Summary
If your ex-spouse has not complied with the Marital Dissolution Agreement (MDA) regarding marital debt, you can file a motion to enforce the agreement in Knox County Chancery Court. Gather evidence of non-compliance, such as account statements showing unchanged balances, to support your case. You may also consider scheduling a hearing to seek relief from the judge. Alternatively, mediation or filing for contempt of court are options if non-compliance persists. Mediation can be a less formal and cost-effective solution, while filing for contempt may lead to penalties for willful disobedience of the court order. Consider consulting local legal resources or online templates to assist with the process.Full Conversation
My divorced was recently finalized in chancery court (Knox county, TN). Per the Marital dissolution agreement, my ex wife must assume half of our marital debt. She can do this any way she wants, but it essentially requires getting my name off the associated accounts or paying them to where that account is at a zero balance. She had 30 days to comply and she has not. It has been thirty days. I think I need to file a motion with the court to enforce the MDA. What do you think the next step is?
Hey ****! Filing a motion to enforce the Marital Dissolution Agreement (MDA) in the chancery court seems like a reasonable next step. You might also need to gather evidence that shows she hasn't complied with the agreement. Have you considered consulting a local attorney to help with this process?
Yes. Don’t really have the funds. I finished the divorce pro se. was hoping to continue pro se. It’s very easy to see she hasn’t complied because all the accounts she is to pay have the same balance. Those specific accounts were to be completely taken by her, therefore I would not be required to pay any amount towards them. Since they have a balance and show no payments, it is clear she has taken no action.
Hey ****! Since you're looking to handle this pro se, here are a few steps you can consider:
- Prepare a motion to enforce the Marital Dissolution Agreement (MDA).
- Gather evidence showing non-compliance, like account statements.
- File the motion in Knox County Chancery Court.
You might find online resources or local legal aid helpful in drafting your motion. Would you like more guidance on how to file the motion or gather evidence?
Yes to both
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Hey ****! Here are some steps you can follow to prepare and file your motion:
- Drafting the Motion: Use online templates or legal aid resources to draft your motion. Clearly outline the non-compliance and request enforcement of the MDA.
- Gathering Evidence: Collect account statements showing the balances and lack of payments. These will be crucial in proving non-compliance.
- Filing the Motion: Submit your motion to the Knox County Chancery Court. Check their website or contact them for filing instructions and fees.
Would you like more detailed guidance on any of these steps?
Yes. I am asking for relief from the judge, so I assume I need to schedule a hearing.
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Hey ****! Scheduling a hearing is an essential part of seeking relief from the judge. Here’s a quick guide:
- Draft the Motion: Clearly state your request for enforcement and relief in the motion.
- File the Motion: Submit it to Knox County Chancery Court and inquire about scheduling a hearing.
- Prepare for the Hearing: Gather all evidence and be ready to present your case.
Would you like more specific details on how to schedule the hearing?
Yes
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Hey ****! To schedule a hearing at Knox County Chancery Court, follow these steps:
- Contact the court to inquire about available dates for hearings.
- Submit your motion with a request to schedule a hearing.
- Follow instructions provided by the court for hearing dates and preparation.
If you need more detailed guidance, feel free to ask!
What are other options I have if my ex is not in compliance with the MDA
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Hey ****! If your ex is not in compliance with the MDA, besides filing a motion, you might consider:
- Mediation: Attempt to resolve the issue through mediation, which can be less formal and cheaper than court.
- Contempt of Court: If non-compliance continues, you may file for contempt, which can lead to penalties.
Would you like more information on the mediation process or filing for contempt?
What is the difference in filing for contempt of court versus filing a motion to enforce the MDA?
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Hey ****! Here's a brief comparison between filing for contempt of court and a motion to enforce the MDA:
- Motion to Enforce MDA: It requests the court to enforce the terms of the Marital Dissolution Agreement, ensuring compliance.
- Contempt of Court: It accuses the other party of willfully disobeying the court order, potentially leading to penalties or sanctions.
Would you like more details on either option?
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