Question:

I was divorced from my wife in Tennessee seven years ago, and recently moved to Nevada. Now, she is coming after me for more money and trying to withhold my children. Do I need an attorney in Tennessee?

There is also a court date scheduled for February that I will be unable to attend, so is it possible to have that pushed back?

Answer:

With a Tennessee divorce decree and your wife still living in Tennessee, any alimony modification or enforcement should be handled in Tennessee. Since your wife is requesting additional alimony, she has the burden to prove that she needs it and that you have the ability to pay an increased amount.

Of course, this is only if you have a specific type of alimony ordered. Tennessee has four different types of alimony and each has their own rules on whether alimony can be modified at a later date and what the standards for that modification are.

We can discuss with you any options for a telephonic modification hearing, agreement or continued court date. Those options depend on more in-depth facts for your case.

During the consult, we will review your divorce decree and determine which set of alimony modification factors apply to you, if any. At that time, we can best advise your likelihood of success in an action either to decrease the alimony payment or prevent your wife from increasing it.

After we have been retained and reviewed your case in full, we have a policy of providing our clients with a legal road map of their case. That legal road map takes into account the game plan you and your attorney have decided upon in moving forward. That road map ensures that you understand the legal factors that affect your case.

Please consider my answer as general guidance with limited facts. Please give us a call to set up a consultation so that we can best strategize with you on how to proceed.

Remember, I am unable to provide you with anything more than tips on your situation, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in Tennessee and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.