Q: I live in Tennessee and want to file divorce papers with no lawyer... but?
We have no children. We have no real property together. I have the paper work and it says something about retirement and not being able to file for agreed divorce with a plan. My husband has a retirement plan. But I don’t want it or anything from it and I’m not the beneficiary I just want The divorce. I can’t afford a lawyer and neither can he. We’ve agreed on EVERYTHING else.(division of debt and personal property). So, can I still file for an agreed divorce even though he has the retirement plan?
A: yes, however, under Tennessee law, you may be entitled to some portion of the retirement plan, and it may not be a wise decision to walk away from that money. Do you even know how much the plan is worth? You may regret it later on, especially at retirement age. However, if you are completely sure you don't want your share of it, then you can still get an uncontested divorce without a lawyer. The marital dissolution agreement (MDA- it might also be called a property settlement agreement must state that husband will retain sole ownership of any/all pension/retirement benefits. Again, I strongly suggest you consult an experience divorce lawyer before you sign off on these benefits.
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