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Divorce summons

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Hoggy

Junior Member
What is the name of your state? Tennessee

I received a divorce summons nearly 2 weeks ago. We both want a divorce but we had agreed to stay married until the oldest graduated in another year. Then she files. Can I answer the complaint with my disagreements to the terms or must a lawyer do it? Thanks.
 


seniorjudge

Senior Member
Q: Can I answer the complaint with my disagreements to the terms or must a lawyer do it?

A: You can answer it yourself and say anything you want. The court may not listen, but you can sure say it.
 

Hoggy

Junior Member
Q: Can I answer the complaint with my disagreements to the terms or must a lawyer do it?

A: You can answer it yourself and say anything you want. The court may not listen, but you can sure say it.
So they will only listen if an attorney answers the complaint? Thanks for replying.
 

Hoggy

Junior Member
I have a consultation next week. I have never been in a courtroom so this is all new to me. Thanks for the advice.
 

mistoffolees

Senior Member
So they will only listen if an attorney answers the complaint? Thanks for replying.
Technically, no. You have the right to represent yourself (pro se). However, I don't recommend it (and it sounds like the other poster also doesn't recommend it) because too many things can go wrong.

My view is that if you wanted to represent yourself, you're going to need to spend countless hours learning something about the law, but you still won't know as much as a decent attorney who has spent his/her career there. Better to use those hours to get a second job or come up with the money some other way.

This is a very, very important matter that will affect you and your kids for the rest of your life - so do it right. If you absolutely can't afford an attorney, see if there's legal aid in your area or if a local law school can help. Or borrow the money. Or give up smoking or other expenses in order to pay for the attorney.

Just my personal, non-legal opinion.
 

Hoggy

Junior Member
Technically, no. You have the right to represent yourself (pro se). However, I don't recommend it (and it sounds like the other poster also doesn't recommend it) because too many things can go wrong.

My view is that if you wanted to represent yourself, you're going to need to spend countless hours learning something about the law, but you still won't know as much as a decent attorney who has spent his/her career there. Better to use those hours to get a second job or come up with the money some other way.

This is a very, very important matter that will affect you and your kids for the rest of your life - so do it right. If you absolutely can't afford an attorney, see if there's legal aid in your area or if a local law school can help. Or borrow the money. Or give up smoking or other expenses in order to pay for the attorney.

Just my personal, non-legal opinion.
Thanks and another question. We had orally agreed on some things between ourselves prior to her filing. In the summons the things she is asking for are totally opposite of our oral agreements. Any suggestions?
 

Bali Hai

Senior Member
Thanks and another question. We had orally agreed on some things between ourselves prior to her filing. In the summons the things she is asking for are totally opposite of our oral agreements. Any suggestions?
You ain't seen nothing yet. Get a lawyer.
 

mistoffolees

Senior Member
Thanks and another question. We had orally agreed on some things between ourselves prior to her filing. In the summons the things she is asking for are totally opposite of our oral agreements. Any suggestions?
Yes. See an attorney.

Nothing that you agree to has any meaning at all until signed off by the court. As far as the court is concerned, your verbal (or even written) agreement doesn't exist.
 

tuffbrk

Senior Member
Can anyone tell me in Tennessee does the answer have to be on a certain form?
So you're not going to obtain an attorney? IMHO, this is a big mistake. Pro Se is for recurring issues or to resolve little items after the divorce.

However, if you are choosing to do it yourself, take the time to google divorcelaw for TN...

Good luck!
 

Hoggy

Junior Member
So you're not going to obtain an attorney? IMHO, this is a big mistake. Pro Se is for recurring issues or to resolve little items after the divorce.

However, if you are choosing to do it yourself, take the time to google divorcelaw for TN...

Good luck!
I consulted with one on the low end of prices. I can't afford one.
 

OhWhatADay

Junior Member
I would check with the local Pro Se Office at the court to get started. They will usually help with figuring out which forms you need and help you complete them. I went to one Pro Se Office where they strictly adhere to the limits and was told, sorry - can't help you. I went to another and their policy is to help anyone because they realize the costs of hiring an attorney are beyond the means of many people. The income limits for Legal Aid and some of the other free / low cost legal assistance agencies can be prohibitive (IMHO). In my case, 125% of the poverty limit for 1 person was about $19,000 per year. There is no consideration for how much you're left with after paying more bills than before you or your spouse left, etc. It's frustrating and painful. Sometimes the money is just not there. In my case, I need a second job to provide enough money to live on because all but $100 permonth goes to bills now. I couldn't add a new bill for a skateboard! lololol!!! I am also a firm believer that an informed consumer stands a better chance. We pay lawyers because it's not all cut and dry, and the law consists of more than a couple of pages in a book. Reading the code / law for divorce in your area would still be a good idea. It helps to organize your own thoughts and prepare the information you share with an attorney. Good Luck!
 

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