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, […]

Read More

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 […]

Read More

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, […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More

Marital Dissolution Agreement Trumps Alimony Law in Memphis Divorce: Vick v. Hicks

Facts: 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 More

Failure to Modify Alimony Reversed in Knoxville Divorce: Stewart v. Stewart

Facts: 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 More

Cohabitation with Widowed Mother Leads to Termination of Permanent Alimony in Gallatin, TN Post-Divorce Dispute: Myrick v. Myrick

Facts: 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 More