The divorce settlement made in open court is binding
Tennessee case summary on divorce procedure.
Divorce settlement made in open court is binding, even if not reduced to writing.
Brant Heath Grimm v. Michelle Lester Grimm
The husband filed for divorce in September 2022 in Hawkins County, Tennessee. The trial was scheduled for July 2023. However, while waiting for the trial to begin, both parties settled. The trial court approved the agreement after finding it fair. Three days later, but before the agreement could be reduced to written form, the wife filed an notice of revocation. The court released her attorney two days later and gave the wife sixty days to find another lawyer. In September, the court conducted a hearing where it held the wife accountable to the agreement reached earlier. The wife claimed that she had not been notified and did not attend the hearing. The wife tried to have it thrown out on these grounds, but the motion was denied. She then appealed the case to the Tennessee Court of Appeals. The appeals court ruled that the appeal was filed in time.On merits, the woman argued that the contract was not reduced to written form. The husband took the position that there was a final agreement, and both parties testified as to their agreement.
The wife cited a 1987 case holding that an oral agreement could be rescinded.
But, the Court of Appeals pointed out an important difference. Unlike the 1987 case where the parties announced their agreement openly and stipulated its fairness, in this case the parties announced their agreement publicly. The agreement in this case was also accepted by the court. The appeals court ruled that the 1987 case is not applicable for these reasons. The appeals court affirmed that the agreement is binding for these reasons. The opinion of the Court of Appeals is written by Judge Kristi Davis.
