Divorce
Sample Marital Dissolution Agreement for Tennessee Uncontested DivorceThe procedure for Irreconcilable Differences or Uncontested Divorces are covered under the following law: When the grounds for divorce are "irreconcilable differences between the parties" under Tenn. Code Ann. 36-4-101(11), the parties may enter into a written notarized marital dissolution agreement with plaintiff that makes specific reference to a pending divorce by a court and docket number or states that the defendant is aware that one will be filed in this state and that the defendant waives further service and waives filing an answer to the complaint. Such waiver of service shall be valid for a period of one hundred eighty (180) days from the date the last party signs the agreement. The agreement may include the obligation and payment of alimony, in solido or in futuro, to either of the parties, any other provision of the law notwithstanding. The signing of such an agreement shall be in lieu of service of process for the period such waiver is valid and shall constitute a general appearance before the court and answer which shall give the court personal jurisdiction over the defendant, and constitute a default judgment for the purpose of granting a divorce on the grounds of irreconcilable differences. The court may not grant the divorce on the ground of irreconcilable differences unless the court affirmatively finds that the parties have made adequate and sufficient provision by written agreement for the custody and maintenance of any children of that marriage and for the equitable settlement of any property rights between the parties. If the court does not affirmatively find that the agreement is sufficient or equitable, the cause shall be continued by the court to allow further disposition by the petitioner. If both parties are present at the hearing, they may, at that time, ratify any amendments the court may have to the agreement. The amended agreement shall then become a part of the decree. The agreement shall be incorporated in the decree or incorporated by reference, and such decree may be modified as other decrees for divorce. Complaints for divorce on the ground of irreconcilable differences must have been on file for sixty (60) days before being heard if the parties have no unmarried child under eighteen (18) years of age and must have been on file at least ninety (90) days before being heard if the parties have an unmarried child under eighteen (18) years of age. The sixty (60) or ninety-day period shall commence on the date the original complaint was filed and not on the date the complaint was amended to include the ground of irreconcilable differences. SAMPLE DIVORCE AGREEMENT A typical, albeit cynical, Marital Dissolution Agreement follows: MARITAL DISSOLUTION AGREEMENT THIS AGREEMENT entered into this 10th day of June 1996, by and between John Doe, hereinafter referred to as "Husband", and Jane Doe, hereinafter referred to as "Wife": WITNESSETH: WHEREAS, certain differences have arisen between the parties which appear to be irreconcilable and there is now pending in the Fourth Circuit Court for Davidson County, Tennessee, a suit for divorce between the parties being Jane Doe vs. John Doe bearing Docket No. 96D-9999 or the Defendant is aware said suit will be filed which is in lieu of service of process pursuant to Tenn. Code Ann. 36-4-103 (a) (2)and WHEREAS, the parties desire to agree upon and fix their rights and duties regarding their respective estates, child custody, and support, and any and all matters concerning their respective rights and duties by reason of the marital relationship. NOW THEREFORE, in settlement, adjustment, and compromise of all property rights and questions and all matters arising by reason of the marital relationship and in consideration of the mutual promises and covenants hereinafter set forth, the parties hereby agree and covenant as follows: NOTICE: The following sections on children should now be replaced by a Parenting Plan. SOLE CUSTODY. The Wife shall have sole custody of the parties minor child, Rachel Doe. However, Husband shall have reasonable visitation privileges with said minor child provided he gives Wife twenty-four hours notice of his desire to exercise said visitation privileges. VISITATION. Visitation with the Husband shall be as follows: alternating weekends from 6:00 p.m. Friday to 6:00 p.m. Sunday, every Wednesday from 6:00 p.m. to 8:00 p.m., alternating holidays including New Years, Easter Sunday, July 4th, Labor Day, and Thanksgiving Day, whereupon the holiday shall begin at 6:00 p.m. on the eve of the holiday and end at 8:00 p.m. on the date of the holiday. Each parent shall have the child one week before Christmas until 9:00 p.m. Christmas Eve with the other parent having the child from 6:00 p.m. Christmas Eve until one week thereafter, alternating year to year with the non-custodial parent having the child before Christmas in 1996. The parties shall share birthdays of the child and the child shall be with the mother on Mother's Day and the father on Father's Day. CHILD SUPPORT PAYMENTS. To assist with the care, support, and maintenance of the parties' minor child, Husband shall pay direct to Wife the sum of $700 dollars per month commencing the month after the final hearing of this matter and each month thereafter. [alternatively] The Husband, shall pay the sum of $700 per month commencing the month after the final hearing of this matter and each month thereafter for child support, by Wage Assignment to the Court Clerk and further, Husband shall be required to pay the 5% Clerk's commission which is $35 for a total of $735 per month. After deducting the clerk's commission the clerk shall forward the child support to the recipient at the address set forth below. Child support is based upon the Husband's average salary of $4650 per month. The Husband's employer is American Airlines at Metro Airport. The Husband has an affirmative duty and shall advise the Circuit Court Clerk of any change in his employer. The address and social security number of the parties is as follows: __________________. ACKNOWLEDGMENT OF CHILD SUPPORT LAW. The parties to this agreement certify that the child support indicated hereinabove complies with Tenn. Code Ann. 36-5-101 (e) as to child support guidelines. In addition, pursuant to Tenn. Code Ann.36-5-101 (h) the parties affirmatively acknowledge that no action by the parties will be effective to reduce child support after the due date of each payment, and they understand that Court approval must be obtained before child support can be reduced unless such payments are automatically reduced or terminated under the terms of this agreement. CHILD SUPPORT MEDICAL REQUIREMENTS. Husband shall maintain and provide medical, dental (including orthodontist), and hospitalization insurance for the minor child of the parties and said insurance shall be maintained until said child(ren) reach(es) the age of eighteen or for so long as she remains dependent of the parties, whichever last occurs. The Husband shall pay all medical, dental (including orthodontist), psychiatric, and hospital costs not covered by such insurance. CHILD'S COLLEGE REQUIREMENTS. Husband shall pay one-half the costs of activity fees, lab fees, books, tuition, room, and board for four years of college education for the child not to exceed the comparable costs of a like education at the University of Tennessee at the time of the child's attendance when she is eighteen. REAL PROPERTY - WIFE. The real property of the parties owned by the parties as tenants by the entireties, being the former home of the parties located at 1409 Belle Meade Boulevard in Nashville, Davidson County, Tennessee shall hereinafter become the sole and exclusive property of the Wife, free and clear from any claim of any nature whatsoever by the Husband. Within thirty (30) days of the final decree of divorce, Husband will quitclaim to Wife all of his right, title, and interest in and to said property, and said property shall be the sole and exclusive property of Wife, free and clear of any claim of any nature whatsoever by Husband. If necessary, any final decree of divorce entered into on behalf of either party shall contain a property description of said property, with the further provision that all of Husband's interest in said property is conveyed to Wife, pursuant to the terms of this agreement. Wife agrees that she will hereinafter hold Husband harmless from all mortgage indebtedness or other indebtedness against said property. The Parties agree that the approximate equity interest in this real property is $190,000 and will become the sole property of the Wife. HUSBAND'S VEHICLE. Title to a certain 1979 Volkswagon automobile shall be vested in the Husband, who shall assume all liabilities and indebtedness thereon and hold Wife harmless on same. The Husband shall retain said vehicle free and clear from any claim of any nature whatsoever by the Wife, but with the further understanding that the Husband shall be solely responsible for the repayment of any mortgage indebtedness or other debt that might exist against said vehicle, and shall hold the Wife harmless from any responsibility therefor. WIFE'S VEHICLE. Title to a certain 1996 Rolls Royce automobile shall be vested in the Wife, who shall assume all liabilities and indebtedness thereon and hold Husband harmless on same. The Wife shall retain said vehicle free and clear from any claim of any nature whatsoever by the Husband, but with the further understanding that the Wife shall be solely responsible for the repayment of any mortgage indebtedness or other debt that might exist against said vehicle, and shall hold the opposite party harmless from any responsibility therefor. PERSONALTY. All title to property presently in the separate possession of each of the parties shall be vested separately in each of the parties. JOINT PERSONALTY. All title to property presently in the joint possession of the parties shall be vested separately in each of the parties as shown in Exhibit A of this Agreement. DEBTS. Each party shall pay all debts and obligations that he or she has incurred independently and shall hold the other party harmless thereon. The joint debts and obligations of the parties shall be the sole debts of the party listed below. DEBT PARTY REHABILITATIVE ALIMONY. Husband shall pay to the Wife the sum of $1000 rehabilitative alimony per week for a period of five years after the final hearing of this cause and each week thereafter. ALIMONY IN SOLIDO. Husband shall pay to the Wife a lump sum of 100,000 dollars representing alimony in solido within 30 days of the final hearing of this cause PERMANENT ALIMONY. Husband shall pay to the Wife the sum of 10,000 dollars permanent alimony per month commencing the month after the final hearing of this cause and each month thereafter until the death or remarriage of the Wife. The Wife shall advise the Husband of any remarriage within 30 days of said remarriage. TEMPORARY ALIMONY. Pending the final hearing of this cause, the Husband shall pay directly to the Wife temporary alimony in the sum of $10,000 dollars commencing the month after the signing of this agreement and each month thereafter until the final hearing of this cause. LIFE INSURANCE - TRUST. The Husband agrees that he will obtain life insurance on his life until the child reaches 18 and has graduated from high school or remain dependents of the Parties, whichever last occurs in order to insure his obligation for the payment of the child's needs. The Husband shall maintain a life insurance policy on Husband's life in the minimum face amount of $200,000 with Wife in Trust designated as the sole beneficiary thereon. The Trust shall be designated as the owner of this policy and Husband shall provide the Trustee proof on an annual basis of the existence of said coverage with said proof to be shown to the Trustee no later than January 31st of each year. The Trust agreement is attached hereto as Exhibit A. [alternatively] LIFE INSURANCE - HUSBAND. The Husband agrees that he will obtain life insurance on his life in the minimum face amount of $200,000 with the Wife designated as the sole beneficiary for the benefit of the child until the child reaches 18 and has graduated from high school or remains dependent of the Parties, whichever last occurs, in order to insure his obligation for the payment of the child support and maintenance of the medical and dental insurance coverage and medical and dental expenses for the children. The Husband shall provide Wife proof on an annual basis of the existence of said coverage with said proof to be shown to the Wife no later than January 31st of each year. TAX DEDUCTIONS. The Wife shall claim the minor child as an exemption on her tax return and the Husband shall execute all necessary IRS documents to accomplish said deductions. COURT COSTS. Husband shall be responsible for the payment of the balance of any court costs necessitated by either party obtaining a divorce pursuant to the terms and conditions of this agreement; however, it is agreed by the parties that any advanced filing fee paid by either party as may be applied to the court costs, shall be applied to the court costs and not refunded. TEMPORARY CHILD SUPPORT. Pending the final hearing of this cause, the Husband shall pay directly to the Wife to assist with the care, support, and maintenance of the parties minor child the sum of $700 dollars per month commencing the month after the signing of this agreement and each month thereafter until the final hearing of this matter. PENSION BENEFITS. One-half of the present value of Husband's pension benefits at American Airlines shall be vested in the Wife by the entry of a Qualified Domestic Relations Order (QDRO) as necessary. ATTORNEY FEES. Each party shall pay their own attorney fees incurred in connection with this proceeding. FULL KNOWLEDGE. The parties hereto agree and acknowledge that this agreement is entered into by each of them with full knowledge on the part of each of them to the extent and probable value of all property and estate of the parties jointly and personally. Each of the parties hereby forever releases and surrenders all of his or her right, title and interest, marital and otherwise in and to all of the estate whether real, personal, tangible, or mixed now owned or hereinafter acquired of or by the other party except as he or she may be bound by the promises and covenants contained in this agreement. FINAL DECREE. The parties agree this Marital Dissolution Agreement, subject to Court approval, shall be incorporated in and made a part of any Decree of Divorce which may be entered hereafter. DISSIPATION OF PROPERTY. The parties agree that they will not remove, sell, mortgage, or in any manner dissipate, or damage the real or personal property of the other party located in the homeplace or otherwise, either held jointly or severally, pending a final hearing for divorce. COOPERATION. Each party, at the request of the other, will execute and deliver all documents which may be reasonably necessary to give full effect to this agreement. BREACH AND WAIVER. Should either party incur any expense or legal fees as a result of the breach of any portion of this Marital Dissolution Agreement by the other party, the Court shall award reasonable attorney's fees and suit expenses to the non-defaulting party which are reasonably incurred. No breach, waiver, or default of any of the terms of this agreement shall constitute a waiver of any subsequent breach or default of any of the terms of agreement. SEVERABILITY. Should any Court hold that any portion of this agreement is invalid, the remainder shall be in full force and effect, and the invalid portion shall be struck from the agreement or modified as the Court shall order. REPRESENTATIONS. Each party acknowledges that this agreement has been entered into of his or her volition with full knowledge and information including tax consequences. In some instances, it represented a compromise of disputed issues. Each believes the terms and conditions to be fair and reasonable under the circumstances. No coercion or undue influence has been used by or against either party in making this agreement. Each party acknowledges that no representations of any kind have been made to him or her as an inducement to enter into this agreement other than the representations set forth herein. MODIFICATIONS. A modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and executed with the same formality as this agreement. Failure of either party to insist upon strict performance of any of the provisions of this agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. NO HARASSMENT. Both parties agree not to molest, harass, interfere with, or impose any restraint upon the other, except as set out in this agreement. TAXES. If in connection with any joint Federal Income Tax Returns heretofore filed by the parties, there is a deficiency assessment, the amount ultimately determined to be due thereon shall be borne by either or both the parties, depending on whether the deficiency arose out of the individual income, deduction, or mis-reporting of one or the other parties, (and if so, to that extent), or out of a joint income deduction. Husband and Wife each represents and warrants to the other that all Federal Income Tax Returns during the marriage are, in all respects, true, correct, and complete, and fully and accurately reflect the income and deductions of each party for those years. COURT APPROVAL. Both parties understand and agree that this agreement and all of the matters and things contained therein shall at all times be interpreted in accordance with the laws of the State of Tennessee. Both parties further agree that in the event that either party should obtain a divorce from the other party, that this agreement will be submitted to the Court hearing the divorce, and with the request that the agreement be approved and ratified by the Court, and made a part of the Final Decree of divorce as may be awarded to either party. FULL AND FINAL SETTLEMENT. The parties hereto, exclusive of the terms and provisions of this instrument, each waive all right, title, and interest, cohate and inchoate, in and to the property and estate of the other by way of expectancy or reversion or otherwise including marital, insurance, contractual and all other rights by way of dower, homestead exemption, alimony, or otherwise, in present or in expectancy as to any and all property and estate of the other, and each of the parties does hereby release and discharge the other from any and all control, claims, demands, actions or causes of action, except as to the obligations imposed by this instrument or by the Court's decree, this being intended as full, final, and complete settlement of the property, marital, and other rights of the parties hereto. ENTIRE AGREEMENT. This agreement contains the entire understanding and agreement between the parties. There are no representations, warranties, covenants, or undertakings other than those expressly set forth herein and each party enters into this contract voluntarily, advisedly, and with full knowledge of the financial condition, nature, character, and value of the other's estate. The law of the State of Tennessee shall govern this agreement in all respects. |
