Can you subpoena text messages in a divorce in Tennessee?


Sharing is Caring


Content of text messages can reveal any manner of transgressions. During a contested divorce, one party may request to subpoena the other party’s text messages to prove unfaithfulness, dishonesty about finances, potential danger to shared children, or many other grounds for divorce.

How much does a divorce cost in Knoxville TN?

The average cost of divorce in Tennessee is around $10,000 in attorney’s fees and about $3,000 in additional expenses. This is slightly higher than the national average. You can expect to pay around $17,000 if you have alimony or property division issues.

How much does a divorce lawyer cost in Tennessee?

On average, Tennessee divorce lawyers charge between $230 and $280 per hour. Average total costs for Tennessee divorce lawyers are $9,700 to $11,700 but are typically significantly lower in cases with no contested issues.

How much does it cost to get a divorce if both parties agree in Tennessee?

Each Tennessee county court charges a different filing fee, which generally falls into the $200-$400 range. In Knox County Chancery Court, the minimum filing fee for an Agreed (Uncontested) Divorce is $216.50.

Who pays for a divorce?

There appears to be a myth that the person being divorced (known as the Respondent) always pays the fees for a divorce, when in reality this is not the case in the majority of divorce cases. The person filing for the divorce (known as the Applicant) will always pay the divorce filing fee.

What is the waiting period for divorce in Tennessee?

Tennessee law requires a mandatory waiting period, beginning when the complaint for divorce is filed, before a divorce can be granted for any reason. In cases where the parties have no children, the waiting period is sixty (60) days, and in cases with children the waiting period is ninety (90) days.

Who pays for a divorce in Tennessee?

Thus, in many divorce cases, the court will order one spouse to pay the other spouse’s legal fees. If you intend to end your marriage, it is in your best interest to consult a skillful Tennessee divorce attorney to discuss whether your spouse may be responsible for your legal fees.

Who gets the house in a divorce in Tennessee?

Tennessee law considers each spouse’s separate property in determining property division. If one spouse has substantially more separate property, the other spouse is likely to be awarded a greater division of marital property.

Can I file my own divorce in Tennessee?

In limited circumstances, it is possible to get an “agreed divorce” in Tennessee without hiring an attorney. The Tennessee Supreme Court has approved divorce forms that, if properly completed, must be accepted by all Tennessee courts that hear divorce cases.

What can be used against you in a divorce?

Spending marital money on extramarital affairs. Transferring marital funds to another person before a separation. Spending unreasonable amounts on business expenditures. Selling marital assets below the market value.

Is Tennessee an alimony state?

In Tennessee, alimony law allows an award of support and maintenance to assist the economically disadvantaged spouse during or after divorce. The other spouse’s financial ability to pay support is important under Tennessee’s alimony law, too. Attorneys advise their clients on type, basis, and justification for alimony.

Is TN A 50/50 State for divorce?

The State of Tennessee is not a 50 50 (fifty-fifty) state for division of marital property in divorce. Tennessee is an equitable distribution state for property division in divorce but courts are required to consider a list of factors in determining which spouse receives what assets.

Can my spouse get copies of my text messages?

Obtaining a spouse’s text messages can ordinarily be done in two ways. One way might be to send a letter to the cell phone carrier, through an attorney, explaining the need to preserve text messages for a divorce case.

Can deleted text messages be retrieved?

If you simply delete a text, they are still available. And there are common forensics tools used by both law enforcement and civil investigators to recover them.

Are texts enough to prove adultery?

Yes, text messaging is now part of the modern world, but it can easily be used against you to prove that you were committing adultery, or that you have anger issues. Since these text messages can be interpreted in many different ways, it is best to keep texting down to a minimum during this time.

What is the best way to handle a divorce?

  1. Recognize that it’s OK to have different feelings.
  2. Give yourself a break.
  3. Don’t go through this alone.
  4. Take care of yourself emotionally and physically.
  5. Avoid power struggles and arguments with your spouse or former spouse.
  6. Take time to explore your interests.
  7. Think positively.

How quick can I divorce?

A divorce or dissolution will take at least 6 months to complete, even if your circumstances are straightforward. It might take longer if you need to sort out issues with money, property or children.

Is it better to be the petitioner or the Respondent in a divorce?

Q: Is it better to be the petitioner or respondent in a divorce? A: There is no advantage to being either the petitioner or respondent in a divorce.

Can I get divorced without going to court?

It is possible to get divorced without going to court, as long as your partner agrees to the divorce and the reasons why. However, it is still possible that you will need to go to court to decide what happens to money, property and children.

What is considered abandonment in a marriage in Tennessee?

Tennessee Code Provisions for Abandonment Under subsection 4, a spouse can file for divorce due to abandonment, defined as the “willful or malicious desertion or absence of either party, without a reasonable cause” lasting for a period of at least one year.

Do you have to be separated before divorce in TN?

Tennessee doesn’t require spouses to separate before divorce, unless a spouse files for a no-fault divorce based on two-year separation (as discussed above). But many spouses do separate before or during the divorce process.

Can a working wife get alimony?

Even though your spouse has a full-time job, they are still entitled to ask for spousal support. They can ask for support once a legal separation or divorce is filed with the court. If the judge deems it necessary, he or she can order you to pay spousal support even while your divorce is pending.

Does it matter who files for divorce first in Tennessee?

As in other states, Tennessee judges treat a petitioner and a defendant equally fairly. Therefore, officially, it makes no difference which spouse initiates a divorce. Yet, filing for divorce first in TN can bring several benefits that we will discuss below.

How do I get a free divorce in Tennessee?

  1. Both spouses must agree on all parts of the divorce.
  2. You and your spouse need to agree that you have “irreconcilable differences”
  3. One or both of you must have lived in Tennessee for the last six months or when the decision to divorce was made.

How much is alimony in Tennessee?

There is no precise formula for calculating alimony. The court uses its discretion and crafts a solution on a case-by-case basis. In that process, the court generally considers the ability of one spouse to pay; and the needs of the other spouse to whom temporary alimony is sought to be paid.

Craving More Content?

Maine Divorce Law Blog