Court of Appeals clarifies what constitutes mediation duress and that no hearing is necessary for entry of a Final Decree of Divorce based upon Irreconcilable Differences

Tennessee Bar Association Seeking to Delay Public Disclosure of Divorce Filings
January 5, 2015

Lori Kay Jones Trigg v. Richard Darrell Trigg

In an irreconcilable differences divorce case the trial court entered a final judgment of divorce without either party appearing that incorporated the parties’ mediated marital dissolution agreement (both of the parties’ attorneys were present apparently).

Shortly thereafter, Husband filed a motion to set aside or to alter or amend the final judgment, claiming he was under duress when he entered into the marital dissolution agreement and also claiming that the trial court was required to conduct a hearing before entering the final judgment.

The trial court disagreed and denied Husband’s motion, leaving the parties divorced based upon their irreconcilable differences and incorporating their mediated agreement. The Court of Appeals agreed with the trial court and found the Husband’s appeal frivolous.

via Lori Kay Jones Trigg v. Richard Darrell Trigg | Tennessee Administrative Office of the Courts.