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Tennessee Marital Domestic Separation and Property Settlement...

Tennessee Marital Domestic Separation and Property Settlement Agreement Minor Children no Joint Property or Debts where Divorce Action Filed

State:

Category:

Family Law - Divorce - Separation - With Children

Control #:

TN-DO-10

Format:

64 downloads

About this form

The Marital Domestic Separation and Property Settlement Agreement is a legal document designed for couples with minor children who are undergoing a divorce action. This agreement is specifically for parties without joint property or debts and aims to resolve matters such as child custody, visitation rights, and child support, in addition to addressing alimony considerations. Unlike other forms, this document is tailored for use in Tennessee and caters to the unique needs of families in transition.

Form components explained

Separation and custody provisions for minor children
Detailed child support obligations and calculation methods
Visitation schedule options that promote healthy parenting
Provisions regarding the relinquishment of marital rights and property
Alimony terms and conditions, if applicable
Legal framework for enforcement of the agreement

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When this form is needed

This form should be used when married couples with minor children wish to establish a Separation Agreement while a divorce action is initiated or pending. It is essential for parties without any joint property or debts who need to clarify custody, support, and visitation rights, ensuring that both parties have a clear understanding of their responsibilities as they navigate the divorce process.

Intended users of this form

Married couples in Tennessee with minor children
Couples who do not have shared property or debts
Individuals facing a divorce and seeking to establish clear terms for custody and support
Parents wishing to amicably resolve separation issues through legal documentation

Instructions for completing this form

Identify the parties involved, including their full names and addresses.
Specify custody arrangements for the minor children and outline visitation rights.
Detail child support amounts and schedules, including any alimony provisions.
Ensure both parties sign the agreement in the presence of a notary public.
Keep copies of the signed agreement for personal records and future reference.

Does this document require notarization?

Yes, this form must be notarized to be legally valid. Notarization confirms the identities of the signers and ensures that the agreement is executed voluntarily. US Legal Forms offers online notarization services, making it convenient and secure for you to complete this process from the comfort of your home.

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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.

Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.

Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.

If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.

We protect your documents and personal data by following strict security and privacy standards.

Typical mistakes to avoid

Failing to fully disclose financial information.
Not defining custody and visitation schedules clearly.
Omitting necessary signatures, especially from the notary.
Overlooking updates to the agreement if circumstances change.

Why use this form online

Convenience of downloading and filling out the form from home.
Editability allows you to personalize your agreement as needed.
Reliable access to legally vetted content created by licensed attorneys.

Key takeaways

Use this form to establish a comprehensive agreement during divorce proceedings with minor children.
Clear provisions for custody, support, and visitation help protect the welfare of children.
Legal compliance with Tennessee state laws is critical for enforceability.

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FAQ

Inheritance is generally considered to be separate (non-marital) property in Tennessee regardless of whether the inheritance was received before or during a marriage.

The State of Tennessee is not a 50 50 (fifty-fifty) state for division of marital property in divorce. Tennessee is an equitable distribution state for property division in divorce but courts are required to consider a list of factors in determining which spouse receives what assets.

Tennessee is not a community property state, like California or New York. Tennessee is an equitable division state.Generally speaking, the property that each partner brings into the marriage or receives by gift, bequest or devise during marriage is called separate property (not community property).

Though the term non-marital property often refers to any personal or real property owned prior to, and brought into the marriage, it can also refer to things such as inheritances and gifts made to only one spouse.

Marital property refers to property that belongs to the marriage, as opposed to separate property, which is separately owned by one spouse or the other. Marital property includes all real and personal property, whether tangible or intangible, acquired by either or both spouses during the course of the marriage.

No, Tennessee does not follow community property rules. Like the majority of states, Tennessee is an equitable distribution state.

In a divorce action in Tennessee, marital property is divided; separate property is not.Tennessee is an equitable distribution state. This means that once property is classified as marital or separate, the trial court must divide marital property equitably according to the factors listed in T.C.A. § 36-4-121(c).

Under Tennessee law, only marital property is subject to equitable division upon divorce. Specifically, marital property is defined as any assets or property acquired by either you or your spouse while you are married.

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Marital Domestic Separation and Property Settlement Agreement Minor Children no Joint Property or Debts where Divorce Action Filed

Note: This summary is not intended to be an all inclusive discussion of the law of separation agreements in Tennessee, but does include basic and other provisions.

General Summary:

The parties to a marriage may make an agreement in writing to an immediate separation and may make provision for the support of either of them and of their children during such separation. Divorce stipulations are governed by the rules of contract. The terms of a stipulated property settlement agreement7 that, by its terms, is not merged into the decree, retains significance as an independent contract. Still, those terms relating to alimony and child support provisions are subject to revision when conditions change. The property settlement aspects of the agreement are not modifiable without the agreement of the parties.

Statutes:

Tennessee Code

Title 36 Domestic Relations

Chapter 4 Divorce and Annulment

Irreconcilable differences - Procedure:

(a) (1) In all divorces sought because of irreconcilable differences between the parties, if the defendant is a nonresident, personal service may be effectuated by service upon the secretary of state pursuant to the provisions of § 20-2-215.

(2) In lieu of service of process, the defendant 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.

(3) No divorce heretofore granted shall be invalid because the agreement was signed and notarized or acknowledged prior to filing under prior law before the action was filed.

(b) No divorce shall be granted on the ground of irreconcilable differences unless the court affirmatively finds in its decree 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. Section 36-4-103.

Distribution of marital property:

(a) (1) In all actions for divorce or legal separation, the court having jurisdiction thereof may, upon request of either party, and prior to any determination as to whether it is appropriate to order the support and maintenance of one (1) party by the other, equitably divide, distribute or assign the marital property between the parties without regard to marital fault in proportions as the court deems just.

(2) In all actions for legal separation, the court, in its discretion, may equitably divide, distribute, or assign the marital property in whole or in part, or reserve the division or assignment of marital property until a later time. If the court makes a final distribution of marital property at the time of the decree of legal separation, any after-acquired property is separate property.

(3) To this end, the court shall be empowered to effectuate its decree by divesting and reinvesting title to such property and, where deemed necessary, to order a sale of such property and to order the proceeds divided between the parties.

(A) Any auction sale of property ordered pursuant to this section shall be conducted in accordance with the provisions of title 35, chapter 5.

(B) The court may order the provisions of title 35, chapter 5, to apply to any sale ordered by the court pursuant to this section.

(C) The court, in its discretion, may impose any additional conditions or procedures upon the sale of property in divorce cases as are reasonably designed to ensure that such property is sold for its fair market value.

(b) For purposes of this chapter:

(1) (A) "Marital property" means all real and personal property, both tangible and intangible, acquired by either or both spouses during the course of the marriage up to the date of the final divorce hearing or up to the date of the legal separation hearing unless equity would require another valuation date and owned by either or both spouses as of the date of filing of a complaint for divorce or complaint for legal separation, except in the case of fraudulent conveyance in anticipation of filing and including any property to which a right was acquired up to the date of the final divorce hearing, or the date of legal separation hearing unless equity would require another valuation date, and valued as of a date as near as reasonably possible to the final divorce hearing date or the date of the legal separation hearing.

(B) "Marital property" includes income from, and any increase in value during the marriage of, property determined to be separate property in accordance with subdivision (b)(2) if each party substantially contributed to its preservation and appreciation, and the value of vested and unvested pension, vested and unvested stock option rights, retirement or other fringe benefit rights relating to employment that accrued during the period of the marriage.

(C) "Marital property" includes recovery in personal injury, workers' compensation, social security disability actions, and other similar actions for the following: wages lost during the marriage, reimbursement for medical bills incurred and paid with marital property, and property damage to marital property.

(D) As used in this subsection, "substantial contribution" may include, but not be limited to, the direct or indirect contribution of a spouse as homemaker, wage earner, parent or family financial manager, together with such other factors as the court having jurisdiction thereof may determine.

(E) Property shall be considered marital property as defined by this subsection for the sole purpose of dividing assets upon divorce or legal separation and for no other purpose; and assets distributed as marital property will not be considered as income for child support or alimony purposes, except to the extent the asset will create additional income after the division.

(2) "Separate property" means:

(A) All real and personal property owned by a spouse before marriage;

(B) Property acquired in exchange for property acquired before the marriage;

(C) Income from and appreciation of property owned by a spouse before marriage except when characterized as marital property under subdivision (b)(1);

(D) Property acquired by a spouse at any time by gift, bequest, devise or descent;

(E) Pain and suffering awards, victim of crime compensation awards, future medical expenses, and future lost wages; and

(F) Property acquired by a spouse after an order of legal separation where the court has made a final disposition of property.

(1) The duration of the marriage;

(2) The age, physical and mental health, vocational skills, employability, earning capacity, estate, financial liabilities and financial needs of each of the parties;

(3) The tangible or intangible contribution by one (1) party to the education, training or increased earning power of the other party;

(4) The relative ability of each party for future acquisitions of capital assets and income;

(5) The contribution of each party to the acquisition, preservation, appreciation, depreciation or dissipation of the marital or separate property, including the contribution of a party to the marriage as homemaker, wage earner or parent, with the contribution of a party as homemaker or wage earner to be given the same weight if each party has fulfilled its role;

(6) The value of the separate property of each party;

(7) The estate of each party at the time of the marriage;

(8) The economic circumstances of each party at the time the division of property is to become effective;

(9) The tax consequences to each party, costs associated with the reasonably foreseeable sale of the asset, and other reasonably foreseeable expenses associated with the asset;

(10) The amount of social security benefits available to each spouse; and

(11) Such other factors as are necessary to consider the equities between the parties.

(d) The court may award the family home and household effects, or the right to live therein and use the household effects for a reasonable period, to either party, but shall give special consideration to a spouse having physical custody of a child or children of the marriage.

(e) (1) The court may impose a lien upon the marital real property assigned to a party, or upon such party's separate real property, or both, as security for the payment of child support.

(2) The court may impose a lien upon the marital real property assigned to a party as security for the payment of spouse support or payment pursuant to property division.

(f) (1) If, in making equitable distribution of marital property, the court determines that the distribution of an interest in a business, corporation or profession would be contrary to law, the court may make a distributive award of money or other property in order to achieve equity between the parties. The court, in its discretion, may also make a distributive award of money or other property to supplement, facilitate or effectuate a distribution of marital property.

(2) The court may provide that any distributive award payable over a period of time be secured by a lien on specific property.

(g) (1) Nothing in this section shall be construed to prevent the affirmation, ratification and incorporation in a decree of an agreement between the parties regarding the division of property.

(2) Nothing in this section shall affect validity of an antenuptial agreement which is enforceable under § 36-3-501. Section 36-4-121.

Case Law:

A marital dissolution agreement is essentially a contract between a husband and wife in contemplation of divorce proceedings. Gray v. Estate of Gray, 993 S.W.2d 59 (Tenn.Ct.App. 1998). A property settlement agreement between a husband and wife is within the category of contracts and is to be looked upon and enforced as an agreement, and is to be construed as other contracts as respects its interpretation, its meaning and effect. Bruce v. Bruce, 801 S.W.2d 102, 105 (Tenn.App. 1990).

Only that portion of the property settlement between the parties dealing with the legal duty of child support or alimony, over which the court has continuing statutory power to modify, loses its contractual nature when incorporated and merged into a decree for divorce. Penland v. Penland, Tenn. 1975, 521 S.W. 2d 222.