Why Your Ex-Wife May Bring You Back to Tennessee Divorce Court
You’ve legally terminated your marriage, and now, you can put your ex-wife and past behind you – or so you thought. Months later, you receive a subpoena sent from your ex-wife’s lawyer to appear in court. What happened?
Before you do anything, contact a Germantown divorce lawyer to inform him of your need to appear in court. Then you can start to find out why your wife may be dragging you back into court.
Did you get a divorce decree?
Finalization doesn’t happen until you obtain a signed and approved copy of your decree. This important document is what severs your legal ties to your ex-wife and allows you to remarry. If there’s no decree filed with the local County Clerk or it was missing the signature of one of the spouses or the court judge, your wife can bring you back to court.
Either spouse can go to their county clerk’s office to request a copy of the decree for almost any reason. Your ex-wife may need to obtain a copy to change her name, remarry or resolve any joint account issues that you had while you were married. If she goes to request a copy of your decree and finds that it is invalid or missing, she may bring the matter (and you) back to court.
Is she seeking changes to an alimony or child custody agreement?
If your settlement involved a parenting plan, child support or alimony payments, it’s important to remember that these decisions are not permanent. Plenty of life factors can alter your ex-wife’s entitlements, and if something changes for her, it could mean a return to court for you.
Some of the common reasons your ex-wife may request a change to custody or support agreements are:
- she lost her job;
- she became seriously ill or disabled;
- your child developed a serious illness or other major expense; or
- she feels you are unfit to have custody.
Less common life events may make your ex-wife take notice and request changes to support agreements. If you sell any jointly owned property or come into any other sum of money that she believes she had some entitlement to while you were married, she may attempt to seek part of that payment.
When there is a financial reason for returning to court, it’s best to inform your lawyer first before answering any summons. You may not be legally bound to respond to the requests, and your lawyer can help you answer the official documents.
When You Truly Have to Return To Court
After you’ve received notice that your ex-wife is bringing another matter back to court, you should be on the phone to a lawyer immediately. Don’t answer the correspondence until your lawyer has reviewed it, and you should let him be your voice between the court and your ex-wife.
Not all requests to return to court may be valid, and your lawyer can determine whether you have to appear in court again or if whatever matter your ex-wife is bringing up may settle out of court. Sometimes, you can resolve changes to a custody or alimony agreement without going to court.
If you do have to appear in court again, your lawyer should be right by your side. Marriage termination can take months or even years to find a resolution, and even then, the matters of alimony and child custody can come back years later. Your lawyer will be your go-to resource for any future legal actions your ex-wife may bring.
Don’t Go to Court without a Lawyer
If at any point in your case you are required to appear in court, you should never go alone. You have the right to work with a Germantown, Tennessee divorce lawyer to help make sure you are making all the right moves and being treated fairly in the settlement process.
At the Miles Mason Family Law Group, PLC, our team is here to help you and your family through the marriage dissolution process with the highest respect and care. Our attorneys are professionals in both family law and forensic accounting. We focus on both the emotional and financial burdens you may face during this time. To schedule a confidential consultation, contact our office at 901-683-1850.
