If part of Tennessee has resided in the state for more than six months, divorce is sought in the county of the parties` residence. Divorce action can be brought in the constituency of the husband or wife`s home. All issues can be resolved in an undisputed divorce, if the parties agree. Agreement on all property issues is reduced to the letter in a „marriage dissolution contract“ and all child issues are reduced to the letter in a „parent plan.“ The agreement is filed and approved by the court, which is enforceable by the court if a party does not comply with the terms of the agreement. Otherwise, a division of ownership is within the jurisdiction of the court. In Tennessee, as in any state of equitable distribution, judges do not share the entire marital patrimony 50/50, but consider each dissolution case separately and decide what proportions would be equitable in a given situation. The court quashed the divorce and dismissed the case in its entirety. Less than a week later, the husband filed an absolute divorce complaint, citing irreconcilable disputes, based on the provisions of the parties to the 2011 MDA. The woman then challenged the divorce and argued that the MDA was not valid.
The court held a hearing on the enforceability of the MDA and concluded that it was a valid and binding agreement for the parties, and it entered into a divorce decree that adopted the terms of the MDA. The woman appealed and argued that the MDA was not applicable because it did not fairly share marital patrimony and did not comply with Tennessee`s Code 36-4-103. In particular, she submitted that the MDA did not relate to the underlying divorce application that followed up the complaint and that it was not received in the recitation of the husband`s divorce application. According to the Tennessee Code, at p. 36.4.121, the State of Tennessee follows the principles of equitable distribution, which means that in the event of dissolution of the marriage, all marital property is distributed equitably, even if not necessarily in the same way. If the divorce is uncontested, the court will grant divorce on „irreconcilable disputes“ which is a faultless divorce. Divorce may be granted after a minimum period of sixty days after the divorce complaint is filed, if there are no minor children. At least 90 days must elapse from the date of filing for divorce if there are minor children. An undisputed divorce may take longer if the parties do not reach an agreement on time and cannot be resolved without agreement between the parties. Mediation is a confidential conciliation meeting in which a neutral dispute resolution person meets with the parties and their lawyers and tries to help them reach agreement on the contentious issues.