Free Divorce Agreement Template

Before you start writing a divorce agreement, take a few crucial steps. First, check if you and your spouse have a prenuptial or postnuptial agreement, since those documents may affect what you can include in the settlement. Then, look into your state’s divorce laws, which might override specific terms if they don’t follow legal requirements.

Finally, consider your financial needs after the divorce and how the agreement can help meet them. Once you’ve reviewed everything, you can start writing a divorce settlement that works for both parties.

1. List Parties & Marriage Information

Name the petitioner (the spouse filing the divorce petition) and the respondent (the spouse being served the petition). Note if either spouse is in the US Armed Forces. Military divorces follow the Uniformed Services Former Spouses’ Protection Act (USFSPA), which affects retirement pay, benefits, and support. Courts may consider military status and benefits available to each spouse when reviewing the fairness of a divorce agreement.

Also, include information about the marriage. Specify when you and your spouse got married and the location. Note when you and your spouse began living “separate and apart.” State definitions of living “separate and apart” vary, but it may involve sleeping separately and not joining finances. The definition you use should be in accordance with your state’s laws on separation.

2. Provide Spousal Support Details

Spousal support, or alimony, is the financial support one spouse gives to another after a divorce. In your contract, specify which party will receive spousal support, if any. State the amount, the date payments will begin and end, and whether they can modify it.

Courts award alimony based on state laws and personal factors that relate to the need for support after the marriage ends. Common factors that influence alimony in a divorce settlement include the following:

• Disparities in income
• Length of the marriage
• The age and health of the spouses
• One spouse’s accustomed lifestyle during the marriage
• One spouse’s ability to meet their financial needs based on their education, employment history, and income sources

Alimony can also be for specific purposes, like helping a spouse gain employment or education. This is known as rehabilitative alimony. Some courts award alimony to cover certain expenses from the marriage.

Does the Paying Spouse Need Life Insurance?

Life insurance is optional for the paying spouse but highly recommended. If they pass away but have a life insurance policy, the alimony payments will continue. Consider adjusting the policy based on the amount of alimony that is owed.

Our form lets you indicate whether the paying spouse must have this policy. We also help you specify the required minimum amount and how long the paying spouse must maintain the policy.

3. Explain the Child Custody Situation

Name any children that you and your spouse have together. Decide what the ideal custody situation will be regarding legal (decision-making) and physical (day-to-day care) custody. Our template provides three options for you to choose from:

• One spouse has sole legal and physical custody
• Spouses share legal custody, but one spouse has primary physical custody
• Spouses share legal and physical custody

You and your spouse can agree on any situation, but the court will scrutinize it to ensure that it is best for your children’s well-being. You should be specific as to the custodial schedule in order to avoid future confusion.

4. Detail Child Visitation Rights & Expense Sharing

If you and your spouse don’t share physical custody equally, you can outline visitation rights. Determine how often the non-custodial parent (the parent without primary physical custody) can see the child. Our form lets you indicate decisions, such as whether the non-custodial parent has visitation rights:

• On holidays or during the summer months and vacations
• For overnights on weekdays
• For overnights on weekends

You can fill in your own rules for visitation rights as needed. Our template also lets you specify how spouses share transportation costs for visits.

Still, you can highlight how you will divide expenses for your children. These can include expenses for medical insurance, tuition, and child support. In addition, you can outline any special responsibilities, like covering costs for special needs care or extracurricular activities. You may also just state a monthly support amount to be paid by the non-custodial parent. Consider including support modification clauses based on future events.

5. Divide the Marital Home & Other Property

Record the address of the marital home (if the spouses own one together) and decide how to distribute it. Depending on your and your spouse’s decision, you’ll have to specify specific details:

• If one spouse will be the sole owner: Indicate who will reside in the home.
• If the spouses will continue joint ownership: Specify who will reside there. Clarify if the residing spouse can live there indefinitely or if they can only live there for a certain period until the home is sold. Include terms stating how expenses such as the mortgage and property taxes will be paid under joint ownership.
• If the spouses decide to sell the home: Indicate which spouse will receive the net profits. If they will share the profits, assign percentages to each.

You can also use your divorce settlement agreement to highlight the division of other property. This includes personal property, vehicles, and real property other than the marital residence.

6. Record Financial Arrangements

Outline financial arrangements that will come after a divorce. For example, you can decide on these matters:

• How to divide joint bank accounts
• How to divide joint debts
• How to divide closely held businesses
• Whether one spouse will become responsible for the other spouse’s debt
• Whether to divide interest in pension or retirement accounts
• Who will be responsible for tax deficiencies from previous years

7. Finalize Details

Specify any additional provisions not covered in the agreement’s clauses. For example, you can restore one spouse’s former last name or decide on dividing digital assets or pet custody. You can also waive spousal support or child support through any applicable state Central Depository Payment Program.

Choose which state’s laws will govern the agreement. These laws can be referenced if a dispute arises about the contract’s enforcement.

8. Obtain Signatures & Notarization

Have both spouses sign the agreement before a notary public. Notary acknowledgment is required for the document’s authenticity. While witnesses are unnecessary, you may consider having them present during signing to increase the document’s validity.

Indicate on your contract whether it will be filed in what court. Depending on your state’s guidelines, different filing locations could include these courts:

• Circuit court
• District court
• County court
• Family court
• Superior court

Review our divorce agreement sample to understand what terms to include. Then, create your own using our printable divorce agreement template and download the final copy in PDF or Word format.

This is a document preview. Your customized version will be created after you answer a few quick questions.

State of ______________

DIVORCE AGREEMENT

This Divorce Agreement (this “Agreement”) is made and entered into as of this ______ day of

_______________, 20______, (the “Effective Date”) by and between:

Petitioner: ________________________ [Name], residing at __________________________________

_____________________ [Address] in _____________________ County (“Petitioner”) and

Respondent: ________________________ [Name], residing at ________________________________

_____________________ [Address] in _____________________ County (“Respondent”).

WHEREAS, Petitioner and Respondent were married to each other on or about the ______ day of

___________________ [Month], _________ [Year], in _____________________ County,

__________________________________________ [City/State], and;

WHEREAS, Petitioner and Respondent separated on or about the ______ day of

___________________ [Month], _________ [Year], and are currently living separate and apart; and

WHEREAS, (Check one)

☐ Both Petitioner and Respondent are currently members of the United States Armed Forces; and

☐ Petitioner is currently a member of the United States Armed Forces; and

☐ Respondent is currently a member of the United States Armed Forces; and

☐ Not applicable

WHEREAS, a full and complete financial disclosure has been made by the parties to each other of

all their respective assets, both joint and separate, the accuracy and truthfulness of which forms the basis

of this Agreement, and;

WHEREAS, both parties have given much thought and careful consideration to a settlement of their

differences and have determined that they are irreconcilable, and;

WHEREAS, it is the desire and intention of the parties that their relations with respect to property

and financial matters be finally fixed by this Agreement.

NOW THEREFORE, Petitioner and Respondent freely and fully accept the provisions, terms and

conditions hereof and in consideration of the promises and mutual covenants herein contained as well as

for other good and valuable considerations not herein specifically set forth, the parties do hereby agree to

the following:

1. Spousal Support. It is expressly agreed by the parties herein that each party relinquishes or waives

any right or interests they have had as alimony, support or maintenance from the other, except as

provided within the terms of this Agreement. This Agreement will replace any and all previous

agreements between the parties which may have been entered into between said parties, and

supersedes any temporary orders of any court which may be in effect.

Party to pay for spousal support (Check one)

☐ No one will pay spousal support. In consideration of the above, and having regard for the parties’

circumstances, including the duration of their marriage and the parties’ skills, the parties herein

specifically waive and relinquish any right to any form of spousal support, alimony or maintenance.

Neither party shall receive spousal support from the other. The parties further waive any future right to

modification of spousal support of any kind, temporary, permanent, periodic, rehabilitative, lump sum or

any combination or form thereof, whether that right be provided by statute or any other regulation.

☐ Respondent will pay for spousal support. Respondent shall pay: (Check one)

☐ For a number of years. Respondent shall pay support in the sum of $______________ per

month beginning ____________________, 20______ and continuing to be paid on the first day

of each month thereafter for a total period of __________ years. Such spousal support payments

shall automatically terminate upon the final payment hereunder, Petitioner remarriage or the

death of either party. The spousal support shall be taxable to Petitioner and deductible by

Respondent. The spousal support shall be (Check one) ☐ modifiable ☐ non-modifiable.

☐ Until Petitioner remarries or dies. Respondent shall pay to Petitioner permanent periodic

spousal support in the sum of $______________ per month beginning ____________________,

20______ and continuing to be paid on the first day of each month thereafter. Such spousal

support payments shall automatically terminate upon Petitioner's remarriage or the death of either

party. The spousal support shall be taxable to Petitioner and deductible by Respondent. The

spousal support amount shall be (Check one) ☐ modifiable ☐ non-modifiable.

☐ Petitioner will pay for spousal support. Petitioner shall pay: (Check one)

☐ For a number of years. Petitioner shall pay support in the sum of $______________ per

month beginning ____________________, 20______ and continuing to be paid on the first day

of each month thereafter for a total period of __________ years. Such spousal support payments

shall automatically terminate upon the final payment hereunder, Respondent remarriage or the

death of either party. The spousal support shall be taxable to Respondent and deductible by

Petitioner. The spousal support shall be (Check one) ☐ modifiable ☐ non-modifiable.

☐ Until Respondent remarries or dies. Petitioner shall pay to Respondent permanent periodic

spousal support in the sum of $______________ per month beginning ____________________,

20______ and continuing to be paid on the first day of each month thereafter. Such spousal

support payments shall automatically terminate upon Respondent 's remarriage or the death of

either party. The spousal support shall be taxable to Respondent and deductible by Petitioner.

The spousal support amount shall be (Check one) ☐ modifiable ☐ non-modifiable.

Life Insurance (Check one)

☐ Not applicable

☐ Respondent will pay for spousal support and carry a life insurance policy. To guarantee a

portion of the spousal support, Respondent will obtain and maintain at his/her sole expense a term life

insurance policy insuring his/her life in the amount of $______________ with Petitioner being the

beneficiary. This policy shall be in full force and effect for: (Check one)

☐ __________ years from the execution of this Agreement, after which time Respondent shall

have no further obligation to maintain such policy and may terminate such policy as deemed

appropriate.

☐ As long as Respondent is obligated to pay spousal support under this Agreement, after which

time Respondent shall have no further obligation to maintain such policy and may terminate such

policy as deemed appropriate.

☐ Petitioner will pay for spousal support and carry a life insurance policy. To guarantee a portion

of the spousal support, Petitioner will obtain and maintain at his/her sole expense a term life insurance

policy insuring his/her life in the amount of $______________ with Respondent being the beneficiary.

This policy shall be in full force and effect for: (Check one)

☐ __________ years from the execution of this Agreement, after which time Petitioner shall

have no further obligation to maintain such policy and may terminate such policy as deemed

appropriate.

☐ As long as Petitioner is obligated to pay spousal support under this Agreement, after which

time Petitioner shall have no further obligation to maintain such policy and may terminate such

policy as deemed appropriate.

2. Distribution of Real Property. (Check one)

☐ The parties do NOT currently own a marital home.

☐ The parties currently own the real property located at ______________________________________

(the "Marital Residence"). (Check one)

☐ Petitioner will be the sole owner. It is agreed that Respondent has vacated the Marital

Residence or shall vacate the Marital Residence. It is further agreed that Petitioner shall assume

sole ownership of the Marital Residence, and Respondent will transfer and release any right, title,

claim or interest he/she may have in or to such Marital Residence.

☐ Respondent will be the sole owner. It is agreed that Petitioner has vacated the Marital

Residence or shall vacate the Marital Residence. It is further agreed that Respondent shall

assume sole ownership of the Marital Residence, and Petitioner will transfer and release any

right, title, claim or interest he/she may have in or to such Marital Residence.

☐ The parties have joint ownership and Petitioner will reside in the marital home. It is

agreed that the parties shall continue to own the home jointly. It is further agreed that Respondent

has vacated the Marital Residence or shall vacate the Marital Residence, and Petitioner may

continue to reside in the Marital Residence (Check one) ☐ for a period of time not to exceed

__________ years from the date of this Agreement. At the expiration of this __________ year

period, the parties agree to place the Marital Residence up for sale with a licensed real estate

broker to be agreed upon by the parties ☐ indefinitely.

☐ The parties have joint ownership and Respondent will reside in the marital home. It is

agreed that the parties shall continue to own the home jointly. It is further agreed that Petitioner

has vacated the Marital Residence or shall vacate the Marital Residence, and Respondent may

continue to reside in the Marital Residence (Check one) ☐ for a period of time not to exceed

__________ years from the date of this Agreement. At the expiration of this __________ year

period, the parties agree to place the Marital Residence up for sale with a licensed real estate

broker to be agreed upon by the parties ☐ indefinitely.

☐ The marital home will be sold. The parties agree to place the Marital Residence up for sale

with a licensed real estate broker to be agreed upon by the parties.

Net proceeds from sale of marital home

(Check one if applicable)

☐ Petitioner shall receive the net proceeds from the sale of such home.

☐ Respondent shall receive the net proceeds from the sale of such home.

☐ The net proceeds of such sale shall be divided between the parties with Petitioner receiving

__________% of the net proceeds and Respondent receiving __________% of the net proceeds.

Mortgage of marital home

(Check one if applicable)

☐ Petitioner shall be solely responsible for payment of the monthly mortgage payment on the Marital

Residence.

☐ Respondent shall be solely responsible for payment of the monthly mortgage payment on the Marital

Residence.

☐ The parties shall share responsibility for payment of the monthly mortgage payment on the Marital

Residence. Petitioner shall pay __________%of the monthly payment and Respondent shall pay

__________% of the monthly payment, and each party agrees that payments shall be timely paid to the

designated mortgagor.

Maintenance and repairs

(Check one if applicable)

Further, ☐ Petitioner shall be responsible for __________% and Respondent will be responsible for

__________% of ☐ Petitioner shall be solely responsible ☐ Respondent shall be solely

responsible for all other expenses associated with the maintenance and upkeep of the Marital Residence

such as utilities, lawn care and routine repair of appliances, etc.

Major repairs

(Check one if applicable)

Any substantial repair or exterior repair such as something structural or associated with the roof

maintenance shall paid ☐ __________% by Petitioner and __________% by Respondent

☐ by Petitioner ☐ by Respondent.

OTHER real property

(Fill out and check one if applicable)

The parties currently own the real property, NOT the Marital Residence, located at

________________________________________, which shall: (Check one)

☐ Become the sole property and responsibility of Petitioner.

☐ Become the sole property and responsibility of Respondent.

☐ Be placed for sale with a licensed real estate broker to be agreed upon by the parties.

Net proceeds of other real property (Check one)

☐ Petitioner shall receive the net proceeds from the sale of such property.

☐ Respondent shall receive the net proceeds from the sale of such property.

☐ The net proceeds of such sale shall be divided between the parties with Petitioner receiving

__________% of the net proceeds and Respondent receiving __________% of the net proceeds.

3. Bank and Other Financial Accounts. (Check one)

☐ The parties do NOT have joint bank or other financial accounts.

☐ The parties agree to divide all bank accounts and other financial accounts as provided below:

A. Petitioner shall retain any account in his/her name as his/her sole and exclusive property.

B. Respondent shall retain any account in his/her name as his/her sole and exclusive property.

C. All assets in the joint (Check one) ☐ saving ☐ checking ☐ money market ☐ certificate

of deposit (CD) ☐ other: ________________________________ account located at ___________

________________________________________ [Financial institution], identified by account number

_______________________________ shall be: (Check one)

☐ Retained by Petitioner in his/her name as his/her sole and exclusive property.

☐ Retained by Respondent in his/her name as his/her sole and exclusive property.

☐ Divided equally between the parties.

☐ Divided with __________% to Petitioner and __________% to Respondent.

D. All assets in the joint (Check one) ☐ saving ☐ checking ☐ money market ☐ certificate

of deposit (CD) ☐ other: ________________________________ account located at ___________

________________________________________ [Financial institution], identified by account number

_______________________________ shall be: (Check one)

☐ Retained by Petitioner in his/her name as his/her sole and exclusive property.

☐ Retained by Respondent in his/her name as his/her sole and exclusive property.

☐ Divided equally between the parties.

☐ Divided with __________% to Petitioner and __________% to Respondent.

E. All assets in the joint (Check one) ☐ saving ☐ checking ☐ money market ☐ certificate of

deposit (CD) ☐ other: ________________________________ account located at _____________

________________________________________ [Financial institution], identified by account number

_______________________________ shall be: (Check one)

☐ Retained by Petitioner in his/her name as his/her sole and exclusive property.

☐ Retained by Respondent in his/her name as his/her sole and exclusive property.

☐ Divided equally between the parties.

☐ Divided with __________% to Petitioner and __________% to Respondent.

F. The parties represent that there are no other joint bank or other financial accounts.

4. Personal Property. (Check one)

☐ The parties have previously distributed all of the personal property owned by them together, including

household furnishings and furniture, so that at present, each party is the sole and exclusive owner of any

and all personal property currently in their possession and all rights possessed by the other party in any

such property is hereby and forever waived. ( ☐ A list of the personal property and furnishings

distribution is attached hereto as Exhibit A.)

☐ The parties agree to divide all of the personal property owned by them together, including household

furnishings and furniture, not otherwise already divided (“Marital Property”), as provided below:

A. Petitioner shall retain the following item(s) of Marital Property as his/her sole and exclusive

property:

- _____________________________________________________ [Item], $______________ [Value]

- _____________________________________________________ [Item], $______________ [Value]

- _____________________________________________________ [Item], $______________ [Value]

B. Respondent shall retain the following item(s) of Marital Property as his/her sole and exclusive

property:

- _____________________________________________________ [Item], $______________ [Value]

- _____________________________________________________ [Item], $______________ [Value]

- _____________________________________________________ [Item], $______________ [Value]

C. The following item(s) of Marital Property shall be sold, and the net profits shall be divided (Check

one) ☐ equally between the parties ☐ __________% to Petitioner and __________% to

Respondent:

- _____________________________________________________ [Item], $______________ [Value]

- _____________________________________________________ [Item], $______________ [Value]

- _____________________________________________________ [Item], $______________ [Value]

D. Except as otherwise set forth above, the parties shall each keep and retain sole possession and

ownership of all personal property, including jewelry, they currently possess. Each party shall waive

any interest in the other’s property.

E. The parties represent that there is are no other items of Marital Property to be distributed.

5. Vehicles. (Check one)

☐ There are NO vehicles to be divided.

☐ The parties agree to divide all vehicles as provided below:

A. Petitioner shall retain all of his/her right, title and interest in the following leased/owned vehicle(s):

- Make: __________________________, Model: __________________________,

Color: __________________________, Year: __________________________

- Make: __________________________, Model: __________________________,

Color: __________________________, Year: __________________________

He/she shall be solely responsible for and hold Respondent harmless from the balance of any

lease/finance payments on said vehicle. Respondent shall transfer all of his right, title and interest in

said vehicle, if any, to Petitioner.

B. Respondent shall retain all of his/her right, title and interest in the following leased/owned

vehicle(s):

- Make: __________________________, Model: __________________________,

Color: __________________________, Year: __________________________

- Make: __________________________, Model: __________________________,

Color: __________________________, Year: __________________________

He/she shall be solely responsible for any balance of lease/finance payments on said vehicle.

Petitioner shall transfer all of his/her right, title and interest, if any, in said vehicle to Respondent.

C. Each party shall be solely responsible for the expense, upkeep and maintenance, including

insurance as to each vehicle he/she shall receive as a result of this section, and each shall indemnify

and hold the other harmless as to any claim, demand or cause of action arising out of the use or

possession of such vehicle.

6. Outstanding Debts, Charge Accounts and Credits. (Check one)

☐ Each party is responsible for his/her own debts. Each party agrees to assume any and all debts

and liabilities directly related to any property transferred to him/her pursuant to this Agreement. Each

party shall be solely responsible for his/her own charge accounts, debts, obligations as currently in his/her

own name and fees and costs arising therefrom. Each of the parties hereto represents that he/she has

not contracted and will not hereafter contract any debts, charge or liability in the name or upon the credit

of the other or for which the other or the estate of the other might or could become liable and agrees.

☐ The parties agree to divide all debts and liabilities of the parties as provided below:

A. Petitioner will assume and hold harmless Respondent from the following debt(s):

- Debtor: ________________________________, Creditor: ________________________________,

Description: ______________________________________________________________________,

Account number: ____________________________________, Amount: $______________

- Debtor: ________________________________, Creditor: ________________________________,

Description: ______________________________________________________________________,

Account number: ____________________________________, Amount: $______________

B. Respondent will assume and hold harmless Petitioner from the following debt(s):

- Debtor: ________________________________, Creditor: ________________________________,

Description: ______________________________________________________________________,

Account number: ____________________________________, Amount: $______________

- Debtor: ________________________________, Creditor: ________________________________,

Description: ______________________________________________________________________,

Account number: ____________________________________, Amount: $______________

C. Except as otherwise set forth above, each party shall be solely responsible for his/her own charge

accounts, debts, obligations as currently in his/her own name and fees and costs arising therefrom.

D. Each of the parties hereto represents that he/she has not contracted and will not hereafter contract

any debts, charge or liability in the name or upon the credit of the other or for which the other or the

estate of the other might or could become liable and agrees.

7. Pension and Retirement Plans and Annuities. (Check one)

☐ The parties will not divide interests in pension and retirement plans. Each party hereby waives

and relinquishes any right he/she may have in the others retirement plan, pension plan, 401(k) plan,

individual retirement account, defined contribution or benefit plan, and/or another employer-sponsored

plan, if any.

☐ The parties agree to divide all retirement plans, pension plans, 401(k) plans, individual retirement

accounts, defined contribution or benefit plans, or other employer-sponsored plans (“Retirement

Accounts”) as provided below:

A. Petitioner has the following Retirement Accounts:

- Financial institution: ______________________________________________,

Account name: ______________________________________________,

Account number: ______________________________________________

Respondent shall have __________% of the vested interest in the above account.

- Financial institution: ______________________________________________,

Account name: ______________________________________________,

Account number: ______________________________________________

Respondent shall have __________% of the vested interest in the above account.

B. Respondent has the following Retirement Accounts:

- Financial institution: ______________________________________________,

Account name: ______________________________________________,

Account number: ______________________________________________

Petitioner shall have __________% of the vested interest in the above account.

- Financial institution: ______________________________________________,

Account name: ______________________________________________,

Account number: ______________________________________________

Petitioner shall have __________% of the vested interest in the above account.

C. Except as otherwise set forth above, each party hereby waives and relinquishes any right he/she

may have in the others Retirement Accounts.

8. Income Tax. Except as set forth herein, each party shall be responsible for his/her own income tax

liabilities together with interest, penalties and fees, if any and shall file individually beginning: (Check one)

☐ With the year _________________ [Year].

☐ The year the divorce decree becomes final.

Any additional tax assessments, penalties and interest to be paid on any and all prior joint income tax

returns files by the parties shall be paid by (Check one) ☐ Petitioner ☐ Respondent ☐ both

parties equally.

9. Former Name. (Check one)

☐ The parties will NOT get a legal name change.

☐ Petitioner shall be known by his/her former name of ________________________ and does hereby

request any court considering this Agreement to order restoration of that name.

☐ Respondent shall be known by his/her former name of ________________________ and does

hereby request any court considering this Agreement to order restoration of that name.

10. Waiver of Dower and Inheritance Rights. Each of the parties releases and waives any and all

homestead, dower, curtesy, community property, equitable distribution and any other rights, title or

interest either party has or may claim to have against the other arising out of or in any way connected to

the marriage or the dissolution of the marriage. The parties acknowledge that this Agreement

substantially has equitably distributed all such marital assets appropriately. Each of the parties releases

and waives any and all right to receive any property or rights from the estate of the other party, unless

such right is created under a will or codicil to will dated subsequent to the effective date of this

Agreement.

11. Bankruptcy. The rights, obligations and responsibilities provided in this Agreement shall not be

dischargeable in bankruptcy.

12. Legal Representations. Each party has had the opportunity to have independent counsel and legal

advice of his/her own selection in the negotiation of this Agreement. Each party fully understands the

facts and has been fully informed as to his/her legal rights and obligations.

13. Fees and Costs. Each party shall be solely responsible for his/her respective attorney’s fees and

costs incurred as a result of the negotiation of this Agreement or the dissolution of marriage proceeding.

However, in the event that either party shall retain or engage an attorney or attorneys to collect or enforce

or protect his/her interest with respect to this Agreement, the prevailing party shall be entitled to receive

payment of all costs and expenses of such collection, enforcement or protection, including reasonable

attorneys' fees.

14. Full Disclosure. Each party hereby represents that there has been a full, complete, current and

accurate disclosure of all financial matters by each party to the other. The parties understand that these

representations are material to this Agreement and that the other party is relying upon the representations

made by them. Both parties acknowledge that this Agreement is based upon such full, complete, current

and accurate disclosure. By executing this Agreement, each party acknowledges that this is a fair

Agreement and it is not the result of any fraud, duress, or undue influence exercised by either party upon

the other or by any other person or persons upon either.

15. Free and Voluntary Execution. The parties hereto declare that they have fully read and fully

understand the provisions contained in this Agreement and believe this Agreement to be fair, just and

reasonable. Each party is signing this Agreement freely and voluntarily, without undue influence, fraud,

collusion or misrepresentation, and intend to be bound by it.

16. Living Apart. Upon the execution of this Agreement, the parties may and shall live separate and

apart from each other the remainder of their natural lives in all respects as if and as though their said

marriage had never existed and neither party shall have the right to control the personal actions or

conduct of the other party, nor to interfere with the manner of living of the other as fully and to the same

extent as if such party were single and unmarried, except where otherwise mandated by this Agreement.

17. Reconciliation. In the event the parties reconcile and do not live apart for any period of time, this

Agreement and the obligations of the parties hereunder will remain in full force and effect unless

expressly revoked or terminated by the parties in writing.

18. Further Assurances. Each party shall execute, acknowledge or deliver any instrument, paper or

document, furnish any information or take such other actions as reasonably may be necessary in

connection with the performance of the obligations set forth in this Agreement.

19. Modifications and Amendments. This Agreement may only be amended or modified or deemed

amended or modified by an agreement in writing duly signed by the parties or by any court of competent

jurisdiction.

20. No Waiver. Any non-written waiver by either party of any provision of this Agreement or any right or

option hereunder shall not be controlling, nor shall it prevent such party from thereafter enforcing such

provision, right or option. The failure of either party to insist in any one or more instances upon the strict

performance of any of the terms or provisions of this Agreement by the other party shall not be construed

as a waiver or relinquishment for the future of any such term or provision, but the same shall continue in

full force and effect.

21. Governing Law. This Agreement shall be construed and governed in accordance with the laws of the

State of _________________.The parties agree that in the event it shall become necessary to enforce

this Agreement or any term hereof, the parties shall first attempt to mediate the issue with a certified

mediator to be mutually agreeable to each. In the event that the parties are unable to mediate the issue,

either party shall thereafter be free to seek the enforcement of this Agreement in the applicable court of

competent jurisdiction.

22. Admissibility. This Agreement or a copy of the same may be introduced in evidence by either party

to this cause, and the court is requested to make the same a part of any final order or final judgment

entered in this cause. This Agreement will be construed as being jointly prepared and written by all

parties hereto.

23. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable in whole

or in part, the remaining provisions shall not be affected and shall continue to be valid, legal and

enforceable as though the invalid, illegal or unenforceable parts had not been included in this Agreement.

24. Mutual Release. Except as provided in this Agreement, each party releases the other from all claims,

demands due, debts, rights, or causes of action in contract, tort or otherwise up to the date of this

Agreement.

25. Headings. The section headings herein are for reference purposes only and shall not otherwise affect

the meaning, construction or interpretation of any provision of this Agreement.

26. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the

parties and their respective legal representatives, heirs, administrators, executors, successors and

permitted assigns.

27. Entire Agreement. This Agreement contains the entire understanding of the parties, who hereby

acknowledge that there have been and are no representations, warranties, covenants, or understandings

other than those expressly set forth herein.

28. Miscellaneous. ___________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date.

Petitioner Signature

Petitioner Full Name

Respondent Signature

Respondent Full Name

Signed in the presence of:

First Witness

First Witness Signature

(date)

First Witness Name

First Witness Address

First Witness City, State and Zip Code

Second Witness

Second Witness Signature

(date)

Second Witness Name

Second Witness Address

Second Witness City, State and Zip Code

NOTARY ACKNOWLEDGEMENT

State of _________________ )

) ss:

County of _________________ )

The foregoing instrument was acknowledged before me this ______ day of _______________,

20______, by the undersigned, ________________________, who is personally known to me or

satisfactorily proven to me to be the person whose name is subscribed to the within instrument.

_____________________________________

Signature

_____________________________________

Notary Public

My Commission Expires: ________________

State of _________________ )

) ss:

County of _________________ )

The foregoing instrument was acknowledged before me this ______ day of _______________,

20______, by the undersigned, ________________________, who is personally known to me or

satisfactorily proven to me to be the person whose name is subscribed to the within instrument.

_____________________________________

Signature

_____________________________________

Notary Public

My Commission Expires: ________________

EXHIBIT A

Once the parties sign their settlement agreement, the document goes to the court for final approval. Judges usually approve the agreement if it follows the law and doesn’t create unfair hardship for either spouse. Once approved, the agreement becomes an enforceable contract under the divorce decree.

Whether you can change a divorce agreement after signing depends on the reasons. If you and your spouse agree to change it and haven’t submitted it to the court, you can draft a new agreement and get it signed and notarized.

After submitting your contract to the court, modifications become more challenging. They usually require a legal basis, and you may need to show proof of incomplete financial disclosures, changes in a spouse’s income, or remarriage. If you request a modification and file a formal motion with the court, a judge may be able to make changes to your divorce agreement. To avoid issues, review your agreement carefully before signing.

At Legal Templates, we provide a divorce settlement agreement template to help you address key aspects of your divorce. While it is a crucial document, there are other important papers required to start and finalize the process. We’re here to guide you by explaining the other divorce papers you may need. This way, you can navigate the rest of the paperwork smoothly.

• Petition for divorce (or complaint for divorce): A legal request asking the court to end a marriage.
• Proof of service: Evidence that the divorce petition was given correctly to the non-filing spouse.
• Summons: A legal notice of the petition that requires the served spouse to respond.
• Financial affidavit: A disclosure of a spouse’s finances, including debts and income.
• Child custody and child support documents: Papers outlining living arrangements, decision-making authority, and financial support for children.
• Child custody evaluation: An assessment to determine custody based on the child’s best interests.
• Notice of hearing: A formal notice to attend a court session to address specific issues.
• Divorce decree: The official court order confirming the marriage’s end.

How to Get Divorce Papers

Visit the website of the court that handles divorce and family matters in your area. It may be your local family, circuit, or superior court. Their website will likely have the divorce petition you’ll need to start the process, in addition to other divorce-related paperwork.

Can I Get Divorced Without a Settlement Agreement?

Yes, you can get divorced without a settlement agreement. Without one, you lose some control over the situation, and the judge will decide important issues like asset division, alimony, and child custody based solely on state laws. With one, you can have more influence in these matters, but the final decision still lies with the court.