Marital Dissolution Agreements FAQ
August 26, 2023
A Marital Dissolution Agreement (MDA) is a divorce agreement, or divorce settlement agreement, in which two spouses agree to the division of their property or assets and agree to get divorced. The Tennessee Administrative Office of the Courts has a form for a marital dissolution agreement on its website. The MDA lists each parent’s personal property that they shall keep after the divorce. It also includes the debts that each party will assume after the divorce. The MDA must be signed by both parties and notarized. The judge hearing the divorce will have to approve the MDA before the divorce is approved and finalized.
Yes, an MDA can also settle the amount of alimony and child support that one party will pay the other. Alimony is often a hotly contested item during a divorce proceeding, but agreements certainly can be reached on these matters as well. Parties under the MDA can agree to pay more than the Child Support Guidelines provide.
Yes, a Marital Dissolution Agreement can be a valid contract that is legally enforceable. The Tennessee Court of Appeals has explained that “a marital dissolution agreement may be enforceable as a contract even if one of the parties withdraws consent prior to the entry of judgment by the trial court, so long as the agreement is otherwise a validly enforceable contract.” If you are considering filing for divorce, or have been served with divorce papers, then you need an experienced family law attorney to help you during this difficult process.
If an MDA is approved, it is incorporated into the final divorce decree. This means that the MDA establishes the legal rights and obligations of each party after the divorce becomes finalized. The terms of the MDA may include provisions that provide for attorney’s fees to be paid by the other side if that party violates the terms of the MDA.
This is why it is so essential for a person to be represented by an attorney during the MDA process. The MDA governs the key aspects of the divorce process, and you need an attorney to ensure your interests are well represented.
Family law attorney Tiffany Hagar of the Lebanon-based law firm Hagar & Phillips can represent you during your divorce and help you draft a proposed Marital Dissolution Agreement.
For reliable legal counsel in Lebanon, TN, and surrounding middle Tennessee counties, look no further than Hagar & Phillips. Whether handling divorce proceedings or discussing the division of assets, our experienced attorneys are here to help. Reach out to us at https://hplawtn.com/contact/ to schedule a consultation today!
Hagar & Phillips, Attorneys at Law (H&P) is a law firm with over 30 years of experience serving the city of Lebanon, Wilson County, and surrounding counties. The attorneys in Lebanon, TN, focus on exceeding clients’ expectations. Practice areas include Family Law, Criminal Defense, Healthcare Law, Estates, Adoption, Mediation, and Civil Litigation.
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