Marital Settlement Agreements

A marital settlement agreement lays out the terms of the divorce and the relationship between the two spouses once the divorce is finalized. These provisions within these agreements usually cover child custody, child visitation, division of assets and debts, confirmation of separate property, spousal support, attorney fees and costs and any other relevant issues related to the divorce.

Having a marital settlement agreement is not a prerequisite to obtaining a judgment for divorce, however, it may have benefits in that it can:

Lay out all of the agreements in writing in hopes to limit ambiguity if properly drafted by an attorney.

The spouses may not have to go to court if they reach a full agreement on all issues in the divorce, as a judge can approve the agreement if it’s written correctly and covers all the requisite aspects of the divorce.

Your case will move more quickly though the system in that you will not have to have a long drawn out or costly trial.

Marital settlement agreements can be entered into at any time before the final judgment and, if this occurs, they are generally incorporated as part of the spouses’ final judgment.

If a spouse has an open Department of Child Support case with the County, the Department of Child Support may have to approve the portion of your judgment as it relates to child support.


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