In Tennessee, you might have signed a marital dissolution agreement (MDA), but have decided you don’t want to get divorced on the terms in the MDA. You are probably going to want to stop the uncontested divorce and may want to revoke or rescind your agreement to get divorced. This is something that you can do prior to the divorce is finalized by the Judge. After the divorce is finalized, it becomes very difficult to overturn a MDA. See Beem v. Beem.
Some of the of the reasons this can happen:
1. you have buyer’s remorse.
2. you didn’t have an attorney and you figured out that you are getting messed over
3. you decided you didn’t want to get divorced
4. you found out your spouse is lying and you want to rework the deal
One way or another, revoking the MDA can be done even if you signed the dang thing. If you are revoking the MDA, you really need an attorney. The process is to immediately inform the court that you no longer agree to get divorce because if you don’t the other side may use your MDA to get divorced. Generally, your attorney will file a notice with the court that you are rescinding your agreement or revoking the MDA.
Once you do this, you are almost certainly going to send the divorce contested. It is going to make the other side made and probably cost you more money. Sometimes this is worth it, but don’t make the decision to revoke your MDA haphazardly.
Now, the signed MDA may be used against you later at the final hearing. The other side can use your agreement as evidence against you. They will probably file a Motion to Enforce the MDA, which means that they will ask the court to enforce the MDA regardless of you not wanting the divorce to proceed. This generally won’t happen because a Tennessee divorce is going to require your agreement, unless the other side has been hurt by your signing the MDA. Either way, get ready for a fight. At Phillips Law, PLLC, we are ready to help you with that fight.