of the spouses; (6) the vocational skills of the spouses; (7) the liabilities and needs of each spouse and the opportunity of each for further acquisition of capital assets and income; (8) the Federal Income Tax consequences of the court's division of the property; (9) the present and potential earning capability of each spouse; (10) the tangible and intangible contributions made by 1 spouse to the education, training, or increased earning power of the other spouse; (11) the relative ability of each party for the future acquisition of capital and income; (12) the employability and earning capacity of the spouses; (13) any social security benefits; and (14) any other factors necessary to do equity and justice between the spouses. (Tennessee Code - Volume 6A, Title 36, Sections 36-4-121)
Expert:  RayAnswers replied 1 year ago.
If you can leave a positive rating it is much appreciated.Thanks again.