Legal Analysis and Commentary
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 […]
Read MoreOnce 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 […]
Read MoreFacts: At the time Husband and Wife divorced, each had a retirement account with the other listed as the beneficiary. They executed a marital dissolution agreement that provided, in relevant part: Each party agrees to waive any interest he/she may have in the other party’s retirement. Wife agrees to waive any interest she may have […]
Read MoreFacts: Husband and Wife divorced after 21 years of marriage. At the time of divorce, Husband and Wife entered into it a marital dissolution agreement (“MDA”) that required the marital residence to be immediately listed for sale. The MDA allowed Husband to occupy the marital residence until it sold. The MDA provided: If the house […]
Read MoreFacts: After 24 years of marriage, Husband and Wife divorced in 2005. The trial court approved their marital dissolution agreement (“MDA”), which provided in relevant part: ALIMONY: Husband shall pay to Wife, as transitional alimony, the sum of $8000 per month for a period of sixty (60) months, and thereafter, Husband shall pay to Wife, […]
Read MoreFacts: 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 […]
Read MoreFacts: 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 […]
Read MoreFacts: 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 […]
Read MoreFacts: Husband and Wife were divorced by agreement. They entered into a marital dissolution agreement that contained an alimony provision under which Husband agreed to pay Wife “transitional alimony” for 60 months. Notably, this alimony provisions stated “[t]he alimony shall not be modifiable by either party.” The alimony provision in the marital dissolution agreement read […]
Read MoreFacts: Husband and Wife obtained an agreed divorce in 1997. Their final decree of divorce contained the following provision: The wife shall receive custody of the parties’ four minor children and the husband shall receive liberal visitation subject to his and the children’s schedules. The husband shall pay support equal to 46% of his net income, […]
Read MoreFacts: At mediation, Husband and Wife settled their case and agreed to the terms of a marital dissolution agreement (“MDA”). The alimony provision of the MDA provides: The Husband agrees to pay to the Wife as alimony in futuro the sum of two thousand ($2,000.00) dollars per month, until the Wife dies or remarries, until […]
Read MoreFacts: The parties were divorced by agreement in 2011. Their Marital Dissolution Agreement (“MDA”) provided for alimony, stating: Wife is economically disadvantaged as compared to Husband. Husband shall pay Wife alimony at the rate of $929.00 per month, beginning August 15, 2011. Said alimony shall continue for a period of eight years. The following year, […]
Read MoreFacts: The parties were divorced by agreement. Their Marital Dissolution Agreement provided, in relevant part: “Husband and Wife expressly certify and acknowledge they have entered this Agreement upon mature consideration, that they have each fully disclosed all of their assets, and that all of said assets have been distributed herein.” The trial court incorporated the […]
Read MoreFacts: Husband, an Army officer, and Wife, a schoolteacher, were divorced after Husband learned of Wife’s extramarital affair. Husband withheld the fact that he knew about the affair until the parties’ mediation. When Wife was confronted with evidence of her affair at the mediation, the parties had a private conversation. No agreement was reached during […]
Read MoreThis article from Obermayer Family Matters might be of interest to readers of this blog. Roommate Romance: Why You Should Have A Cohabitation Agreement So you’ve been dating for a while and you’re ready to take the next step…no, not the BIG PLUNGE. Marriage is DEFINITELY on your mind but first you want to take […]
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