Legal Packet

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MARITAL DISSOLUTION AGREEMENT

STATE OF TENNESSEE

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This MARITAL DISSOLUTION AGREEMENT ("Agreement") is made and entered into on

this ___ day of _____________, 20___, by and between:

PETITIONER: [FULL LEGAL NAME]

Address: [STREET ADDRESS]

[CITY, STATE ZIP]

("Petitioner" or "Wife/Husband")

and

RESPONDENT: [FULL LEGAL NAME]

Address: [STREET ADDRESS]

[CITY, STATE ZIP]

("Respondent" or "Husband/Wife")

Petitioner and Respondent are collectively referred to as "the Parties" or

"Party" as the context requires.

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RECITALS

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A. The Parties were lawfully married on [DATE OF MARRIAGE] in [CITY, STATE].

B. The Parties are residents of the State of Tennessee and have met the

residency requirements of Tenn. Code Ann. § 36-4-104.

C. Irreconcilable differences have arisen between the Parties, and the

marriage has suffered an irremediable breakdown.

D. A Complaint for Divorce [has been filed / will be filed] in the

[Circuit / Chancery] Court for [COUNTY] County, Tennessee.

E. The Parties desire to settle all matters relating to the dissolution of

their marriage by this Agreement, including division of property and debt,

and (if applicable) spousal support.

F. Under Tenn. Code Ann. § 36-4-103(a)(2), this Agreement constitutes a waiver

of service of process and a general appearance by the Respondent.

NOW, THEREFORE, in consideration of the mutual covenants and agreements herein,

the Parties agree as follows:

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ARTICLE I — WAIVER OF SERVICE AND APPEARANCE

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1.1 Waiver of Service. Respondent acknowledges that a Complaint for Divorce

has been or will be filed in Tennessee and hereby waives service of process,

formal notice, and any requirement to be served with a summons or complaint.

This waiver is valid for one hundred eighty (180) days from the date the last

party signs this Agreement, pursuant to Tenn. Code Ann. § 36-4-103(a)(2).

1.2 General Appearance. By signing this Agreement, Respondent makes a

general appearance before the Court and submits to the Court's personal

jurisdiction for all purposes related to this divorce action.

1.3 Waiver of Answer. Respondent waives the right to file an answer or

responsive pleading to the Complaint for Divorce.

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ARTICLE II — SEPARATE PROPERTY

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2.1 Petitioner's Separate Property. The following property is confirmed as

Petitioner's separate property, free from any claim by Respondent:

[ ] Real property located at: [ADDRESS]

Legal description: [DESCRIPTION]

[ ] Vehicle: [YEAR/MAKE/MODEL/VIN]

[ ] Bank accounts: [BANK NAME, ACCOUNT TYPE, APPROXIMATE BALANCE]

[ ] Retirement accounts: [PLAN NAME, APPROXIMATE VALUE]

[ ] Personal property: [DESCRIBE SIGNIFICANT ITEMS]

[ ] Other: [DESCRIBE]

2.2 Respondent's Separate Property. The following property is confirmed as

Respondent's separate property, free from any claim by Petitioner:

[ ] Real property located at: [ADDRESS]

Legal description: [DESCRIPTION]

[ ] Vehicle: [YEAR/MAKE/MODEL/VIN]

[ ] Bank accounts: [BANK NAME, ACCOUNT TYPE, APPROXIMATE BALANCE]

[ ] Retirement accounts: [PLAN NAME, APPROXIMATE VALUE]

[ ] Personal property: [DESCRIBE SIGNIFICANT ITEMS]

[ ] Other: [DESCRIBE]

2.3 Definition of Separate Property. Separate property includes property

owned before marriage, property acquired by gift or inheritance, and income

from separate property, as defined in Tenn. Code Ann. § 36-4-121(b)(4).

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ARTICLE III — MARITAL PROPERTY DIVISION

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3.1 Division of Marital Property. The Parties have agreed to divide their

marital property as set forth below, in accordance with Tenn. Code Ann.

§ 36-4-121, which requires equitable division of marital property without

regard to marital fault.

3.2 Real Property. The Parties [own / do not own] real property as marital

property:

[ ] Marital residence located at: [ADDRESS]

Legal description: [DESCRIPTION]

Approximate fair market value: $___________

Outstanding mortgage: $___________

Net equity: $___________

Division: [ ] Sold, proceeds divided: Petitioner ____% / Respondent ____%

[ ] Petitioner retains, pays Respondent $___________

[ ] Respondent retains, pays Petitioner $___________

[ ] Other: [SPECIFY]

3.3 Vehicles. The Parties own the following vehicles as marital property:

3.4 Bank and Investment Accounts.

3.5 Retirement Accounts. The Parties [have / do not have] retirement

accounts subject to division:

If a Qualified Domestic Relations Order (QDRO) is required, the Party

receiving the funds shall be responsible for preparing the QDRO at their

expense.

3.6 Personal Property and Household Effects.

Petitioner retains: [LIST SIGNIFICANT ITEMS]

Respondent retains: [LIST SIGNIFICANT ITEMS]

3.7 Business Interests. The Parties [have / do not have] business interests

to divide:

[Business Name]: Awarded to [PARTY], who shall pay $___________ to other Party.

3.8 Equalization Payment. To equalize the division of marital property:

[ ] No equalization payment required.

[ ] [PARTY] shall pay $___________ to [PARTY] within _______ days of entry

of the Final Decree of Divorce.

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ARTICLE IV — MARITAL DEBT ALLOCATION

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4.1 Division of Marital Debt. Under Tenn. Code Ann. § 36-4-121(a)(1)(B),

the Parties agree to allocate responsibility for marital debt as follows:

4.2 Mortgage Debt.

Mortgage on [ADDRESS]: Responsibility of [PARTY]

[PARTY] shall refinance within _______ days to remove other Party's name.

4.3 Vehicle Loans.

4.4 Credit Card Debt.

4.5 Other Debts.

4.6 Indemnification. Each Party agrees to indemnify and hold harmless the

other Party from any liability for debts allocated to the indemnifying Party.

If a Party fails to pay a debt allocated to them, the other Party may seek

reimbursement plus attorney's fees.

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ARTICLE V — SPOUSAL SUPPORT (ALIMONY)

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5.1 Spousal Support. The Parties agree as follows regarding spousal support:

[ ] No Spousal Support. Neither Party shall pay spousal support to the

other. Both Parties waive any claim for alimony, whether temporary,

rehabilitative, transitional, or long-term.

[ ] Spousal Support Payable. [PAYING PARTY] shall pay to [RECEIVING

PARTY] spousal support as follows:

Type: [ ] Transitional [ ] Rehabilitative [ ] In Futuro [ ] In Solido

Amount: $___________ per month

Duration: _______ months/years, commencing on [DATE] and ending on [DATE]

Payment Due Date: The ___ day of each month

Payment Method: [ ] Direct payment [ ] Wage assignment

[ ] Non-modifiable: This spousal support obligation is non-modifiable

except by written agreement of both Parties.

[ ] Modifiable: This spousal support obligation may be modified upon

a substantial and material change in circumstances.

5.2 Termination of Spousal Support. Spousal support shall terminate upon:

(a) the death of either Party;

(b) the remarriage of the receiving Party; or

(c) the date specified above, whichever occurs first.

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ARTICLE VI — NAME CHANGE

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6.1 Restoration of Former Name.

[ ] Petitioner requests restoration of former name to: [FORMER NAME]

[ ] Respondent requests restoration of former name to: [FORMER NAME]

[ ] Neither Party requests a name change.

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ARTICLE VII — MUTUAL RELEASE AND WAIVER

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7.1 Mutual Release. Except as otherwise provided in this Agreement, each

Party releases and forever discharges the other from all claims, demands, and

obligations arising from the marriage, whether known or unknown.

7.2 Waiver of Claims. Each Party waives any claim to the other's estate,

whether by intestate succession, elective share, or otherwise.

7.3 Estate Planning. Within thirty (30) days of entry of the Final Decree,

each Party shall execute new estate planning documents removing the other Party

as beneficiary, executor, or agent.

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ARTICLE VIII — TAX MATTERS

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8.1 Filing Status. The Parties agree to file [joint / separate / married

filing separately] federal and state income tax returns for tax year _______.

8.2 Tax Refunds and Liabilities. Any refund or liability shall be:

[ ] Divided equally

[ ] Allocated in proportion to each Party's income

[ ] Awarded to [PARTY]

8.3 Dependency Exemptions. [If children:] The dependency exemptions for

the minor children shall be allocated as follows: [SPECIFY]

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ARTICLE IX — GENERAL PROVISIONS

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9.1 Full Disclosure. Each Party represents that they have made full and

fair disclosure of all assets and liabilities and has not concealed any

property or debt.

9.2 Voluntary Execution. Each Party acknowledges that they have entered

into this Agreement freely and voluntarily, without duress, coercion, or

undue influence.

9.3 Independent Legal Advice. Each Party acknowledges that they have had

the opportunity to consult with independent legal counsel and has either done

so or voluntarily waived that right.

9.4 Integration. This Agreement contains the entire understanding of the

Parties and supersedes all prior agreements, whether oral or written.

9.5 Modification. This Agreement may only be modified by a written

instrument signed by both Parties and approved by the Court.

9.6 Severability. If any provision of this Agreement is held invalid or

unenforceable, the remaining provisions shall remain in full force and effect.

9.7 Governing Law. This Agreement shall be governed by and construed in

accordance with the laws of the State of Tennessee.

9.8 Incorporation into Decree. This Agreement shall be incorporated into

the Final Decree of Divorce by reference and shall have the same force and

effect as a decree of the Court.

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SIGNATURES

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The Parties acknowledge that they have read this Agreement in its entirety,

understand its terms, and agree to be bound by them.

_________________________________ _________________________

[PETITIONER SIGNATURE] Date

[PETITIONER FULL NAME, printed]

Address: [ADDRESS]

[CITY, STATE ZIP]

Phone: [PHONE]

Email: [EMAIL]

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[RESPONDENT SIGNATURE] Date

[RESPONDENT FULL NAME, printed]

Address: [ADDRESS]

[CITY, STATE ZIP]

Phone: [PHONE]

Email: [EMAIL]

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NOTARY ACKNOWLEDGMENT — PETITIONER

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STATE OF TENNESSEE

) ss.

COUNTY OF ______________

Before me, the undersigned Notary Public, personally appeared [PETITIONER NAME],

known to me (or proved on the basis of satisfactory evidence) to be the person

whose name is subscribed to this instrument, and acknowledged that they executed

the same for the purposes therein stated.

WITNESS my hand and official seal this ___ day of _____________, 20___.

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Notary Public

My Commission Expires: _______________

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NOTARY ACKNOWLEDGMENT — RESPONDENT

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STATE OF TENNESSEE

) ss.

COUNTY OF ______________

Before me, the undersigned Notary Public, personally appeared [RESPONDENT NAME],

known to me (or proved on the basis of satisfactory evidence) to be the person

whose name is subscribed to this instrument, and acknowledged that they executed

the same for the purposes therein stated.

WITNESS my hand and official seal this ___ day of _____________, 20___.

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Notary Public

My Commission Expires: _______________

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COURT APPROVAL

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This Marital Dissolution Agreement is hereby approved and incorporated into

the Final Decree of Divorce by reference.

______________________________ _________________________

Judge Date

[CIRCUIT / CHANCERY] COURT

[COUNTY] COUNTY, TENNESSEE

Case No.: _______________

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