My husband and I came to an agreement on the MDA and parenting plan, signed it and had it notarized, filed it on August 15th, 2016. On September 29th, he hired a lawyer and filed a counter complaint. Somehow this divorce is still dragging out 8 months later. We have done mediation and depositions and discovery and his lawyer postponed trial again last week. I'm just wondering how this even happened in the first place since I thought you only have 30 days to file a counter complaint in Tennessee.
There is a requirement to file an Answer to the Complaint within 30 days, but a Counter-Complaint can be filed at any time. If you had a signed MDA and Parenting Plan, then it is up to the judge on whether or not those are enforceable to finalize the divorce. I am sorry you are going through this. Sometimes, albeit rarely, courts set aside a signed MDA or Parenting Plan if there are reasons to set aside such as fraud, duress, mutual mistake, etc. I would suggest you hire an attorney or at least consult with an attorney in your area.
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A parenting plan is not final until a judge signs it, so if the judge had not entered it yet, your husband can withdraw his consent to that parenting plan. If the issue is property division or anything else in the MDA, if you do not have an attorney I would recommend that you talk to one as soon as possible.
This answer is offered as a public service for general information only and may not be relied upon as legal advice.
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