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Free Divorce Agreement Templates

When divorcing, it is not unusual for spouses to disagree on many issues such as child custody and property division. It can lead to more time, money, and resources than necessary. To prevent this from happening, it is beneficial for the couple to enter into a divorce agreement that gives directives on how the separation will be handled. This prevents conflicts and streamlines the divorce process such that each spouse becomes aware of their roles and responsibilities. The article discusses the intricacies of a divorce agreement and how to create one.

Divorce Agreement

A divorce agreement is an agreement that sets out the terms of how a couple intends to split their marital property (assets), liabilities, and marital obligations upon divorce. The contract will discuss child support, alimony, custody arrangements, and property distribution. The document ought to be created before the divorce decree or during the divorce process, and it has to be signed off or approved by a judge before it can be put into effect. The terms of the agreement will vary depending on the couple’s situation.

Alternative names

The alternative names of a divorce agreement include:

  • Marriage Settlement Agreement
  • Divorce Settlement
  • Divorce Settlement Agreement
  • Divorce Contract
  • Divorce Document
  • Proposed Divorce Decree

Reasons to use

A divorce agreement is used in cases where a couple is particular about the divorce and agrees on how their marital property and responsibilities should be shared. It is also beneficial when the couple wants to create a personalized plan for the division of property so that each spouse can negotiate the divorce terms. Divorce agreements are also used in situations where the couple is still in contact with each other such that they can discuss the way forward in a divorce. Also, the agreement is created to outline how property and obligations should be distributed in cases where the couple intends to meet with a divorce attorney jointly. The attorney can use it as a reference document when representing the couple.   

Steps to Negotiate a Divorce

Divorce can be very contentious, especially when property and children are involved. Therefore, the couple should agree on how they will divide their property and expenses.

Below are steps that may help avoid a costly legal battle by using a divorce agreement:

Search for an attorney

The couple should hire legal counsel from any local law firm or reliable legal websites to help them through the divorce process. This is because legal experts can advise the parties on their rights concerning property and liabilities. The lawyer can also help them obtain legal advice on approaching other issues that may arise, such as alimony, child custody, or division of property.

Meet and make a strategy

Meet up with the selected attorney and devise a strategy based on the prerequisites of the separation. A good strategy will state the legal basis and approach you will use to negotiate and divide your property and liabilities. This step will require you to present documentation such as financial statements, income tax returns for the previous two years, and financial disclosure of each spouse’s assets and liabilities. The attorney can then advise on how child support and alimony will be divided based on the evidence presented. In addition, the lawyer can suggest different ways of dividing assets and liabilities between the couple.

Contact the spouse’s legal counsel

After creating a draft of your proposed separation strategy with the attorney, it is time to contact your spouse’s legal counsel. Send them the draft to go through the stipulated wants and needs.

Schedule a meeting

Next, both parties should meet to discuss the separation. At this stage, all assets, debts, and bank accounts should be declared to ensure everything that ought to be divided is made known.

Start negotiating

Each party should then articulate its aims in the process of divorce. For example, the couple may come up with a list of areas they want to achieve from this process, such as child custody, division of property, and alimony. Ideally, everything is usually up for negotiation. Identify areas of agreement. Both parties must understand each other’s perspectives and what is required at this stage. A pragmatic negotiation should be conducted, and as such, avoid using emotion as a basis to make your case. Since negotiations can be done simultaneously with the divorce proceedings, the judge can voice their opinion on matters that derail the proceedings.

Sign the agreement

Once the parties have agreed on the terms and created the divorce agreement, it is time to sign it. The divorce agreement has to be in writing and signed by both spouses to be legally recognized by all states.

Visit court

When the document is adopted and executed, the next step is to file it with the court. Upon thorough review, the judge reviews the agreement to ascertain it is fair to all parties.

Get a divorce decree

After filing the divorce agreement, you should apply for a divorce decree. Once the divorce judgment has been issued, the divorce agreement becomes a part of the court order. Divorce decrees are typically issued within 30 days of the final divorce proceedings. After that, it is sent to both parties through the mail.

Ways to Divide Property between Spouses

How a couple can divide their property varies depending on the divorce circumstances. All states have laws that govern divorce, and as such, these laws are used as a basis for creating rules to be applied in cases where the couple has no prenuptial agreement.

Below are some common approaches to dividing marital property and assets between spouses:

Equitable distribution law

Equitable distribution is based on the fair distribution of property and responsibilities. It is not to be confused with equal distribution of property. This distribution is governed by the Uniform Marriage & Divorce Act § 307Barr v. Commissioner, 10 T.C. 1288 (1948)IRM 25.18.1.3.5 (Annulment). For the “fair” distribution of property, certain factors have to be taken into consideration by the court; these include the length of the marriage, the financial contribution of each spouse towards the acquisition of marital property, the assets and debts of each spouse, and the employability of each spouse after the divorce.

Equitable distribution law is applied in 41 states in the U.S., including:

  • Alaska
  • Arkansas
  • Alabama
  • Connecticut
  • Delaware
  • Colorado
  • Florida
  • Hawaii
  • Illinois
  • Georgia
  • Indiana
  • Iowa
  • Kansas
  • Massachusetts
  • Maryland
  • Kentucky
  • Maine
  • Michigan
  • North Dakota
  • Ohio
  • Oklahoma
  • Mississippi
  • Missouri
  • Minnesota
  • Montana
  • New Hampshire
  • New Nebraska
  • Jersey
  • North Carolina
  • New York
  • Oregon
  • Pennsylvania
  • Rhode Island
  • Carolina
  • South Dakota
  • South
  • Tennessee
  • Vermont
  • Virginia
  • West Virginia
  • Utah
  • Wyoming

Community property law

With community property law, the court considers each asset and liability assumed by either party/spouse since the start of the marriage as marital property. As such, this property is divisible to either spouse as directed by the court. This property division approach is stipulated under IRM 25.18.1.2.2 (Community Property Law). The community property system is used in nine states: Arizona, California, Louisiana, New Mexico, Idaho, Texas, Nevada, Washington, and Wisconsin.

What is Alimony?

Alimony (also called spousal support) is the money paid by one spouse to the other based on a formula stipulated by the courts.

Alimony is usually written as a percentage of each spouse’s gross income. The amount of alimony payable depends on the length of their marriage (years), each spouse’s earning capacity (income), and the number of dependents. Alimony is usually decided during negotiations between the parties and declared in the divorce agreement for the judge’s approval. The spouse with a higher income will typically pay alimony for the stipulated period.

What is Child Support?

Child support is a financial/monetary payment made by one parent (typically non-custodial) to the other (custodial parent) to cover the child’s expenses.

The amount is determined by the respective state’s child support guidelines. The legal guidelines on child support are defined differently from state to state, and spouses should consult the applicable laws before signing the divorce agreement.

The factors that determine child support include the number of children aged below 18 years, the income of the custodial and non-custodial parent, health care insurance costs, day-care expenses, and custody percentage of each parent.

Failure to pay stipulated child support is punishable under state law. It was observed that an estimated 66% of expected child support was collected. Non-paying parents will usually be punished in the following ways:

  • Having their income withheld.
  • Incurring interest or fines on the money owed.
  • Driver’s license being suspended
  • Passport denial
  • Jail time – for example, the 18 U.S. Code § 228 law directs that if the paying parent resides in a different state, failure to pay child support for one year and owing at least $5,000 is punishable by fines and jail time of a maximum of six months. However, a repeat offence may lead to two years of jail time.

Some of the common reasons that cause non-payment of child support among fathers, according to a 1997 survey, are as follows:

  • 38% reported lack of money as a cause
  • 23% indicated it is a result of a lack of visitation rights
  • 14% claimed the lack of control over how the money is spent
  • 13% stated they did not want the child(ren)
  • 12% reported not being the biological father as the reason

Note that parents can claim child tax benefits. Custodial parents are considered the default beneficiaries under the Tax Cuts and Jobs Act and can thus declare the child(ren) as dependents while filing taxes. The IRS awards child tax benefits to qualifying custodial parents amounting to a $2,000 maximum, where $1400 is refundable even if the eligible parent doesn’t report any federal income. Alternatively, if the non-custodial parent claims the children as dependents, they must complete form 8332 and attach it to form 1040 when filing their returns.

Custodial Vs. Non-Custodial

The custodial parent is the one who maintains full-time physical custody of their child. The non-custodial spouse is the parent who does not have but may have part-time physical custody of their child or visitation rights. The non-custodial parent will typically be obligated to pay child support.

Using a Divorce Agreement Template

The general aim of a divorce agreement is to avoid confusion by eliminating the lack of direction and clarity in the divorce process. The agreement should outline each spouse’s expectations from their partner.

The following are some items on how one may draft a divorce agreement template:

Parties’ name and marriage date

The divorce agreement should indicate the names of both parties. It should also highlight when the couple got married. This information should match the details used when registering the marriage with the government.

Separation date

The separation date should be noted clearly. This was the date when the divorce agreement was reached and signed. However, the date of the final divorce decision is usually not provided. This date marks the official separation of the couple and can be used for reference in the future.

Minor child of the couple

Minor children should be listed at the commencement of the divorce agreement. It is best to enlist how many minor children are there and their ages. Remember to indicate if there is a custody arrangement or if a specific parent has been responsible for dealing with the child’s issues. Legal and physical custody can be sole or shared as deemed fit. Legal custody involves making decisions regarding health, education, and religious affiliation on the child’s behalf. Physical custody involves who gets to live with the child.

Financial Disclosure

The divorce agreements should indicate whether the couple intends to disclose their financial details or not. Financial information includes incomes, bills, debts, bank accounts, savings, etc. Both parties should be open to disclosing their finances. This will help make an informed decision on how property and assets should be split.

Spousal support

Spousal support (alimony) can be awarded if it is deemed fair or legally required. However, it is not mandatory, so the agreement should clarify whether alimony will be issued or not. If the alimony is paid, it should be clear when payments should commence, which party (wife or husband) should pay, and which party will be the recipient. The divorce agreement should also show if the alimony payments are in perpetuity or for a fixed term and the amount to be paid every pay period. The end date should be outlined if payments are for a fixed period.

Health insurance

In the divorce agreement, the parties should be clear about whether the spouses will get independent/separate health insurance covers or one spouse will provide it for the other. The agreement should clearly show who the issuing spouse is and who the recipient is. It should also show the different types of health insurance, for example, medical, dental, vision care, etc., so that the applicable health insurance is specified. 

Marital home

The divorce agreement should indicate if the couple owns a marital home or not. It should also clarify ownership, whether it is owned separately or jointly. The agreement should also outline the current living arrangement of the couple to clarify who resides in the identified marital home. Lastly, the agreement should state what will happen to the marital home after the divorce whether it can be sold or not.

Husband and wife’s property

The property that shall fall under the husband’s ownership and property that shall fall under the wife’s ownership should be clarified in two separate lists. This includes jointly owned properties, houses, cars, and other assets.

Balance division

If payment is required to balance the property’s value divided after the divorce, it should be clarified in the divorce agreement. Balancing the division is needed when it is impossible to divide the physical assets equitably. The agreement should indicate who will be making the payment and who will be the receiving party. The amount and due date should also be stated. If the payment isn’t needed, the agreement should state that.

Husband and wife’s liabilities

The agreement should indicate how liabilities (debts) shall be assigned after the divorce. This is done by outlining the spouse’s liabilities (debts) in two separate lists, the husband’s and wife’s liabilities.

Retirement benefits

Next, the divorce agreement should indicate whether the couple had a retirement plan or not. If yes, the retirement plan should be indicated and then state to whom it will be assigned upon divorce. It can be assigned to the husband or wife. 

Legal name change

The couple should also be clear on whether they will change names after the divorce or not. If a name change is required, the agreement should show the new name of the spouse – for example, if the wife will be changing their name, it must show that the wife is changing their name and to what name.

Child support

The agreement should also indicate who will look after the child’s needs and who will decide for the child’s wellbeing (in case of a joint custody arrangement). It should also clarify if the child is to reside with one parent or both (joint and sole custody). This will require indicating the number of minor children, names, dates of birth, future children (if any), physical custody agreement (joint or sole), and visitation rights of each spouse. The visitation schedule can be modified to suit the convenience of both parents.

The divorce agreement should also clarify if notice is needed if either spouse wants to change residence to the point that it influences custody arrangement and schedule. The number of days needed for the notice should be stated. If a change of residence won’t be allowed, the agreement must show the maximum number of miles either spouse is allowed to move without the other spouse’s consent. If either parent pays child support, the agreement should indicate the amount, due date every month, and starting date.

Additional terms and conditions

Next, the couple should know what additional terms and conditions each see fit. Again, this is for settling disputes and any additional terms that don’t fall under other headings.

Signatures and date

The husband and wife should sign the divorce agreement. The agreement should also state the date on which it was signed and its validity as of that date.

Divorce Agreement Templates

Marital Settlement Agreement

    U.S. States

    Alabama Marital Settlement
    Alaska Marital Settlement
    Arizona Marital Settlement
    Arkansas Marital Settlement
    California Marital Settlement
    Colorado Marital Settlement
    Connecticut Marital Settlement
    Delaware Marital Settlement
    Florida Marital Settlement
    Georgia Marital Settlement
    Hawaii Marital Settlement
    Idaho Marital Settlement
    Illinois Marital Settlement
    Indiana Marital Settlement
    Iowa Marital Settlement
    Kansas Marital Settlement
    Kentucky Marital Settlement
    Louisiana Marital Settlement
    Maine Marital Settlement
    Maryland Marital Settlement
    Massachusetts Marital Settlement
    Michigan Marital Settlement
    Minnesota Marital Settlement
    Mississippi Marital Settlement
    Missouri Marital Settlement
    Montana Marital Settlement
    Nebraska Marital Settlement
    Nevada Marital Settlement 
    New Hampshire Marital Settlement
    New Jersey Marital Settlement
    New Mexico Marital Settlement
    New York Marital Settlement
    North Carolina Marital Settlement
    North Dakota Marital Settlement
    Ohio Marital Settlement
    Oklahoma Marital Settlement
    Oregon Marital Settlement 
    Pennsylvania Marital Settlement
    Rhode Island Marital Settlement
    South Carolina Marital Settlement
    South Dakota Marital Settlement
    Tennessee Marital Settlement 
    Texas Marital Settlement
    Utah Marital Settlement 
    Vermont Marital Settlement
    Virginia Marital Settlement
    Washington Marital Settlement
    Washington DC Marital Settlement
    West Virginia Marital Settlement
    Wisconsin Marital Settlement
    Wyoming Marital Settlement 

      Effective Practices for Writing a Divorce Agreement

      The repercussions of poorly or incorrectly executing a divorce agreement are dire as they may include long legal battles that would be expensive and time-consuming. It is therefore vital to go about the divorce process as seamlessly as possible.

      Below are some practices to aid in this process:

      Consider using a mediator

      A mediator is a person who will help the parties to iron out issues that may arise during divorce proceedings. As a result, mediation helps resolve issues quicker and in a calmer manner. Using a mediator can also be beneficial when there are minors, as they would feel more comfortable tabling their issues with an impartial third party than their parents, who are already in a tense relationship. In addition, honest responses can foster mutually beneficial solutions.

      Fully disclose the information 

      Disclose all information and data that is material and relevant to the divorce proceedings. This will allow for a smooth and speedy process with minimal errors. Therefore, mention all gifts, real estate, accounts, inheritances, etc. Withholding information can potentially result in lawsuits in the future. 

      Frequently Asked Questions

      Can a marital settlement agreement be modified?

      Yes. The divorce agreement can be modified as long as the modifications are agreed on by the couple and approved by the court. Modification is typically done when a substantial change in circumstance occurs, such as loss of employment.

      Can a judge make changes to a marital settlement agreement?

      Presiding judges can amend the divorce agreement before approving it. Judges will generally modify the agreement to make it fairer and more equitable. After the divorce is finalized, the judge will only make changes when this is requested by one party to the agreement.

      Does a marital settlement agreement remain confidential?

      The confidentiality of the divorce will vary from jurisdiction to jurisdiction. For example, in California, couples can hire private judges to officiate the divorce or file a memorandum to legalize their separation if the court permits it.

      What happens if you violate a divorce agreement?

      The separation agreement is a legally binding contract. As such, parties in a divorce agreement can be held legally accountable for failing to comply with the terms of the agreement. The plaintiff may file a motion in court, have the judge review the case, and impose penalties, for instance, fines and jail time if the defendant is found guilty.

      What paperwork do I need to file to ask for a divorce?

      The paperwork needed to ask for a divorce lawfully varies from state to state. However, the shared documents asked by courts are dissolution of marriage petition, divorce/settlement agreement, parenting/custody plan/schedule (if you have children), court cover sheet if needed, and summons to be served to the other spouse.

      Do we need to enter or complete an agreement before we separate?

      Not necessarily. A divorce agreement can be finalized any time before the final divorce decree. This means it can be before or after the separation or even a few minutes to the final court date.

      What if we resolve everything before going to court?

      If all matters are resolved in the divorce agreement, all you will have to do is present the agreement before a judge. The judge goes over the terms and arrangements in the agreement to ensure they are fair to both parties. If they approve the agreement, it becomes a binding court order. It is thus added to the final divorce decree.

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