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I am currently pregnant with our second child and have no job. What steps do I need to take to get a divorce?

Lenoir City, TN |

I have no job or no home to go to if we get divorced. We are renting and my family currently lives in Texas. My now husband is unaware of the steps I am taking for divorce. I would, however, like to stay in the home we are in until after my baby is delivered. After I will need financial help to get to where I need to move. He owns both cars and pays all finances. Where and what should I do from here?

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Attorney answers 3


You need to seek representation. Look for legal aid in your local area. The county bar association should be able to help you find resources. Go on the local court website and see if there are resources listed here. Law schools often have programs. Try to borrow funds from your out of state family to get a divorce case going.

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You need to begin by retaining an experienced divorce attorney in your area. You will need to file a Complaint of Divorce upon the filing an automatic temporary injunction comes down that basically puts a freeze on everything so that he can't transfer money or deny you access to the joint accounts. It sounds as if alimony will be in issue and the type and length will depend on the particular facts of your situation. Additionally, you may need to relocate as part of the divorce and you will need an attorney to advise you on a parenting plan regarding your children that will work for your family. You will be able to remain in the home and he will be required to continue to pay the bills while the divorce is pending and in Tennessee we have a 90 day waiting period before a divorce can be finalized so you will have at least that long, and most likely longer, to work with your attorney to come up with a plan for reintroducing you to the work force, custody and visitation schedules of your children and calculating child support. Divorce does not have to be a terrible process it may be painful but ultimately it is about trying to restructure your family in a way that is best for everyone involved. I wish you the best of luck through the process.

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The Court may not necessarily have jurisdiction over an unborn child. Talk to a lawyer who can ask the appropriate questions before going deeper with advice. You may consider removing yourself and the unborn child to a jurisdiction where your family can support you. Your first born child is subject to the jurisdiction that you have last resided in for six months. Many issues must be cleared in order to completely answer this question. Is domestic violence involved? Was the first child born during the marriage? Contact an experienced domestic lawyer and schedule a detailed consultation to determine the best nest steps. Good Luck and Hire a good lawyer!

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