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My husband has not answered my counter complaint for divorce that was filed in Oct. 2012, and nothing is being done on my case

Madisonville, TN |
Filed under: Divorce

My husband filed for divorce in Sept. 2012. I counter filed in Oct. 2012. We had an alimony hearing in November, but nothing has been done to finalize the divorce since then. My husband has yet to answer my counter complaint, nor has he answered the interrogatories sent by my attorney in November. I haven't even spoken to my attorney, since the alimony hearing in November, so I have no idea what's going on. He won't return calls or e-mails, and I'm at my wits end! This is ridiculous! We have no minor children, so other than dividing personal property and the normal financial divisions, there is nothing to be done. It's a simple divorce case. It has been almost 6 months since this started, and TN only has a 60 day wait when no minor children are involved. What can I do?

Attorney Answers 3


  1. You should contact your attorney, maybe schedule a meeting at the office to discuss a plan to get toward resolution. The 60 waiting period to which you refer is the time period required to get a final hearing IF all issues have been resolved and agreed to in a Marital Dissolution Agreement.

    The specific outcome of any legal situation depends on the particular facts and controlling law of that situation. My answer here is for the purpose of general information about how the law works and is not intended to create an attorney client relationship between you and me. If you have any question regarding your legal rights and remedies, contact a lawyer personally.


  2. As pointed out, you should start by contacting your attorney and maybe settingmupmamtime for a face to face meeting. If that does not work, you always have the right to terminate your attorney, take your file, and see another attorney.

    The 60 day waiting period is for a divorce based on irreconcilable differences where the parties have agreed to all the terms. Even then it is a minimum waiting time before the court can hear the case, not a maximum time before they can act.

    This answer does not constitute legal advice nor form an attorney client relationship. I am not your lawyer. If you have a legal issue in Tennessee you may contact me for a free consult.


  3. You should set up a meeting with your attorney to talk about moving things along or else find a new one. If your ex has not find an answer to your counter-complaint, an attorney could file for a default judgement. He/she could also be filing a motion to compel answers to the interrogatories.

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