Ambiguous Marital Dissolution Agreement Won’t Support Civil Contempt in Williamson County, Tennessee: Scobey v. Scobey

Facts: Husband and Wife settled their divorce after 20 years of marriage. Their marital dissolution agreement contained this paragraph 13: 13. Retirement/pension plans: Upon entry of Final Decree of Divorce, one half of the funds and assets in the T. Rowe Price Roth IRA account ending in #5830, styled in the name of Husband, shall be, […]

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ADR Commission Says Family-Law Mediators Cannot Prepare Legal Documents, Even When the Parties Don’t Have Lawyers

The Tennessee Alternative Dispute Resolution (ADR) Commission was recently presented with the following question: Is drafting a marital dissolution agreement or other legal document for presentation to the court by a Neutral in a mediation setting considered “participation as attorney” or is it considered an appropriate memorialization of a settlement agreement under Rule 31? On […]

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Alimony Recipient’s Cohabitation with Adult Children at Issue in Crossville, TN Alimony Modification: Schrade v. Schrade

Facts: During the marriage, Husband and Wife lived off the income from a trust fund and stock portfolio. When they divorced in 2008, the trial court approved their marital dissolution agreement, which provided that Husband would pay 35% of the income from the trust fund and stock portfolio to Wife as alimony in futuro. Notably, […]

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Marital Dissolution Agreement Upheld Despite Claims of Duress and Mental Incapacity in Blountville, TN Divorce: Richards v. Richards

Facts: Husband and Wife settled the issues in their divorce. At mediation they signed a marital dissolution agreement (MDA) that requires Husband to pay nonmodifiable alimony to Wife in the amount of $1000 per month for 48 months. It also divides the marital assets 52% to Husband and 48% to Wife. Shortly thereafter, Wife sent […]

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Enforcement Provision in Marital Dissolution Agreement Compels Attorney’s Fee Award in Rhea Co., TN Divorce: Panda v. Panda

Facts: After 26 years of marriage, Husband and Wife divorced. The trial court approved their marital dissolution agreement (MDA) that addressed the division of assets and debt accumulated during the marriage. Among other things, the MDA directed that until the marital residence was sold, Husband and Wife would equally divide the mortgage payment, insurance, and […]

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Division of Military Retirement in Murfreesboro, TN Divorce: Collins v. Collins

Facts: Husband and Wife divorced after 18 years of marriage. On the day the case was scheduled to go to trial, Husband and Wife entered into a written agreement signed by both parties and their lawyers where Husband agreed, in relevant part, to pay Wife $2100 from his monthly military retirement benefit of $3678. The […]

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K.O. Herston a “Top Attorney” for Divorce, Family Law, Child Support, and Adoption in Knoxville, TN

Once again, I am honored to have been selected by my colleagues in the Knoxville Bar as being among the best divorce, family law, child support, and adoption lawyers in Knoxville. CityView magazine explains: Each year, Cityview calls upon the members of the Knoxville Bar Association to determine which attorneys in East Tennessee are the best in […]

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Civil Contempt of Court Reversed in Nashville, TN: Aryan v. Aryan

Facts: Husband and Wife divorced in 2012. The trial court approved their marital dissolution agreement (“MDA”) in which Wife was awarded the former marital residence. Wife was ordered to pay the mortgage debt and hold Husband harmless from any debt associated with the property. Curiously, Wife was not required to refinance the debt solely in […]

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Court Divided On “Prevailing Party” in Nashville Divorce: Williams v. Williams

Facts: Husband and Wife executed a marital dissolution agreement (“MDA”) which was approved by the court and made part of their final divorce decree. The MDA awarded a piece of real property to Husband but required him to satisfy the mortgage debt within 90 days such that Wife would no longer be liable on the […]

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No Duress in Knoxville, Tennessee Divorce: Janoyan v. Janoyan

Facts: During their divorce litigation, Husband and Wife agreed up and signed a marital dissolution agreement (“MDA”) and parenting plan. Two weeks later, Wife filed a pleading indicating she wanted to rescind her previous agreement to the MDA and parenting plan. Husband subsequently filed a motion to enforce the agreements. At the hearing, Wife alleged she […]

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