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IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE
August 28, 2012 Session LINDA M. PETTIGREW v. DENNIS A. PETTIGREW
Appeal from the Chancery Court for Hamilton County No. 09-0622 Hon. Jeffrey M. Atherton, Chancellor

No. E2011-02706-COA-R3-CV-FILED-NOVEMBER 15, 2012

In this divorce case, the Trial Court awarded the wife her attorney's fees as alimony in solido. The husband appeals this issue arguing that the wife's property settlement was such that she should pay her attorney's fees out of the property settlement. On appeal, we affirm the Trial Court.

Tenn. R. App. P.3 Appeal as of Right; Judgment of the Chancery Court Affirmed.

H ERSCHEL P ICKENS F RANKS, P.J., delivered the opinion of the Court, in which C HARLES D. S USANO, J R., J., and J OHN W. M CC LARTY, J., joined.

Phillip C. Lawrence, Chattanooga, Tennessee, for the appellant, Dennis A. Pettigrew. Robin L. Miller, Chattanooga, Tennessee, for the appellee, Linda M. Pettigrew

OPINION Background Plaintiff, Linda Pettigrew ("wife"), filed a Complaint for Divorce against defendant, Dennis Pettigrew ("husband"), and alleged irreconcilable differences. The Complaint stated that the parties' two children were grown, and that they had assets and debts that needed to be divided. She also asked for temporary and permanent support, as she had not been employed for many years, and also sought an award of attorney's fees.

A mediator was appointed, and the parties met but could not resolve their issues. The Court entered an Order for Partial Distribution of Marital Funds, stating that a hearing was held on the wife's motion, at which the parties announced an agreement on the motion, which the Court adopted. The Court ordered an advance of $500,000 from marital assets to the wife, and the Court directed the husband to select the assets to be liquidated to set aside the amount awarded. Ultimately, the award was made to the wife, after she had filed a Motion for Contempt upon the husband's refusal to comply with the Court's Order. Subsequently, the Court entered an Order on the wife's Motion for Temporary Support, Attorney's Fees and Expenses, and found that the wife needed funds to pay her bills and her attorney, and ordered the husband to pay certain bills, and to pay $19,046 in temporary attorney's fees, and that the Court would then determine at a final hearing whether this amount would be considered temporary alimony or an advance on the wife's share of the marital estate. Upon the trial of the case, the Court said it was reluctant to grant a divorce to one party or the other, because of their conduct, then declared the parties divorced pursuant to Tenn. Code Ann.

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