Legal Question in Family Law in Tennessee

Can his attorney file for us both? It is taking too long.

I am a resident of CA. He moved to TN 3 years ago. We have been legally separated for two years. The filing was done in TN. We are in complete agreement over the custody and visitation for our 3 children. We have been adhering to this agreement for 3 years. He has an attorney. I do not nor can I afford an attorney. Can't his attorney file the paperwork if I sign an approval form stating that I agree to it? I have taken the appropriate class that the 4th district court in Knoxville requested here in Santa Clara County. Why is this taking so long if we agree?


Asked on 11/14/06, 9:49 pm

2 Answers from Attorneys
Jes Beard Jes Beard, Attorney at Law

Re: Can his attorney file for us both? It is taking too long.

Yes, all you need to do is sign the paperwork for an agreed irreconcilable differences divorce, and his attorney (after a 90 day waiting period from the date the divorce complaint is filed) can get it finalized. Why his attorney might delay beyond that would have to be answered by that attorney, but it MIGHT be because you husband has not finished paying his attorney for the divorce.

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Answered on 11/15/06, 10:54 am
Dr. Michael A. S. Guth Tennessee Attorney at Law Assists Pro Se (without a lawyer) Parties

Re: Can his attorney file for us both? It is taking too long.

You can have an agreed divorce if both parties agree to the terms. You will need to file a parenting plan with the court. Have you prepared a Parenting Plan?

http://michaelguth.com/prose/freeadvice.familylaw3.htm

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Answered on 11/14/06, 10:37 pm


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