Responding to a motion for a more definite response and bill of particulars

[seekintennessee]

What is the name of your state (only U.S. law)? Tennessee

In my counter-complaint for divorce, filed pro se, I alleged adultery as grounds for divorce. In my husband's answer, his attorney moved the court to require that I file a more definite statement and a bill of particulars pursuant to Rule 12.05 of the Tennessee Rules of civil procedure, setting forth the facts relied on as grounds for divorce, with reasonable certainty as to time and place.

I'm lost.

Any help on the following questions will be appreciated:
How do I file a more definite statement in a Tennessee divorce case?
How do I file a bill of particulars in a Tennessee divorce case?What is the name of your state (only U.S. law)?

 

[mistoffolees]

Basically, you're going to need to provide evidence to support the claim of adultery - (evidence that is admissible in court, not hearsay). If you're going to represent yourself, you really need to read the rules of procedure. It is critical that you understand the processes used by the court if you want to have any hope of obtaining a fair result. If you're incapable of reading and following the rules of procedure, then you need an attorney.
Tennessee Administrative Office of the Courts
The one you need now is:
"12.05. Motion for More Definite Statement. — If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, the party may move for a more definite statement before interposing a responsive pleading. The motion shall point out the defects complained of and the details desired. If the motion is granted and the order of the court is not obeyed within fifteen (15) days after notice of the order or within such other time as the court may fix, the court may strike the pleading to which the motion was directed or may make such order as it deems just."


As an aside, some of the grounds for divorce in TN are rather interesting:
Tennessee Grounds for Divorce — DivorceNet

 

[seekintennessee]

Wow, that site is extremely informative! Thank you! And I had already filled out a rough draft of the response to his motion however included some dates and occurrences that I only knew of because he told me about them. I've since cut those out and will be sticking to the facts...which there are plenty. Marital counseling sessions, photos, emails and the mistress practically lives at the marital home now so witnesses are plenty, however I will be sticking with only two...I think the best evidence would be a retaliatory police report that he filed in mid August, where he references his "new girlfriend."

I hate that Tennessee is a fault state...I'd much rather this be based on irreconcilable differences. I wouldn't go as far as to say I have forgiven him of the act of adultery...but I honestly hope the pair walks off in the sunset together...and just leaves me alone.

Thanks for the site! I am still working on finding an attorney. Considering a divorce fund, actually!