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Ryan F. Fetters
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Ryan Fetters’s Answers

93 total


  • My spouse went back to his home country for almost a year, can I get an annulment?

    He left to find a job and live with his close family for almost a year. What can I do to not be stuck in this spouse-less marriage?

    Ryan’s Answer

    Attorney Bailey is correct. You may not be able to get an annulment with the facts you have stated. However, you should also know that the process for annulment is no faster than going through a divorce where one’s spouse has abandoned them. As attorney Bailey stated your best bet would be to simply file for divorce. I recommend you contact a local attorney and begin the process.

    Best of Luck.

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  • How can i get my case moved from FL to TN?

    i have been a resident of TN for 7 yrs now, along with my 11yr old son. i have shared custody with my ex in FL. for those 7yrs. The father has not seen his son in 4yrs for visitation, because my son has claimed he was abused during their last vis...

    Ryan’s Answer

    Jurisdiction for custody issues is typically where ever the child is living with the primary custodial parent. I recommend that you hire a local Tennessee attorney and file for modification of the parenting plan. The attorney can review the Parenting Plan and Final Decree of Divorce to properly advise you on how to proceed.

    Best of Luck.

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  • I am disabled due to Multple Sclerosis in a nursing home.My husband is seeing someone else & has ask for a divorce.

    he wants me to file first. What can I & how can I keep the nursing home & the state from getting any assects that I am awarded.

    Ryan’s Answer

    I recommend contacting a local estate planning attorney and discuss the possibility of setting up a special needs trust for any assets that you may receive from the divorce. If you can't find one locally to help you, Knoxville will be your best bet.

    That being said, it really doesn't matter who files first for the divorce; however, you may need to do so if you want to get divorced. You may be able to find an estate planning attorney that handles divorce cases or a divorce attorney that drafts special need trusts. Either way you will need to trust drafted and ready prior to the final decree of divorce being entered.

    Best of Luck.

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  • Can a custodial parent be ordered to relocate closer to a non custodial parent?

    I am the custodial parent of our children. We moved out of state after the divorce. My ex moved to a different state as well at the exact same time. Several months have passed and now he wants to see the kids more often and possibly get a court or...

    Ryan’s Answer

    You will not be required to move closer to your ex simply because he wants to spend more time with the children. However if he files a motion to modify the parenting plan requesting increased visitation with the children, it may be awarded depending on various circumstances particular to your case. Because you both have moved from the original jurisdiction, the court may require you to meet at a “halfway” point between your homes for the exchange or split the cost of transportation. Also, any additional days that he gets with the children will result in the downward modification to the child support.
    If he does not pay child support he will be in contempt of the order regardless of his reasoning. You may want to file a motion for contempt for failure to pay child support. Since you will likely end up in Court, I recommend you find a family law attorney to assist you in the matter.

    Best of Luck.

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  • I was awarded a percentage of my ex-husband's military pension. He is now receiving it. I filed for my percentag and was denied

    In divorce degree I was awarded 20 percent of ex-husbands military retirement. He is now receiving it, I filed papers for my share, and received letter telling my I was denied, because we were not married for 10 continuous service years. How can...

    Ryan’s Answer

    The court order is only the beginning and simply not enough to get you any money from your former spouse's military retirement account. There are specific documents that need to be completed and filed with the Defense Finance and Accounting Service before any funds will be distributed to you directly. I strongly recommend that you find a local attorney that handles military divorce and speak with them immediately. You may want to call Burton & McKinnish in Sevierville. I know attorney McKinnish has handled military divorce cases and may be able to help you. Her phone number is (865) 774-5515.

    Best of Luck.

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  • At what age can the children decide that they no longer have to go on visitation with the non-custodial parent? Heather TN

    he has not seen them in 5yrs. and today shows up to get them. They told him that they did not want to go he ofcourse calls the law and I was informed by the police that I would be held in contempt of court. How do you tell your kids that do not w...

    Ryan’s Answer

    First, you likely could have avoided this situation by requesting to modify the parenting plan four (4) years ago after he did not show up for visitation for an entire year.

    That being said, I recommend that you hire an attorney and file for an emergency hearing based on the fact that he has not seen the children for five years. At this point the children have no meaningful relationship with their father and depending on the age of your children, they may not even remember him. Hopefully the judge will grant the hearing and you can request supervised visits until the children and their father have established some level of trust where the children are not afraid to leave with him for the visits.

    Best of Luck.

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  • What can my fiancee do to obtain a divorce if their spouse is nowhere to be found?

    My fiancee got married in 2001 and separated from his spouse the same year. We are wanting to get married next year and in order to do that he needs a divorce. We have tried looking for her and have had no luck. We've searched the social networks,...

    Ryan’s Answer

    You will need to attempt service by sheriff at the last known address if it’s in the State of TN. If it's out of the State, you should attempt service through the Secretary of State at the last known address. When it comes back as unable to serve, you can then request service by publication. It's a simple process that any attorney will be able to handle for you. The process may vary due to local rules so it important to hire an attorney in your area to help you navigate the court system.

    Best of Luck.

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  • I need finacial help where do i turn i also need a divorce cheap

    i dont kno if i need to file bankrupticy

    Ryan’s Answer

    If your spouse agrees to a divorce and there is no property to divide (or you both agree on how to divide it) then the divorce would be uncontested. This type of divorce requires less time from an attorney resulting in less expense to the client. I recommend calling some local attorneys and asking how much they charge for an uncontested divorce. Also, if you are planning on filing for bankruptcy protection I recommend waiting until the divorce is complete. This will ensure that all your liabilities are included in the bankruptcy.

    Best of Luck.

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  • I have been married for 24 years, the youngest child is 13. Home maker and proof of my husbands disrespectful sales trips? Help!

    Stripper clubs for over 12 years, and tantrums daily. Passwords etc...Cronic liar and after two years of trying, along with marriage and personnel counselling, I have finally come to the conclusion I need the help to divorce. I am a home maker/dom...

    Ryan’s Answer

    I'm not sure what your question is exactly, however, you do have statutory grounds for divorce. I suggest you contact a family law/divorce attorney in Knoxville to assist you. Best of Luck.

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  • Where do I go to download the MDA with Minor children form? Our divorce/custody is in the state of Tennessee

    We are in the process of divorce/custody. The complaints and counters have been filed. I have completed my Discovery and waiting on her response. My attorney recommended completing an MDA. Need a free site to download the MDA form.

    Ryan’s Answer

    If you have an attorney as you stated in your comment you should have your attorney complete the MDA. If you choose to handle it yourself with a generic internet form you will likely spend more time and money later trying to correct mistakes that could have easily been avoided. I strongly recommend that you pay your attorney whatever he/she requires to properly represent you.

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