Anyone familiar with divorce in Tenn? Any lawyers or someone with personal experience

Joeaksa · 10-17-2009, 08:57 AM

Not getting a lot of response on the first thread this so lets change it a bit. Looking for someone who has been divorced in Tenn and knows a bit about the procedure.

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Have a friend in Tenn who is about to go through a divorce and needs to find out some guidelines.

Would appreciate anyone having any experience in this situation getting ahold of us. Yes, he is a Pelican member and active 911 owner.

Thx,

Joe A

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Another bit to mention is that his wife is asking for a "civil divorce" of a 50/50 split of assets. They own about $500k in assets. Everything is paid off in full but now she wants to keep the house and land and do a "lease to purchase" to him. He is unfortunately unemployed right now and never been through this sort of thing.

As well he just found out that she has, without his knowing about it, pulled $5000 out of their joint bank account as a retainer. This strikes me as an awful lot of money for a retainer for a "no contest" divorce in Tenn?

Ideas?

porsche4life · porsche4life's Garage

Not familiar with divorce but it sounds like she is prepping to take him to the cleaners...

azasadny · azasadny's Garage

Al Gore?

Joeaksa · 10-17-2009, 10:45 AM

We could only wish but Al would have a problem as there is not another house that large in the state that he could move into!

Besides doubt that Al would lower his standards to a Porsche. Not enough room for a driver for him!

1990C4S · 10-17-2009, 10:54 AM

Quote:

Originally Posted by Joeaksa

This strikes me as an awful lot of money for a retainer for a "no contest" divorce in Tenn?

That is not a lot for a retainer.

Joeaksa · 10-17-2009, 11:04 AM

Quote:

Originally Posted by 1990C4S

That is not a lot for a retainer.

Thanks for the info, its things like this that he is looking to find out. I was thinking that for a no contest, no fault divorce that it was quite a bit of money. Could understand a lawyer on the East or West coast asking for this, but had not thought that Tenn was at this level.

There are no kids, nothing other than the property that they have both agreed to split in half. Been married about 10 years.

Thx,

Joe

TechnoViking · TechnoViking's Garage

I went through a divorce last year. We used a mediator and kept the legal costs down. The mediator can be a lawyer, with expertise in divorces and local law. He or she can draw up a contract that you both sign.

The fact that your friend's wife has already gone on the offensive is very telling. If he can talk her back from the edge, that would be good, but sounds like it may be too late.

My advice to your friend would be to pursue a mediation route if it is still possible at this point, keeping everything on the surface super friendly. Kill her with kindness.

Meanwhile get a lawyer on his side on the sly to review everything...just in case. (That's why I tell my married friends to have some cash on hand the wifey does not know about)

Work for peace, but have an action plan in place for all out thermonuclear war if it goes south.

Getting opposing lawyers up front can escalate things quickly, as it is in the lawyers' interest to fight over stuff. They'll be delighted to see you spend $200 in legal fees fighting over a $50 lamp

Figure at least 10 large, each, if they fight it out.

1990C4S · 10-17-2009, 12:24 PM

Under these conditions you would think two mature adults could split their assets and move on. Rarely happens though.

Lawyers are the big winners.

Joeaksa · 10-17-2009, 03:16 PM

Martin,

One of the two needs a lawyer and since she has retained one, he will have to as well. In my eyes, the biggest challenge is in the writing of the contract for the "lease to purchase" the property just to CYA. Something of this value and with all the legalese it would be silly not to have someone to at least look over the paperwork.

1990, agree and this was going smoothly until he was served with papers two days ago, then he found out about the $5000 retainer. To be honest, if she was really being difficult she could have cleaned out the account, which the last he knew had some $30k inside. So far that he knows of she has not done so but who knows when it comes to menopausal women.

nostatic · nostatic's Garage

Joe, my last divorce was amicable and we used a single attorney to handle the paperwork. There was no trial, very little drama. Legal fees were well over $5K, and the retainer was at least a couple $K iirc. $5K doesn't seem that out of line.

jhynesrockmtn · 10-17-2009, 03:59 PM

My divorce was amicable, we probably spent about $5k. The lawyer wanted that much for a retainer and I told him to stuff it. I gave him $1,000 and wrote checks as the account got down to less than $500. Ours was basically a mediated 50/50 deal but she was still advised to get her own attorney that reviewed the paperwork my guy drafted. Fun stuff :-(

1990C4S · 10-18-2009, 05:24 AM

Somebody I know is north of $200k in legal fees (combined) . Just a point of reference. And a reason to use common sense.