Dissolving a marriage can be an arduous and complicated process. Not only do you have to consider child custody and support, but you need to make decisions about your assets, your debts, and your property. However, if your divorce is amicable enough, a divorce settlement agreement may be your best option. Retaining an attorney is your best option to make the process go smoothly. The Nashville divorce attorneys at Martin Heller Potempa & Sheppard, PLLC can help you reach such a fair compromise. We strive to make the process of creating marital dissolution agreements or divorce settlement agreements go as smoothly and quickly as possible.
The Benefits of a Marital Dissolution Agreement
In Tennessee, a marital dissolution agreement, also known as an MDA, contains the necessary information on ending a marriage. The agreement gives the divorcing couple more control over the divorce proceedings. It’s a chance to reach a compromise on many of the issues that can become hotly contested in court.
How you will divide your assets, such as vehicles, stocks, retirement funds, etc.;
How you will divide your debts, such as student loans, credit cards, mortgages, etc.;
And other provisions, such as attorney fees, whether the wife will retain her maiden name, and court costs.
It’s important to remember that an MDA is a contract. Once everyone signs the agreement and the court approves it, you are to comply with the provisions in it.
When Do Marital Dissolution Agreements Go into Effect?
Once we finalize the marital dissolution agreement or marriage termination agreement, the parties can then file for marriage dissolution. Afterward, the agreement can take effect.
Can You Change an MDA?
Once you reach an agreement, is it possible to change or appeal the MDA at a later date? Yes, but only under certain circumstances:
A major life change after the divorce. For example, if you and your ex-spouse had agreed upon alimony in your settlement, the recipient marrying someone else ends alimony. In this instance, you or your former spouse’s request to change the agreement will be approved.
Errors in the legal proceedings. For example, if the court fails to take into account the correct worth of your assets.
The agreement is inequitable. For example, if your former spouse receives the house, the cars, and the stocks, whereas you only receive a retirement plan.
Duress. At the time of the proceedings, one or both spouses are either under duress or do not have the proper mental capacity.
If you do need to change your MDA, it’s best to discuss the situation further with a divorce attorney to see what can be done.
Our Tennessee Marital Settlement Agreement Lawyers are Here to Help
You should carefully consider Important decisions regarding your future. Your future may require an outside viewpoint in order to reach a resolution. The marital settlement agreement lawyers at Martin Heller Potempa & Sheppard, PLLC are experienced in helping clients reach satisfactory marital settlement agreements that ensure that their futures stay intact. The decision to seek a divorce is never easy, and even the most amicable divorces need some legal guidance. Our firm dedicates itself to making sure that the legal process goes as seamlessly as possible. We offer seasoned and compassionate legal guidance and, if a settlement cannot be reached, will represent you in court.
If you need help constructing a marital dissolution agreement or cannot come to an agreement with your estranged spouse, contact us to set up an appointment to discuss your options.