My wife and I have both agreed to an agreed divorce. We have no children, assets. But I own a busine

N

Needalawyer271992

New Member
My wife is a W2 employee under a different company, I own a business as a sole proprietor and she is not involved with it. Nor does she want any portion of money from my business. We just want a quick and easy fast divorce.

But in the state of Tennessee, it says you will need a lawyer if you and your spouse own a business (together) but we do not. But there is a section of the agreed divorce paperwork where it asks "Do you or your spouse own a business? - Yes or No" and we do not know what to put. Yes I do own a business, but I do not own a business with my spouse. So should my answer be no? And if my answer is "Yes", does that mean I need to get a lawyer?

No lawyer I've called can answer this question without me paying them, and a circuit court will not provide me with the answer either because they're not lawyers. So any help to how to answer this will help us out a lot. Thanks!
 

Attachments

  • business question .jpg
    business question .jpg
    38 KB · Views: 0
  • agreed divorce form.jpg
    agreed divorce form.jpg
    269.7 KB · Views: 0
Zigner said:
See, the problem isn't that you need *a* lawyer to answer this. You need YOUR lawyer to answer this.
Click to expand...

Please not trying to sound like a jerk, but I have to hire a lawyer to know how to answer this one question on the agreed divorce paperwork?

This is the only question we're having trouble with. We have the divorce complaint paperwork and agreed divorce paperwork filled out and plan to go to the circuit court soon to submit it. Thank you for your answer to the main post I appreciate it.
 
Needalawyer271992 said:
But in the state of Tennessee, it says you will need a lawyer if you and your spouse own a business (together) but we do not.
Click to expand...

What is "it"?

Needalawyer271992 said:
But there is a section of the agreed divorce paperwork where it asks "Do you or your spouse own a business? - Yes or No" and we do not know what to put. Yes I do own a business, but I do not own a business with my spouse. So should my answer be no?
Click to expand...

Yikes..."Do you or your spouse own a business?" You told us that you own a business, so the answer must be yes.

Even if you did own a business together, there is no legal requirement for either of you to hire a lawyer. However, if neither of you has a lawyer, then one of you will have to figure this all out yourself. IMO, you should hire a lawyer for the sole purpose of making sure everything is done correctly.
 
Needalawyer271992 said:
But there is a section of the agreed divorce paperwork where it asks "Do you or your spouse own a business? - Yes or No"
Click to expand...

It doesn't say that. The part of the document you posted says:

"Does either you or your spouse own a business? Yes or no."

The word "either" should make the answer obviously "yes."

As for needing a lawyer, you shouldn't need one if you can figure out how to do everything properly.
 
Understand, that with small exception there is no "mine" versus "hers" in a marriage, only ours. While the business or real estate may not be titled in both names, and one person may be treating it as exclusive, except for certain cases like inheritances, and the like it all comes into play when it comes to the equitable distribution of the marital estate. Even if it somehow is separate property, it will often take a lawyer to assert that point.
 
It may be a good idea to hire an attorney and pay the fee but it is not required. The Tennessee statute provides for amending the settlement agreement at the hearing if both parties are present. So if there is some inequity in the agreement that the court wants changed it can be done right then and there.

(b) No divorce shall be granted on the ground of irreconcilable differences unless the court affirmatively finds in its decree that the parties have made adequate and sufficient provision by written agreement for the custody and maintenance of any children of that marriage and for the equitable settlement of any property rights between the parties. If the court does not affirmatively find that the agreement is sufficient or equitable, the cause shall be continued by the court to allow further disposition by the petitioner. If both parties are present at the hearing, they may, at that time, ratify any amendments the court may have to the agreement. The amended agreement shall then become a part of the decree. The agreement shall be incorporated in the decree or incorporated by reference, and such decree may be modified as other decrees for divorce.
https://codes.findlaw.com/tn/title-36-domestic-relations/tn-code-sect-36-4-103/
 
welkin said:
It may be a good idea to hire an attorney and pay the fee but it is not required. The Tennessee statute provides for amending the settlement agreement at the hearing if both parties are present. So if there is some inequity in the agreement that the court wants changed it can be done right then and there.

(b) No divorce shall be granted on the ground of irreconcilable differences unless the court affirmatively finds in its decree that the parties have made adequate and sufficient provision by written agreement for the custody and maintenance of any children of that marriage and for the equitable settlement of any property rights between the parties. If the court does not affirmatively find that the agreement is sufficient or equitable, the cause shall be continued by the court to allow further disposition by the petitioner. If both parties are present at the hearing, they may, at that time, ratify any amendments the court may have to the agreement. The amended agreement shall then become a part of the decree. The agreement shall be incorporated in the decree or incorporated by reference, and such decree may be modified as other decrees for divorce.
https://codes.findlaw.com/tn/title-36-domestic-relations/tn-code-sect-36-4-103/
Click to expand...
HOWEVER -
The OP apparently cannot use the streamlined procedures known as an "agreed divorce", and that is the reason for this thread.
 
I find nothing that would prevent OP from filing for an agreed divorce. The fact that he or his wife owns a business does not preclude the filing. He answers yes to the question (do you or your spouse own a business). If the court doesn't like how they agree to handle the equitable distribution of the business it can be changed by the judge at the hearing.

You should read the statute and what attorneys in Tennessee say on their websites about how it is handled.
 
welkin said:
The fact that he or his wife owns a business does not preclude the filing.
Click to expand...

Actually, the fact that either he or his wife owns a business DOES preclude them from filing using the Agreed Divorce forms.

That's what "If you do not meet these rules, you cannot use these forms" means (page 8 of the packet, link available in post #4).

Needalawyer271992 said:
No lawyer I've called can answer this question without me paying them, and a circuit court will not provide me with the answer either because they're not lawyers.
Click to expand...

So pay for an initial consult with a lawyer. It'll be less than a retainer fee.

I get that you don't want to waste money, but "penny wise, pound foolish" is an idiom for a reason. If your business is worthless and your wife would rather run to the hills than be saddled with an interest in this sinking ship, then yeah, it makes sense that you don't want to waste money that you don't have. But if the business is making a profit, especially if it is your primary source of income, then you are being foolish.
 

Share this page

Get a free case review from a lawyer
Back
Top