Marital Dissolution Agreement In Tennessee
In this case, the particular language of the MDA, which essentially provides that the agreement will be included in any divorce decision reached between the parties, is important. It was also used to distribute the couple`s property and award the maintenance prize to the woman. Shortly after filing the MDA in court, the wife`s lawyer filed an absolute divorce order that included the MDA in the final decree. The court approved and issued the order. Meanwhile, the woman hired a new lawyer to lift the decree, arguing that it was not the relief requested in the complaint and that she believed the husband was hiding assets that were not in the MDA. Under Tennessee law, a couple can file for divorce due to insurmountable differences. One of the requirements of this specific statute is that the parties enter into a duly concluded marriage dissolution agreement (“MDA”). In a recent divorce case, Hawkins v. Le-Hawkins, the Court of Appeal upheld an MDA that was executed while the woman`s request for separation without legal dissolution was pending. This case is a unique succession of events. In February 2011, the wife requested legal separation without dissolution of her husband. On January 25, 2011, the couple signed the MDA, which was prepared by the woman`s lawyer for the continuation of the legal separation. In Tennessee, the divorce agreement is called a marital dissolution agreement or “MDA.” The MDA contains the reasons for divorce, asset allocation and allocation, maintenance and other agreed terms.
Unlike cases where divorce is pronounced for debt reasons, there is little chance that a dispute will be necessary unless the court refuses approval of the dissolution agreement and the spouses cannot satisfactorily amend it. Similarly, couples who experience an uncontested divorce in Tennessee are not required to participate in mediation unless the court refuses their marital dissolution agreements or permanent educational plans. There is also a 60-day waiting period after the divorce – 90 days if there are unmarried minor children of the marriage – before it can be granted. In Tennessee, a marriage dissolution agreement, also known as an MDA, contains the information needed to end a marriage. The agreement gives the outgoing couple greater control over the divorce proceedings. This is a chance to reach a compromise on many of the issues that can quickly become the subject of heated controversy in court. As you can see, Tennessee`s innocent divorce system was specifically designed to avoid litigation and foster an amicable solution to problems, while providing ultimate judicial review to promote fair treatment of both parties and the well-being of the children of the marriage. The key to taking full advantage of this process is a thorough and comprehensive marriage dissolution agreement and a permanent educational plan. If you need help establishing a marriage dissolution contract or if you will not reach an agreement with your alienated spouse, contact us to make an appointment to discuss your options. When Tennessee courts interpret and enforce a contract, the first inquiry is the intent of the parties….