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 terms without court involvement. It addresses property distribution, spousal support, and child custody, and is submitted to a judge for approval before becoming final.
Do I Need a Lawyer?
Legal counsel isn't required for uncontested divorces, but having attorneys review provides protection and ensures compliance with state laws.
How to Write a Divorce Agreement
1. List Parties & Marriage Information
- Name petitioner and respondent
- Note military service status (affects USFSPA considerations)
- Include marriage date and location
- Document separation date
2. Provide Spousal Support Details
Specify alimony terms including:
- Payment amount
- Start and end dates
- Modification possibilities
Factors influencing alimony:
- Income disparities
- Marriage length
- Spouses' ages and health
- Lifestyle during marriage
- Employment history
Note on Life Insurance: Life insurance is optional for the paying spouse but highly recommended.
3. Explain Child Custody Situation
Three custody options:
- One spouse has sole legal and physical custody
- Spouses share legal custody; one has primary physical custody
- Spouses share both legal and physical custody
4. Detail Child Visitation Rights & Expense Sharing
Covers:
- Visitation frequency and types (holidays, weekends, overnights)
- Transportation cost division
- Child support arrangements
- Support modification provisions
5. Divide the Marital Home & Other Property
Addresses three scenarios:
- One spouse becomes sole owner
- Spouses maintain joint ownership
- Property sale with profit distribution
Additional property covered:
- Personal property
- Vehicles
- Real estate other than primary residence
6. Record Financial Arrangements
Includes decisions on:
- Joint bank account division
- Joint debt allocation
- Business interests
- Pension/retirement account division
- Tax liability responsibility
7. Finalize Details
Covers supplementary provisions:
- Name restoration
- Digital asset division
- Pet custody
- Support waiver options
- Governing state law selection
8. Obtain Signatures & Notarization
- Both spouses sign before notary public
- Notarization required for authenticity
- Optional: witnesses present for added validity
- Court filing location specified