Pro Se divorce with an Order Of Protection

[dustink86]

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

I live in Tennessee and I want a divorce. With my income I can only afford to do it pro se. Problem is, there is a child involved and an Order of Protection against my wife. The OP gives me custody and she has only four hours of supervised visitation a week. From what I understand, a pro se divorce has to be mutually agreeable with both spouses. Problems is, the only way she might agree is if she got more time with our son. Considering that goes against the OP, how do I go about this or is it even possible? I have spoken to legal aid of east tn and legal aid of middle tn and neither will help me. I really can't afford a private attorney, I just want to move on with my life.

 

[Ohiogal]

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

I live in Tennessee and I want a divorce. With my income I can only afford to do it pro se. Problem is, there is a child involved and an Order of Protection against my wife. The OP gives me custody and she has only four hours of supervised visitation a week. From what I understand, a pro se divorce has to be mutually agreeable with both spouses. Problems is, the only way she might agree is if she got more time with our son. Considering that goes against the OP, how do I go about this or is it even possible? I have spoken to legal aid of east tn and legal aid of middle tn and neither will help me. I really can't afford a private attorney, I just want to move on with my life.

A pro se divorce DOES NOT have to be mutually agreed upon. YOu can file yourself. Read the local rules for your county, the rules of civil procedure and see if your domestic relations court has forms available so that you can file.

 

[dustink86]

I relocated to avoid her. Will I have to file in the county where still lives and we were married/ also split up? Or do I file in my new county?

Thanks for the tip by the way

 

[Ohiogal]

I relocated to avoid her. Will I have to file in the county where still lives and we were married/ also split up? Or do I file in my new county?

Thanks for the tip by the way

You need to meet residency requirements for your county and file there. When you relocated to avoid her, did you tell her where HER son would be residing? Or is there a court order that states that you do not have to do so and makes your address confidential?

 

[dustink86]

Yes, the order of protection states my address is to be kept confidential from her because she threatened to burn my house down when she got out of jail after assaulting me and putting a knife in my face. Ah, marriage. I've been in the new county about seven months now.

 

[Ohiogal]

Yes, the order of protection states my address is to be kept confidential from her because she threatened to burn my house down when she got out of jail after assaulting me and putting a knife in my face. Ah, marriage. I've been in the new county about seven months now.

That should be more than enough time to file -- but you do have to serve her with the divorce papers.