Divorce Agreement - Online Template Form - Word and PDF Pro · US-law
✓ Valid in United States · drafted to comply with local law
Create your Divorce Agreement - Online Template Form - Word and PDF for use in United States. Answer a few plain-English questions and the document fills in automatically as you go — then download it in Word and PDF, ready to sign or share. This version has been professionally rewritten to comply with local law.
- Answer 41 simple questions — the document fills in as you go
- Live preview: watch your document update in real time
- Download as Word (.docx) and PDF
- Edit your answers and re-download anytime
Fill in the details
0/41Type below — the document on the right updates as you go.
MARITAL SETTLEMENT AND SEPARATION AGREEMENT
State of ________
This Marital Settlement and Separation Agreement (this "Agreement") is made and entered into as of ________, by and between the Parties identified below.
RECITALS:
A. ________, residing at ________, and ________, residing at ________ (known collectively as the "Parties" and individually as a "Party"), were legally married on ________, in the City of ________, the County of ________, State of ________. Due to irreconcilable differences that have arisen between the Parties, they have agreed to live separate and apart from each other, bound by the terms and conditions contained in this Agreement.
B. There ________ (are/are not) minor children born of or adopted during the marriage. If there are minor children, the names and dates of birth of such children are: ________.
C. The Parties have made a full, fair, and complete disclosure to each other of all financial matters discussed in this Agreement, including their respective income, assets, and liabilities.
D. The terms of this Agreement are intended to settle the matters contemplated herein and may be incorporated into, but shall survive, any final judgment or decree of divorce or dissolution of marriage, unless specific changes are subsequently agreed to in writing by the Parties.
E. The Parties have each voluntarily entered into this Agreement and execute the same of their own free will and volition. Each Party affirms that they are of sound mind and legal capacity.
NOW, THEREFORE, IN CONSIDERATION OF the mutual promises and covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
§ I. LIVING SEPARATE AND APART
1. The Parties have lived, or shall live, separate and apart from each other, both physically and emotionally, since ________. Each Party shall be free from interference, authority, and control, direct or indirect, by the other, and neither shall enter the other's residence or place of employment without prior invitation or consent. Each Party may reside at such place or places as they may choose.
§ II. MARITAL RESIDENCE
2. The marital residence owned by the Parties is located at the following address:
________
3. ________ shall transfer, convey, and assign all right, title, and interest in and to the Marital Residence to ________.
4. ________ waives and releases all rights of homestead, equitable distribution, dower, curtesy, and all other rights, titles, and interests, if any, in and to the Marital Residence.
5. ________ has executed or shall execute a quitclaim deed conveying their interest in the Marital Residence within ________ days of the execution of this Agreement, and thereafter ________ shall be solely responsible for paying all mortgages, taxes, insurance, and other encumbrances registered against the Marital Residence.
6. ________ shall indemnify, defend, and hold ________ harmless from and against all obligations and expenses, including reasonable attorneys' fees, arising out of or related to the Marital Residence from and after the date of transfer.
§ III. DIVISION OF ASSETS
7. The Parties acknowledge that they have agreed upon a division of all assets, whether owned or possessed by them as marital property or separate property. Each Party is in possession of, or shall receive, all assets to which each is respectively entitled, as set forth in the schedule of property division attached hereto as ________ and incorporated herein by reference. Neither Party makes any claim to assets allocated to or in the possession of the other.
8. Each Party shall retain, as their sole and separate property, the following described assets:
a. To ________: ________
b. To ________: ________
9. Each Party shall retain their respective retirement accounts, pensions, and other deferred compensation as follows: ________. To the extent any division of a qualified retirement plan is required, the Parties shall cooperate in the preparation and entry of a Qualified Domestic Relations Order (QDRO) in compliance with the Employee Retirement Income Security Act of 1974 (ERISA) and Section 414(p) of the Internal Revenue Code.
§ IV. DEBTS AND LIABILITIES
10. The Parties agree that any indebtedness secured against, or attributable to, any item of property that either Party is receiving under this Agreement shall be the sole responsibility of the Party receiving the particular property, and such Party shall indemnify and hold the other harmless therefrom.
11. The Parties agree to divide their marital debts as set out below:
________
12. From and after the date of this Agreement, neither Party shall incur any further debt or liability on the credit of the other Party, and neither Party shall pledge or attempt to pledge the credit of the other. Any debt accumulated as of the date of this Agreement is the debt of the individual Party who incurred it, regardless of whether the debt was incurred as a result of joint credit.
§ V. SPOUSAL SUPPORT AND MAINTENANCE
13. ________ shall pay spousal support and maintenance to ________ in the amount of $________ (________ dollars) ________. Such payments shall commence on ________ and shall be paid on the ________ day of each applicable period, continuing until ________ (including, without limitation, the death of either Party, the remarriage or cohabitation of the recipient, or such other terminating event as set forth herein).
14. The Parties acknowledge that they have considered the federal income tax treatment of spousal support under the Internal Revenue Code, as amended by the Tax Cuts and Jobs Act of 2017, and have structured this provision accordingly. The tax treatment of the foregoing payments shall be: ________.
§ VI. CHILD-RELATED MATTERS
15. With respect to any minor children of the Parties, matters of legal and physical custody, parenting time, and child support shall be governed as follows: ________. The Parties acknowledge that all provisions relating to the care, custody, support, and welfare of minor children are subject to review, approval, and modification by a court of competent jurisdiction in accordance with the best interests of the children and applicable state law, and that the right of a child to support may not be waived or bargained away by the Parties.
§ VII. EQUITABLE DISTRIBUTION AND PROPERTY RIGHTS
16. The Parties covenant and agree that they are aware of the equitable distribution and community property laws of the State of ________, and it is their intention that such laws shall not apply to the status, ownership, interest, and division of their property, whether jointly or separately owned, nor to their future property, whether real or personal, owned by either one or both of them. The Parties further covenant and agree that it is their desire and intent, by the terms of this Agreement, to make a full and final settlement of all matters of property, both real and personal, previously, presently, or hereafter owned or acquired by either of the Parties.
§ VIII. DOWER, CURTESY, AND HOMESTEAD RELEASES
17. Each Party releases all dower, curtesy, and homestead rights under any statute of the State of ________, or any other jurisdiction whatsoever, that, but for this Agreement, each would have in and to property in the name of the other, or in their names jointly or as tenants in common.
§ IX. MUTUAL RELEASE OF ESTATE CLAIMS
§ X. INDEPENDENT LEGAL ADVICE
§ XI. FULL DISCLOSURE
20. Each Party warrants and represents that they have made a full and accurate disclosure of their respective income, assets, and liabilities, and that they have not concealed any material fact. Each Party acknowledges that they have relied upon such disclosure in entering into this Agreement and that this Agreement may be set aside in the event of any material misrepresentation or fraudulent concealment.
§ XII. GENERAL RELEASE
21. Except as otherwise provided herein, each Party releases all claims whatsoever and however arising, whether under the laws of the State of ________ or any other jurisdiction, whether arising by statute or at common law, including actions founded on constructive trust, resulting trust, or unjust enrichment, which such Party may now or hereafter have, acquire, or be entitled to against the property of the other Party, however and whenever acquired, including without limitation real property, personal property, any income from such property or assets, and any increase in value of such property, or against the estate of the other Party. If any such action should be brought, the provisions of this Agreement may be pleaded as a full and complete defense thereto.
§ XIII. GENERAL PROVISIONS
22. The Parties shall promptly sign and deliver to each other all documents reasonably necessary to give full force and effect to the terms of this Agreement.
23. This Agreement contains the entire agreement between the Parties regarding the subject matter hereof and supersedes any prior written or oral agreement between the Parties.
24. Should any portion of this Agreement be held by a court of competent jurisdiction to be invalid, unenforceable, or void, such holding shall not invalidate or void the remainder of this Agreement, and the portion so held shall be deemed amended, reduced in scope, or stricken only to the extent required for purposes of validity and enforcement.
25. This Agreement may be amended only by a writing signed by both Parties after each has had the opportunity to obtain independent legal advice regarding the changes.
26. In the event a dispute arises regarding this Agreement, the Parties shall attempt in good faith to resolve the matter through negotiation or mediation before initiating any court action.
27. Notwithstanding that the Parties acknowledge their circumstances may change for any reason, including the passage of time, it is nonetheless their intention to be bound by the terms of this Agreement at all times, subject to the continuing jurisdiction of the court over matters relating to minor children.
28. The Parties agree to act with the utmost good faith and fair dealing toward each other in all aspects of this Agreement.
29. The Parties agree to execute such further documentation as may be reasonably required to give full force and effect to each term of this Agreement.
30. The headings in this Agreement are for convenience only and form no part of the substantive provisions hereof.
31. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, executors, administrators, successors, and assigns.
32. If the Parties reconcile, the terms of this Agreement shall remain in full force and effect unless the Parties revoke it in writing signed by both of them.
33. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Signatures transmitted electronically or by facsimile shall be deemed original signatures.
34. This Agreement shall be governed by and construed in accordance with the laws of the State of ________, without regard to its conflict of laws principles, and the Parties consent to the exclusive jurisdiction and venue of the courts located in the County of ________, State of ________ for any proceeding arising out of or relating to this Agreement.
IN WITNESS WHEREOF, the Parties have duly executed this Agreement as of the date(s) set forth below.
SIGNED by ________:
_________________________________
________
____________________
DATE
In the presence of:
_________________________________
WITNESS
_________________________________
WITNESS
SIGNED by ________:
_________________________________
________
______________
DATE
In the presence of:
_________________________________
WITNESS
_________________________________
WITNESS
NOTARY ACKNOWLEDGMENT
State of: ________
County of: ________
On this ________ day of ________, ________, before me, the undersigned Notary Public in and for said County and State, personally appeared ________, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the foregoing Agreement, and acknowledged to me that they executed the same of their own free will and volition, without any force, duress, or undue influence by any Party, for the purposes therein contained.
WITNESS my hand and official seal.
______________________________
NOTARY PUBLIC
My commission expires: ________
NOTARY ACKNOWLEDGMENT
State of: ________
County of: ________
On this ________ day of ________, ________, before me, the undersigned Notary Public in and for said County and State, personally appeared ________, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the foregoing Agreement, and acknowledged to me that they executed the same of their own free will and volition, without any force, duress, or undue influence by any Party, for the purposes therein contained.
WITNESS my hand and official seal.
______________________________
NOTARY PUBLIC
My commission expires: ________
Fields you complete are inserted into the document live. This template is general guidance only — not legal advice.