Free Divorce Agreement Template

What Is a Divorce Agreement?

A divorce agreement or divorce settlement agreement is a binding contract that describes the rights and duties of spouses dissolving their marriage. Spouses write it together to settle divorce terms without relying on a court ruling. They use it to agree on property distribution, spousal support, and child custody.

Once spouses sign the marital settlement agreement, they submit it to a judge. The judge reviews it to decide whether it’s fair for both parties and complies with state laws. Upon court approval, the contract becomes part of the divorce decree, which officially finalizes the divorce.

Do I Need a Lawyer to Write a Divorce Agreement?

You don’t need a lawyer when writing a divorce agreement, especially when dealing with an uncontested divorce. However, you and your spouse can benefit from having your own attorneys. Lawyers will review the document to ensure fairness and compliance with state laws.

Spouses have flexibility when writing divorce agreements. For example, you can waive alimony or divide property unequally. However, state laws still dictate some elements, like ensuring that child custody arrangements fulfill the child’s best interests.

You and your spouse can start writing your divorce agreement with Legal Templates. Our step-by-step form ensures you include all the key details. Then, consider seeking independent counsel to review the contract. They can help protect your interests and ensure the contract gains judicial approval.

How to Write a Divorce Agreement

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

Sample Divorce Settlement Agreement

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.

What Happens After a Divorce Settlement Agreement Is Signed?

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.

What Other Divorce Papers Do I Need?

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.