Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

I have a question about marital separation and divorce. I am…

I have a question...

I have a question about marital separation and divorce. I am in Tennessee. Can a lawyer from another state still answer my questions?

Lawyer's Assistant: Are there any minor children from the relationship? What is the custody situation?

We don't have any children

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Can a lawyer in another state answer divorce questions for my state?

Show More
Show Less
Ask Your Own Family Law Question
Answered in 2 minutes by:
8/2/2017
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 31,292
Experience: Attorney with experience in family law.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Because we are providing general information for educational purposes and not specific legal advice, a lawyer in any state can answer your questions. We cannot represent you in the divorce, but we can point you in the right direction.

Ask Your Own Family Law Question
Customer reply replied 6 months ago
Okay.

What questions do you have?

Ask Your Own Family Law Question
Customer reply replied 6 months ago
I own a home with my husband. I would like a separation and want to move out of the house because of emotional abuse. Do I have any rights in this case? Is it even legally possible for me to move out and he takes over the mortgage payment?

I'm sorry to hear about the abuse.

You're legally entitled to half of all assets acquired during the marriage, which includes half the equity in the marital home. If he wants to continue living there, the judge can order him to pay you half the equity and refinance the property in his name (to protect your credit). If he either can't afford to take on the mortgage himself or doesn't want to, the judge can order the house sold and the equity split 50/50.

Moving out doesn't give up your claim to half the equity, so yes, you're allowed to do that.

Ask Your Own Family Law Question
Customer reply replied 6 months ago
Also, if I move out and he ends up keeping the house, does he pay me half of the equity? And one more question, He has a 401k. I don't. Can we file for divorce without an attorney if he is planning to keep his 401k?
Customer reply replied 6 months ago
I live in Nashville, Tennessee

You're legally entitled to half the money in his 401(k).

A lawyer isn't required, but you may hire one to protect your interests and ensure you're getting what you're entitled to.

Ask Your Own Family Law Question
Customer reply replied 6 months ago
What about moving out of the marital home? Any advice there?

You're free to move out. You still get half the equity, and he'll have to refinance the loan to keep the house.

Ask Your Own Family Law Question
Customer reply replied 6 months ago
Can he make me continue to pay my half of the mortgage if I move out? I can't exactly abandon my duty to pay, right? We would have to come to some sort of verbal agreement that he would take over the mortgage payments?

As far as the bank is concerned, you're liable on the mortgage until it's paid off (or refinanced without your name). If you stop paying and he doesn't make the payments, they can foreclose and it will show up on your credit. That's why the judge should tell him to get the loan into his name only.

Once you're in divorce court, the judge can order him to make the full payments. Until then, the two of you would have to come to an agreement that he'll pay since he's the one who gets to keep living there.

Ask Your Own Family Law Question
Customer reply replied 6 months ago
That's what I thought. Also, how would we divide the property 50/50? Would we each take what we have paid for or just come to a verbal agreement on how to split it? That's if we don't have an attorney.

Most spouses divide their personal items like furniture, books, clothes, and household items among themselves. You can agree to each keep what you bought, or to each keep what you used, or to try to make sure you each get items of roughly equal value. Anything you agree to will usually be OK with the judge.

Ask Your Own Family Law Question
Customer reply replied 6 months ago
I really appreciate your help! This is informative. Do you have any advice about asking my husband for a separation (and that I would like to move out) and asking him to take over the mortgage? Or anything else about divorce or marital separation I should be aware of?

I'm glad I could help.

The main thing to keep in mind when asking for a separation is that he doesn't have to agree. You're not happy with the marriage, you can leave. But also, Tennessee allows you to file for divorce on the grounds of irreconcilable differences. You do not have to live separate and apart before filing. That means, if he won't agree to take over the mortgage, you could file for divorce and move for an order that the house be sold while the divorce is pending.

Please rate my answer positively to ensure I get credit for the time I spend helping. If you are on a mobile device, you may need to scroll to the right. Thank you.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 31,292
Experience: Attorney with experience in family law.
Verified
Lucy, Esq. and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 6 months ago
Okay, this is helpful. Thank you very much!

You're welcome!

Ask Your Own Family Law Question
Was this answer helpful?
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 31,292
31,292 Satisfied Customers
Experience: Attorney with experience in family law.

Lucy, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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.

LeeMichigan

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
My husband and I are going to separate and divorce. We are
My husband and I are going to separate and divorce. We are NH residents who plan to relocate to Ontario in the near future. How do I determine how much spousal support I'll be expected to pay? My husb… read more
LegalGems
LegalGems
Juris Doctorate
11,059 satisfied customers
I'm separated from my husband and planning to divorce I like
I'm separated from my husband and planning to divorce I like to ask some question about his retirement money… read more
Ray
Ray
Lawyer
Doctoral Degree
31,396 satisfied customers
My wife and I separated 2 years ago. In the divorce is she
Second opinion] My wife and I separated 2 years ago. In the divorce is she entitled to the earnings of my 401k since we separated?… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
18,672 satisfied customers
My wife and I are separating. She is trying to divorce me on
My wife and I are separating. She is trying to divorce me on grounds of adultery which are false, but has texting and Facebook messenger messages of me conversing with another woman that is an old fri… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My wife and I separated 2 years ago. In the divorce is she
My wife and I separated 2 years ago. In the divorce is she entitled to the earnings of my 401k since we separated? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,415 satisfied customers
Me and wife separated a year ago and separated our assets
Me and wife separated a year ago and separated our assets and did a Post nup agreement.Now we are ready to part company officially and we do not want to involve the lawyers. what is the easiest way to… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,691 satisfied customers
My husband and I are divorcing after 13 years of marriage. I
My husband and I are divorcing after 13 years of marriage. I understand I'm only eligible for the portion of his 401k during the time we were married, but how much (percentage wise) am I entitled to a… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,691 satisfied customers
I have a divorce pending in NY State. We have been separated
I have a divorce pending in NY State. We have been separated since 2005. My "husband" is still on my health insurance, though he hasn't had access to it in several years because he's had no insurance … read more
Ray
Ray
Lawyer
Doctoral Degree
31,396 satisfied customers
My daughter is separated and considering divorce. She would
Hello, My daughter is separated and considering divorce. She would like to know what, if any rights she has in a divorce proceeding as her immigration papers are not completed yet. She was living with… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,216 satisfied customers
If a business came into marriage is it part of the divorce
If a business came into marriage is it part of the divorce ownership n name never changed at marriage … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,332 satisfied customers
Husband and I are separated filing for divorce after first
Husband and I are separated filing for divorce after first of year. I hear that I can not lock him out as house is not mine yet. Even through we are joint owners of house does he still have the right … read more
Lucy, Esq.
Lucy, Esq.
Lawyer
31,292 satisfied customers
I would like to know what the commonlaw marriage divorce
I would like to know what the commonlaw marriage divorce rights are in Colorado. I have proof of commonlaw marriage. My husband pays for the house and my car. How will this affect my rights? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Divorce and custody Alaska. Wife filed for legal separation
Divorce and custody Alaska. Wife filed for legal separation and I responded changing to a divorce. Married 12 yrs with 3 kids. 6 yr old, 3 yr old and 11 months. Own a business and business is struggli… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
18,672 satisfied customers
I have just gotten a divorce and the separation of property
I have just gotten a divorce and the separation of property is coming up. My attorney never brought up the fact that my wife was having and affair. Can this be brought up at the trial for separation o… read more
Damien Bosco
Damien Bosco
3,677 satisfied customers
When a couple gets divorced, are you able to separate
When a couple gets divorced, are you able to separate without any person receiving any type of money or custody over something if both agree?… read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,415 satisfied customers
After seven years of marriage and a may be divorce I would
After seven years of marriage and a may be divorce I would like to know what amount of alimony might be due. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,619 satisfied customers
Advise for couple late 70's wishing to divorce or separate,
Advise for couple late 70's wishing to divorce or separate, best solution for handling finances … read more
Ray
Ray
Lawyer
Doctoral Degree
31,396 satisfied customers
Divorce/Separation/ Partition Agreement Questions: My CA
Divorce/Separation/ Partition Agreement Questions:My CA husband and I have physically separated after 14 years of marriage. Our arguments have been over financial issues. Instead of divorce or legal s… read more
socrateaser
socrateaser
1,031 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x