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UnContested Divorce in Tenn.

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docdor

Guest
Tennessee - Can an uncontested divorce turn into a contested divorce without a refile? Can your attorney promise something to your "x wife" without asking you first?
 


ellencee

Senior Member
no; the uncontested divorce would have to be withdrawn and someone would have to file suit for divorce.
The attorney for the uncontested divorce could not represent the opposing parties.
As long as the attorney remains the attorney for both parties in the uncontested divorce, I suppose he, or she, could make promises to one party--like, I promise the $1,000 in savings will be divided equally into shares of $500 each.
What kind of promise are you talking about?
 
D

docdor

Guest
Uncontested divorce in Tenn.

Thank you for your reply. I was unclear -The husbands' attorney isn't shared by the wife. His attorney told him that the other attorney was faxing her some requests and she'd fax him as soon as she got it. Instead(the husband says) she took it upon herself(his attorney) to agree to whatever request they wanted. In this case it was the husband would pay the mortgage and give her an automobile.
I am perplexed as I was under the impression an attorney couldnot offer anything to another without getting the clients' approval. Am I wrong?
 

ellencee

Senior Member
Well--the husband hasn't signed off yet on the divorce and its terms; it's not unusual for attorneys to represent the interest of their clients in stuff like this. You can tell your attorney, or the husband can tell his attorney, that in the future be sure to let him have an opportunity to discuss any offers and ask the attorney to discuss this issue now, before it's finalized.
 
D

docdor

Guest
Uncontested divorce in Tenn.

Thanks again. If the husband changes attorneys- does the whole process have to start again? He filed in early December so his 60 days is almost up. Does the court contact them or do they have to have to file their division of property and agreed terms first and then wait 60 days?
 

ellencee

Senior Member
If husband changes attorneys, he'd better hurry. The court may allow him to change attorneys and the court may not. It may have do be a complete do-over.
He would be wise not to let any time expire on anything. The courts don't keep up with his time constraints, he and his attorney do.
 
D

docdor

Guest
Uncontested divorce in Tenn.

Thanks, I'm going to tell my friend the info you gave me!
 

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