Cynthia Mariea Odle's Answers

TN Divorce-File a motion for court date??

In my above answer, I want to clarify that it is only illegal if a non-attorney paralegal is filling out and notarizing documents for you IF THERE IS NO ATTORNEY SUPERVISING HER/HIS WORK. I think it is clear to most of us, but I just wanted to be crystal clear on that point.

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If 1 spouse inherits a home from a deceased parent during a marriage, is the property equally divided if the couple divorces

The other attorneys have already given quite good information here. The only things that I think you should also be sure to have available when you visit your divorce attorney for the first time is clear documentation about the way the house was sold and the way "we" sold the house in "California." California has different laws than Tennessee, and it is quite possible that you might be helped by the way the the property and cash was handled there. You may have become a joint owner of the...

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What does it mean when a civil case has been 'idefinitely continued' and do I have any rights to bring closure?

"Indefinitely continued" just means that the case will not be set on the courts docket at any set time, but it also is not being dismissed at that moment. It usually means that the judge and/or attorneys realized that repeatedly appearing beforing the court was a waste of time for the moment, accomplishing nothing. Since the closing had not yet taken place, it might have been continued because there was no way to be 100% sure that the closing would take place; yet nobody wanted to have to...

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What are the options when the Judge in a child custody case appears to have a conflict of interest by knowing one of the parents

Ah, this is a terrilbly tricky question! So many times our clients think that we lawyers should just automatically ask the judge to recuse him/herself because the judge clearly knows the other side. What an attorney has to remember is that if the judge actually thought the judge had a confllict worthy of recusal, then the judge would already have recused. If the judge chooses not to recuse and you ask the judge to do so, you always worry after that if you have really messed up the case...

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TN Divorce-File a motion for court date??

I noticed how long this had been posted, how many times it had been viewed, and that not one attorney had dared to give any sort of answer to this question. That is because, just like the Court Clerk, should any attorney tell you how to do this, the attorney would be telling you how to practice law without a license. I am responding because I am in court in Nashville and see people attempting to do things for themselves that they will or should regret, but they often do not understand why....

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Should I pay off debt prior to filing for divorce?

Under these circumstances, I generally would not recommend paying off debt before filing for divorce. The divorce court in Tennessee will determine whether it is appropriate to require one or both of you to pay certain debts, and in what percentage, particularly if they were incurred for the medical expenses of your then minor children or due to the need to pay other necessities because you were doing something a court feels was appropriate under all the circumstances. While it is true that...

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My wife of 27 years wants a divorce. She says she will have me removed from my home if I don't leave. Can she have me removed?

Unless you have been physically violent with her or have made a credible threat to harm her physically, then no, she cannot remove you. HOWEVER, I must remind you that people do not always perceive reality the same, especially persons who have emotional or mental problems. I am aware of a case involving a man whose wife repeatedly went through such states, and he repeatedly soldiered through, much to his ultimate dismay. After many years, after consultation with a friend, she got an Order of...

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When a couple with children separate, neither parent supports children they live with multiple family members ,Who has custody?

In the state of Tennessee, if the couple were never married, the Mother has legal custody of children by statute if there has never been another legal order stating otherwise. If the parents were married, however, both parents have equal custody of the children until there is a court order stating that there is some different legal custodial/residential parenting time ordered. This is a very general statement and can be affected by orders in various courts that limit the access of one or both...

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Divorce and paying half of childs medical bills

This is completely dependent on the language in your divorce papers. Did it say " all necessary and reasonable medical bills" or just "medical bills"? Does it specifically mention some types of doctors? Also, who is the medical decision-maker in your parenting plan? There are some other facts from the situation that affect whether a dermatologist bill is covered and you are required to pay one-half the bill. A judge will look at all factors and they would be taken into consideration,...

Blackmail, harassment, cheating, extortion and fear...A divorce from Hell

You say some key things - like "he THOUGHT I had signed the mda" and I have emails from him authorizing me to have this card. I do not have enough facts to know all the answers here, but it sounds like you need to get back to Tennessee and start taking care of your business. You are being accused of stealing money, so you better take care of proving you did not do that. That would seem good enough proof not to sign much of anything until you had an attorney in the local area in Tennessee...