Legal Question in Family Law in Tennessee

Getting a separation

My husband and I are both good people individually, i.e., no addictions, abuse etc., but we fight terribly. We have a general dislike, disrespect for eachother. He will NOT leave the house until either a trial separation or divorce can be worked out. And he can't seem to be civil & mature enough to get along for our kids sake. I want him OUT. It is getting so bad for our daughters age 4 & 2. I would leave in a second, but they need to stay in their home until things can be permanantly resolved. Can I get him Out. He works, makes all the money, lost of money. I stay home. I have no access to enough money to take my kids and go anywhere. Please give me some advice as to what my first step should be. There is no hope for this marriage, that is out of the question.


Asked on 1/17/04, 5:04 pm

1 Answer from Attorneys
Marc Reisman Rosenblum & Reisman, P.C.

Re: Getting a separation

If there is no hope for the marriage as you say, you have no choice but to contact an attorney. Once a complaint for divorce is filed you may ask the court to award you exclusive posession of the marital residence pending the final decree. Some judges will grand such a request and some will not. It sounds like you should reasonably be able to request temporary support once the case is filed.

I wish you the very best of luck.

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Answered on 1/19/04, 12:03 pm


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