Your Separation Agreement will only be considered in court if it is fair to both parties, so ensure that you divide all assets and debts in a way that leaves neither spouse unjustly better off than the other. Spousal Support: Spousal support, or alimony, may be included in a Separation Agreement. It is usually paid from one spouse to another to assist in maintaining an accustomed financial lifestyle. The length and amount of alimony depends on:. If you can come to an agreement regarding the amount and length of spousal support payments, and it is fair and reasonable to both parties, then it's likely the same alimony arrangements will be incorporated in your divorce judgment.
Child Support: Child support can be negotiated and included in your Separation Agreement. It must be reasonable and fair to each parent and their financial circumstances. If you can agree upon an amount, the payment dates, and the length of payments, you may include it on your Separation Agreement for consideration. However, the courts will have the discretion to decide what is in the best interest of the child.
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Texas Divorce: Dividing Property
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Separation Agreement Children. Children Do you and your spouse have children together? Yes No. Is there at least one child financially dependent on you? A child is usually considered financially dependent up to the age of 19 and after 19 where the child is attending an educational institution on full-time basis or has a disability. Back Create My Document Skip this step for now.
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Dividing Property and Debt During Divorce FAQ
The formatting will change when printed or viewed on a desktop computer. Due to certain differences that have developed between the Parties, they agree to live separate and apart from each other, subject to the terms and conditions in this Agreement. The Parties have made complete, fair and accurate disclosure to each other on all financial matters reflected in this Agreement.
The terms of this Agreement are intended to settle the matters addressed, but it will not be incorporated into a final decree of divorce. The Parties agree that a subsequent separation agreement will have to be made and duly incorporated into a final decree of divorce.
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The Parties have each consulted an attorney with regards to his or her legal rights arising out of the marital relationship and the terms of this Agreement. The Parties have each voluntarily entered into this Agreement and have not been forced by anyone to sign this Agreement, and both the Parties confirm that they are in sound mental health. Neither Party will attend the other's living space or work without invitation or approval.
The Parties agree that the grant of sole legal custody to one Party does not deprive the other Party of access to information regarding the children. Child support payments will commence on November 8, and will be paid on the 8th day of each and every month. The Parties agree that each will provide the other a copy of their income tax return and any notices of assessment and re-assessment issued, on an annual basis.
Dividing Marital Assets
Subject to the laws of Alabama, child support payments, contributions to uninsured health care costs, child care costs, additional costs, and the maintenance of health insurance will continue as long as a child is under the age of majority and financially dependent on the parents. Both Parties expressly waive any claim to spousal maintenance now and in the future, regardless of any change in circumstances experienced by either Party.
ASSETS The Parties acknowledge that they have agreed upon a division of all assets, owned or possessed by them as marital property or separate property. The Parties are in possession of all of those assets to which each is respectively entitled.
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Accordingly, neither makes any claim to any assets in the possession of the other. DEBTS The Parties agree that any indebtedness secured against, or attributable to, any item of property that either Party is receiving under this Agreement will be the sole responsibility of the Party receiving the particular property. Neither Party will incur any further debt or liability on the other Party's credit. Any debt accumulated as of the date of this Agreement is the debt of the individual Party, regardless if the debt was incurred as a result of joint credit. This Agreement contains the entire agreement between the Parties about their relationship with each other.
It replaces any earlier written or oral agreement between the Parties. Should any portion of this Agreement be held by a court of law to be invalid, unenforceable, or void, such holding will not have the effect of invalidating or voiding the remainder of this Agreement, and the Parties agree that the portion so held to be invalid, unenforceable, or void, will be deemed amended, reduced in scope, or otherwise stricken only to the extent required for purposes of validity and enforcement in the jurisdiction of such holding.
The spouses are simply claiming that their marriage is irretrievably broken due to irreconcilable differences. Many states have completely done away with fault-based divorce and now only allow no-fault divorces. If you are filing your case in one of these states, then your agreement will automatically specify that you are seeking a no-fault divorce.
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If you are not in one of the states listed above, then you will have the option of specifying whether you want a divorce based on fault or no-fault grounds. If you think that you and your spouse can come to an agreement on the terms of your divorce settlement agreement, then it will be easier for you to request a no-fault divorce. This is because no-fault divorces do not require you to go through the tricky process of trying to prove that one of the spouses is at fault.
However, there are some reasons why a fault-based divorce could be more desirable. For instance, courts may take into account the fault or bad behavior of one of the spouses when determining the following: how to divide the marital property; which spouse will have physical and legal custody of any minors; and how much alimony should be awarded, if any.
Also, note that it is possible for the spouse that is at fault to not contest the grounds for divorce by admitting his or her own fault.
How it works
Common fault-based grounds for divorce include adultery, abandonment, cruel and inhumane treatment, habitual drunkenness or drug use, and felony conviction. Most states require that one or both spouses have resided in the state for a certain amount of time before they can file for divorce in that state. The residency requirement is usually six months to a year. However, review this chart if you are unsure of whether you meet the residency requirement in your state. You may also search online or call the county Clerk of Court if you need more help figuring this out.
A divorce settlement agreement puts everything you and your soon-to-be ex-spouse have agreed upon into writing and can be formalized by the court. Even if you both agree, you will need to complete this documentation to complete your divorce. Other common names for a divorce settlement agreement include the following:. The agreement is designed to lay out the conditions of your divorce and any agreements you have reached with your former partner. A divorce settlement agreement could cover child support, custody, alimony, and even the division of your personal property, shared property, and debts.
Your divorce settlement agreement should cover everything that is important to you, including custody of your children, child support payments, alimony, and the separation of your property, such as your family home, vehicles, and other assets. Your divorce settlement agreement is about more than just the things you own; it should also cover your debts and expected expenses.
If you have kids, everything from paying for braces and related expenses to college savings and tuition needs to be included. If you own pets, even the custody of your animals can be defined in this document. By drafting a comprehensive agreement that covers as many eventualities as you can, you end up with a document that clearly outlines your rights and responsibilities after your marriage.
If something is important to you, it should be included in your divorce settlement agreement. It depends on where you live and whether your divorce is contested or uncontested. If you both agree on everything, you can be divorced in as little as three months, depending on your location. Some states have a mandatory separation or waiting period before a divorce can be finalized. If one party cannot be found or does not agree, your divorce could take up to two years to be complete.
The more you agree and the less acrimonious your divorce is, the faster and easier it will be to complete. In an uncontested divorce , you both agree to divorce and you come up with settlement terms you can both live with without a trial or court intervention. An uncontested divorce is not dispute or negotiation free; it simply means you were able to reach an agreement without resorting to having a judge making the decisions for you.
There are some clear benefits to an uncontested divorce, including less stress for both parties, lower costs, and a faster resolution. In a contested divorce , one party either does not want to divorce at all or the spouses simply cannot agree on the terms.
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Common areas of dispute include child custody, child support, alimony, and the division of property. When you cannot reach an agreement, you will need to head to court for a judge to decide on these points for you. A contested divorce takes longer, costs more, and is generally more stressful and hostile than an uncontested divorce. In some countries, a marriage ceremony is necessary before a couple can call themselves legally married in the traditional sense.
It is different in the United States, as most states do not require this formality. The main requirements for a traditional marriage are that you be no less than 18 years old; sign a certificate of marriage in the presence of a minister, judge, or another authorized person; and obtain a marriage license from the state. These requirements apply in all 50 states, with only slight differences here and there.
However, it is not always quite as simple as that. Not all states recognize common law marriages. Although most states do not recognize same-sex marriages in common law, this has started to change after the federal government legalized same-sex marriages in To prove the existence of a common law marriage in the states that permit it, you need to provide evidence that you have lived together for a certain length of time, which is usually two or three years.