Murfreesboro, TN asked in Divorce and Child Support for Tennessee

Q: Uncontested divorce with child support agreement and no 401(k) division in Tennessee.

I am going through an uncontested divorce after 7 years of marriage. We have two young children and have already put a child support agreement in place. We are not seeking to divide either party's 401(k). What should we be aware of in the divorce process given these circumstances?

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2 Lawyer Answers

A: Typically the courts in the State of Tennessee will sign off on a property division agreement. It should be in a Marital Dissolution Agreement that is signed by each party before a notary. A child support agreement will be more heavily scrutinized. You need to download a Tennessee child support calculator and and a Permanent Parenting Plan and fill ehem out. If there is a deviation, due to incomes that are far apart, then you need to explain that to the court.

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Answered

A: In an uncontested divorce with children, your main focus should be ensuring that the child support agreement is clear and fair, as well as confirming custody arrangements. Since you've already agreed on child support, you’ll want to make sure the terms are detailed in the divorce decree, including how the support will be paid and any modifications for future circumstances.

Since you're not dividing 401(k) accounts, it's important to explicitly state this in the divorce agreement to avoid any future misunderstandings. Both parties should confirm that no retirement benefits are being divided, as failing to address this could lead to confusion down the road.

Finally, ensure that the custody and visitation arrangements are outlined clearly in the decree. Although the divorce may be uncontested, the court will still need to review and approve the agreements, so it’s a good idea to go over everything carefully to make sure all aspects of the divorce are finalized properly. You may want to have a lawyer review your paperwork before submission to ensure everything is in order.

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