Beem v. Beem
Facts: Parties entered into Marital Dissolution Agreement that was approved by the court. Several weeks later, Husband changed his mind and filed a petition to have the MDA set aside on the grounds...
View ArticleBrinton v. Brinton
Facts: As part of his divorce settlement, Father agreed to pay for Children’s college expenses. Son went to DePaul University in Chicago. Daughter declined a nearly full scholarship offer from Auburn...
View ArticleMediation and Parenting Plans in Tennessee Divorce: Fletcher v. Fletcher
Facts: The parties, parents of two minor children, divorced pursuant to a marital dissolution agreement. After post-divorce custody disputes arose, the parties went through mediation and arrived at an...
View ArticleClassification of Military Retirement Benefits and Interpretation of Marital...
Facts: At the time of divorce in 2005, the trial court incorporated the parties’ marital dissolution agreement into the final judgment of divorce, specifically finding the marital dissolution agreement...
View ArticlePost-Divorce Challenge to Marital Dissolution Agreement Leads to Substantial...
Facts: The parties’ divorce was resolved by a Mediation Agreement executed by both parties and their lawyers. One month later, Husband accepted a new job with substantial income, including stock...
View ArticleTermination of Alimony in Murfeesboro Divorce Reversed: Averitte v. Averitte
Facts: Husband and Wife divorced in 2011. The final decree of divorce incorporated the parties’ marital dissolution agreement (“MDA”), which required Husband to pay alimony to Wife in the amount of...
View Article“Self-Terminating” Alimony Leads to Arrearage in Memphis Divorce: Wilkinson...
Facts: When the parties divorced in 2008, the trial court approved their Marital Dissolution Agreement (“MDA”) that provided Husband would pay Wife transitional alimony of $3000 per month for two years...
View ArticleJoint Bank Account Leads to Post-Divorce Lawsuit in Nashville: In re Estate...
Facts: Husband and Wife were married for over 15 years before they divorced. During their marriage they owned joint accounts at the Educators Credit Union and Suntrust Bank with rights of survivorship....
View ArticleAward of Attorney’s Fees Reversed in Trenton Post-Divorce Child Support...
Facts: The parties divorced after nine years of marriage. They have one child. When they divorced, they entered into a marital dissolution agreement in which Father agreed to pay one-half of Child’s...
View ArticleAlimony Not Terminated on Grounds of Post-Divorce Cohabitation in Winchester:...
Facts: When the parties divorced in 2010, their Marital Dissolution Agreement (“MDA”) obligated Husband to pay alimony to Wife. According to the MDA, ”This spousal support will end after the designated...
View ArticleMisrepresentation of Sexual Affair That Violates Prenuptial Agreement Leads...
Facts: Husband and Wife entered into a prenuptial agreement prior to their marriage that provided that if the parties were married between four and five years, Wife would be entitled to alimony in the...
View ArticleChildren’s College Expenses Disputed in Brentwood Divorce: Hill v. Hill
Facts: Mother and Father divorced in 2003. Their marital dissolution agreement contained the following provision regarding the children’s college expenses: The parties shall jointly participate in...
View ArticleInterpretation of QDRO and Marital Dissolution Agreement Reversed in DeKalb...
Facts: When the parties settled their divorce case, they executed a marital dissolution agreement (“MDA”) that provided in relevant part: As a division of marital property, the husband will pay to the...
View ArticleSubject Matter Jurisdiction Challenged in Memphis Post-Divorce Contempt...
Facts: Mother and Father were divorced in Memphis in 2008. While the parties had previously resided in Arlington, by the time of the divorce Mother and the children had moved to Illinois. In late 2010,...
View ArticleRoommate Romance: Why You Should Have a Cohabitation Agreement
This 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...
View ArticleMarital Dissolution Agreement Withstands Claim of Duress in Clarksville...
Facts: 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’...
View ArticleModification of Marital Dissolution Agreement Rejected in Dandridge, TN...
Facts: 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...
View ArticleAlimony Determined to Be Modifiable in Springfield, TN Post-Divorce...
Facts: 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...
View ArticleCohabitation with Widowed Mother Leads to Termination of Permanent Alimony in...
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...
View ArticleFailure 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...
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