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Free Divorce Agreement Template - PDF & Word

A Divorce Agreement is a written document that details the arrangement two divorcing spouses have concerning the division of assets, spousal support, and if applicable, child support and child custody.

You may want to use a Divorce Agreement if, for example, you and your partner have separated and want to formally agree on how you will divide property, any debts, and any childcare responsibilities as you divorce.

Table of Contents

What is a Divorce Agreement?
‌How to Write a Divorce Agreement
Tips for Writing a Divorce Agreement
Sample Divorce Agreement Template
Divorce Agreement Frequently Asked Questions

What is a Divorce Agreement?

A Divorce Agreement is a written document between separating spouses that outlines, with specificity, all the agreements between two parties concerning the division of their property, assets, debts, and arrangements for the custody, care, and support of their children, if any, once their divorce becomes final.

A Divorce Agreement may be known by other names, including:

Divorce Settlement Agreement
Divorce Settlement
Divorce Document
Divorce Contract
Marriage Settlement Agreement
Proposed Divorce Decree

‌How to Write a Divorce Agreement

Step 1 – Provide Parties and Marriage Information

The first section of a Divorce Agreement should contain the details of both parties and their marriage.

Petitioner and Respondent Information

The petitioner is the spouse who filed the divorce petition. The respondent is the spouse who has been served the divorce petition. You should include the contact details of both the petitioner and respondent. Each party should specify whether they’re a member of the United States Armed Forces.

If you are a member of the United States Army, Marine Corps, Navy, Air Force, or Coast Guard, you will be covered under the Uniformed Services Former Spouses’ Act (USFSPA). The USFSPA provides guidance on how to treat retirement pay, commissary, exchange, and health benefits. It also provides guidance on issues such as child support and spousal support.

A court would consider whether or not either spouse is a member of the armed forces when deciding if the settlement is fair.

Former Name

If one party would like to restore their former or maiden name, they can make that request in this agreement.

Marriage Date and Location

You should specify when you and your spouse got married and the location.

Current Status

For no-fault divorces, some states require that the parties have been living “separate and apart” for a certain amount of time before a divorce can be granted. Establishing the date of separation in this agreement can help establish this period if required.

Keep in mind that living “separate and apart” does not necessarily mean the parties have to live in different places. At its minimum, it means that they cannot be physically intimate. A lot of times one spouse is monetarily disadvantaged in the relationship so it’s not always possible to live separately until the divorce has been granted.

Step 2 – Provide Spousal Support Information

Spousal support, or alimony, is payment from one spouse to another after a separation or divorce. Spousal support allows the receiving spouse to maintain the standard of living they had during the marriage.

Specify which party will be receiving spousal support, the amount, the date payments will begin and end, whether it can be modified,

If one spouse must pay spousal support, it is common practice for the supporting spouse to carry a life insurance policy to guarantee payments if they die. The receiving spouse would be named the beneficiary, and the supporting spouse generally must maintain the insurance policy for as long as spousal payments are required.

Step 3 – Add Children Information

Mention if the parties have any children under 18 or whether they are expecting any children. You should also include the custody arrangement between the parents have:

Sole legal and physical custody
Shared legal custody and primary physical custody

Shared legal and physical custody
Sole legal and shared physical custody

Legal custody determines which parent has the right to make decisions regarding the child(ren)’s upbringing, such as medical care, education, and religious affiliation.

If a parent has sole legal custody, the parent can make unilateral decisions regarding the child(ren) without consulting the other parent.

Unless one parent is deemed unfit or incapable or it is impractical, courts will not grant one parent sole legal custody.

Physical custody determines which parent the child(ren) will live with. The parent with physical custody provides day-to-day care.

Primary physical custody means that one parent will have custody of the child(ren) most of the time. This parent is known as the “custodial parent.”

The “non-custodial parent” is given visitation rights to spend time with the child(ren) on a regular basis.

If parents share physical custody, they will arrange a schedule to share the child(ren) 50/50, or as close to that as possible.

Keep in mind that certain custody arrangements have tax implications. For example, if custody is shared between the parents, they must decide which of them will be able to claim any minor children on their tax return.

Step 4 – Agree on Visitation Arrangements

Visitation gives the non-custodial parent the right to have regular visits with their child(ren). If the parents have shared physical custody, the non-custodial parent will be entitled to regular visitation. Even if one parent has sole physical custody, the non-custodial parent will still be granted regular visitation, unless there are extenuating circumstances.

The visitation schedule can include overnight weekday visits, certain hours on the weekends, and/or certain holidays and celebrations.

Step 5 – Decide on Children’s Expenses

Children’s Medical Insurance

You should discuss with your spouse which one of you will be responsible for your child’s medical insurance and how any medical expenses not covered by the insurance will be paid.

Child Support

Child support is monthly payments made by one spouse to the other spouse to cover the financial needs of any children they may have. Both parents should support such children, and courts can obligate one party to pay child support.

Each state has child support guidelines that help guide how much a spouse should pay. Child support amounts based on these guidelines help the court determine whether the amount is fair. Although the parties do not need to use the guidelines, if a court is asked to approve the agreement, it may ask for the basis of how the amount was determined.

Children’s Tuition Expenses

You can include provisions for tuition expenses for your child. You can specify who will be responsible for paying for their private school or college tuition and expenses.

Special Rights and Responsibilities

Special rights and responsibilities are agreements between the parents regarding the care of the child(ren) and any actions to be taken (or not to be taken) while the child(ren) are in the care of the other party.

For example, you can specify that neither parent is allowed to encourage their child to refer to another person as ‘Mother’ or ‘Father’ while they’re divorced.

Step 6 – Add Property Information

Real Property

This section is about the marital home. The marital home is the home the couple lived in together when they were married. When the parties separate, they will need to decide what to do with the marital home. The parties can agree that:

One party will keep the marital home and be the sole owner
They will sell the home and split the profits
They will continue to own the home jointly, and one party will continue to reside there

Personal Property

Smaller items such as furniture, accessories, pots, pans, and dining ware are usually divided in advance among the parties and referred to in the agreement. These are generally less valuable items.

However, larger and more valuable items of personal property can be divided in the agreement. Items such as a painting, crystal chandelier, vintage dining table, or other items of value that may be a source of contention between the parties or have significance for one spouse can be agreed upon and divided in the agreement.

Vehicles

If the parties jointly own vehicles, they should decide how they will be split in the divorce and how the vehicle note, if applicable, will be paid.

Step 7 – Provide Debts, Accounts, and Tax Information

Bank and Financial Accounts

If you and your spouse share a joint banking account, you should fill in the account details here. A joint banking account is a checking, savings, money market, certificate of deposit, or other account held at a financial institution in the name of both parties. The parties will have to decide how they want to divide any joint banking accounts.

Outstanding Debts, Charge Accounts and Credits

Make an agreement with your spouse on who will be responsible for any outstanding joint debts and provide details of the debt in the document.

Pensions and Retirement Accounts

Spouses may also be entitled to a portion of the other spouse’s pension and/or retirement plans, which are accounts created or opened in the present to replace income upon retirement. If money was paid into the account while the spouses were married, it might be considered part of the marital estate. Examples of such plans include Individual Retirement Plans (IRAs), 401(k)s, and profit-sharing plans.

Decide if you or your spouse will divide any interests into the pension and retirement accounts and provide the details of the retirement accounts of the relevant parties.

Income Tax

When it comes to income tax, you and your spouse need to decide on when both of you will start filing individual tax returns. It can be at the beginning of a certain year or when the divorce decree becomes final. Additionally, discuss who will be responsible for any deficiencies from prior joint tax returns.

Step 8 – Add in the Final Details

Waiver of Payment through Clerk

In some states, spousal support by default is paid through a Central Depositary Payment Program or a court clerk, direct deposit program, or other third party. Such a system allows the court to ensure that payments are being made.

The parties can waive the right to have payments made through a Central Depositary Payment Program, and instead, agree to make payments directly to each other.

Additional Provisions

This section is your opportunity to add any further terms to the agreement that wasn’t mentioned in the prior sections.

Witnesses & Notary Acknowledgements

You don’t need to have any witnesses sign the agreement. However, having witnesses sign the agreement will help prove the authenticity of the agreement, should that ever be questioned. Be sure to check your state’s laws regarding any witness requirements.

You should get the agreement notarized by a notary public.

Filing

Divorce agreements are filed with the court, and the court must approve the agreement before granting a final divorce decree. The agreement is usually merged into the final divorce decree, where it becomes enforceable by the court.

If you do not merge it into your final divorce decree, the agreement is like any other legal agreement between you and the other party and enforceable in the same ways. A divorce agreement filed with the court is generally called a Marital Settlement Agreement.

Lastly, add the agreement date, and you will have finished writing your Divorce Agreement.

What Should be Included in a Divorce Agreement?

When writing a divorce agreement, whether on your own or with a free divorce agreement template, the agreement should have at least the following:

Who

Specify the parties getting a divorce, their attorneys, the children (if any), and any representatives appointed for the children (although this is less likely in an agreed divorce).

Where

List the jurisdiction of the court (typically the county and state in which you are divorcing).

When

Include the date of marriage, separation, and date of divorce to be signed by the judge.

What

Specify the assets and responsibilities that will be divided and shared

- - Property
    - The decree should be specific so that the parties and the court know how the property will be divided. Write in detail what the division of the property will be, taking into account any debts or other encumbrances on real property. Include motor vehicles and concurrent costs. Include financial investment accounts and any stocks and bonds. You can find this information in a mutual divorce agreement listed as financial disclosures for each party. The disclosures will reveal taxes, credit cards, loans, etc. Use captions to separate sections to quickly reference what you earn, own, and owe.

- - Children

- - - List the agreed-upon terms related to access to the children, including plans for custody, visitation, family involvement, and support. You can address medical insurance issues here. Remember to cover the division of future educational expenses for the children or any investment accounts held in their name.

Why

You must have a legal reason, also known as a legal ground, for the divorce. Declare the reason why parties are getting divorced. The legal grounds for divorce vary by state so check with your state laws to determine which reason is appropriate for your situation.

Additional documentation

This section may include Special Warranty Deeds and Powers of Attorney. If you are selling your home, there should be a date and time certain for the execution of any and all closing documents. If such items are relevant to your divorce agreement, you may wish to consult an attorney.

In addition to the above, you should also consider adding the following:

Comprehensive Parenting Time Schedule

Include a schedule that is as accurate as possible as it will determine how your child(ren) will share time between parents and homes.

Designate custody arrangements (e.g., 50/50, 60/40)
Days and times of the week for physical custody
Who can make decisions regarding health, education, and other significant matters
Exact transfer times and specific locations (e. g., home, school)
Who will drop off or pick up kids from school or attend school events
Who will have custody of children during school breaks and summer vacations
Plan time for holidays, birthdays, extended family events, and family vacations

Child Support Decisions

Accurately set out how much each spouse earns and break down your child’s living expenses into an exact list. This detailed accounting will uphold the child support payment decisions you have made in your divorce agreement. Consult your state child support guidelines and child support laws to determine appropriate child support calculations.

Life Insurance

Include a provision requiring the spouse who is paying a support obligation to maintain a life insurance policy in your name in an amount that will support their family in the future.

Health Insurance

Specify who is responsible for carrying life insurance for the minor child(ren)

Division of Debts and Assets

Indicate which party should be awarded each asset and who is responsible for paying bills and debts when dividing property. Typically the courts will default to dividing debts and assets equally if no other appropriate arrangement is proposed.

Real Property

If the parties own real property, like a marital residence, it should be awarded to one spouse, or the parties can agree to sell the real property and split the proceeds. Real property can include any homes, rental properties, land, etc.

It may be more convenient to structure your agreement using our free divorce agreement template. You can also use our step-by-step builder where you can enter information related to your divorce and have the agreement created for you.

Once you have created the document, you should consult a legal professional to ensure the divorce agreement conforms to the requirements of your state.

Tips for Writing a Divorce Agreement

Consider Using a Mediator

As you write your divorce agreement, consider whether mediation would be a suitable option for you. Discussing issues with an impartial third party can help resolve them quicker, and you can avoid having the divorce process drawn out in court. Also, depending on the age of your children, mediation could help your kids have a say in their custody arrangements. Speaking frankly with either parent may be too difficult for them. Using a mediator may result in more honest responses and ultimately lead to you creating an agreement that satisfies the entire family.

Fully Disclose All Information

When writing your divorce agreement, it’s essential to list all assets (including gifts, inheritances, and real estate property). Failure to disclose all of your assets could result in future litigation where you could be fined and potentially transfer ownership of the asset to your spouse as a penalty. ‌

Consider that some states go by community property laws, and others are strictly separate property states. Before writing your joint divorce papers, consider consulting with a qualified legal professional to ensure you are following state laws regarding divorce.

Sample Divorce Agreement Template

Below is a screenshot of the start of a typical sample Divorce Agreement.

Divorce Agreement

Download PDF

Download Word doc

Divorce Agreement Frequently Asked Questions

What happens if you violate a divorce agreement?

If a spouse does not follow the provisions mentioned in the divorce agreement, the other spouse may have the right to file a motion for contempt. The judge will then assess the circumstances and decide whether the spouse indeed violated the orders in the decree. In which case, the judge might impose penalties such as a hefty fine or even jail time.

Can I create my own divorce papers?

Yes, you can create your own divorce papers. When the division of property is fair and reasonable with acceptable custody, parenting times, and support arrangements, you can move ahead with creating your own divorce papers. The papers are usually just a formalization of the initial separation or divorce agreement already in place. However, it’s suggested you have an attorney review the documents before going to court.

Can a divorce agreement be overturned?

Yes, you can overturn a divorce agreement. However, there are only two instances where this would be allowed:

When there has been a change in your circumstances and the terms of the agreement no longer reflect your situation, you can request a post-judgment modification. For example, if you’ve suddenly lost your job and can’t keep up with child support payments. If the change is to do with property division, the court will usually not amend the agreement.

Alternatively, you can file an appeal if you think the judge has made a mistake, like overlooking evidence, or disagree with their findings. You can only file the appeal within 30 days of the judge signing the document, and you will be required to prove that the judge made a mistake.

What paperwork do I need to file to ask for a divorce?

‌

‌You should check with your state and country to determine what documents may be required, as they can vary by state. For example, some states will need you to provide Affidavits of Financial Means or Confidential Information Sheets. But the most common documents are:

Dissolution of Marriage Petition
Settlement Agreement
Parenting Plan (if you have children)
Court cover sheet if needed
Summons to be served on your spouse (petitioner serves the respondent who has a certain number of days to respond, or a default judgment may be given)

Read our article on the forms you need to file for divorce for more information.

Divorce Jokes - My Dynasty

- Why did you divorce husband? - He treated me like a dog. - In what sense? - Demanded loyalty from me!

On divorce process, the judge ruled that before a divorce, the husband must first repay his wife's marital debt for the past fifteen years.

If an employee of the registry office doesn’t smile at you, then most likely this is some kind of divorce.

I am divorcing my wife! She's lying to me! She said she was staying at her sister's while she I spent the night sisters! nine0003

When we got divorced, we shared everything, even friends. And I got those to whom we owed, and she those who owe us.

I got divorced yesterday! Feelings like horns off your shoulders!

- Everything! I'm getting a divorce! - Don't rush, think. - There is nothing to think about: she pecked at my whole brain.

Honey, come on let's part well. "Darling, are you leaving everything to me?"

- So you really insist on divorce? - Yes, dear, if you still love me, do not refuse me this trifle. nine0003

Judge asks her husband during the divorce proceedings: - What are your reasons for divorce? - My wife called me a fool. - Under what circumstances? - I come home, and my wife is in bed with her lover and says: “Study, fool, how to love your wife.

Coming divorce process. Judge wife: - Plaintiff, why do you want to divorce your husband? - He doesn't satisfy me. Here the husband jumps up indignantly and shouts: - Yes, she does not feed me! Give me a bowl of soup, I'll please everyone here! nine0003

Divorced Husband and wife. When asked by the judge about the reason for the divorce, the husband declares: “I am ready to run away from her even in hell!” wife right there reacts: “You see, Your Honor, what an egomaniac he is. Always looking for yourself warm place."

- On what basis do you claim that your wife is very stupid - the judge asked the husband who filed a divorce case. - Just think: I bought her a refrigerator, and she continues to go to the river wash clothes.

- Why did you decide to divorce your wife? - She smokes in bed. - This is not a reason for divorce. - Yes, but she likes to use my ear as an ashtray! nine0003

- How is your family life? - Bad! My wife wants to divorce me because she thinks I'm not in harmony with the new curtains in the living room.

- Why are you divorcing yours? - He turned out to be cattle! - With a cat? Zoophile?!

- Why did you decide to divorce your wife? - You see, she cheats on me with the butcher, and I'm already sick of this veal.

Coming divorce process. The judge asks wives: - Petitioner, explain why you want to dissolve the marriage? - The fact is that my husband a year and a half ago went out in the evening to buy cigarettes, came back last week and gave me a row because of the cold supper. . . nine0003

Postponed wind from the balcony, the men's underpants of one family caused a divorce in another.

Coming divorce proceedings in Odessa court: - Roza Moiseevna, what do you have to say about the reasons for the divorce? Husband is indecent making little money? Maybe he doesn't help around the house? Or, God forbid, not with children does? Or, I'm embarrassed to ask, does it not satisfy you as a woman? - Oh, sho V, Your Honor! All this is Izya does! But wee bi saw what a face!

Inept treatment of a woman, depending on status, may lead to marriage or divorce. nine0003

B at the beginning of a relationship, he thinks how to divorce her for sex, and she thinks how to divorce him with money, as a result, even marriage ends in divorce.

Divorce jokes

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Jokes, funny stories, funny pictures, GIFs, aphorisms and much more

She told her husband, let's get divorced in a civilized way, like all people, quietly peacefully.
But no, he arrived drunk, with an accordionist and a crowd of mutual friends.

Jokes about divorce | 11/23/2022 Discuss

Are you married?
- Divorced.
- And they divorced you a lot?
- Briefs left.

Jokes about divorce | 06/27/2022 Discuss

— Why are you so nervous?
- Yes, I'm getting a divorce ... I don't know how to tell my parents about this ...
- Why?
— Yes, I have not yet told them that I got married…

Jokes about divorce | 05/28/2022 Discuss

— Why are you divorcing your wife?
- Can you imagine, she was not at home all night, and in the morning she said that she had spent the night at her sister's! nine0049 — So what?
- Lying, whore! I slept with her sister!

Jokes about divorce | 03/24/2022 Discuss

At least 10% of divorces can definitely be avoided if you buy a bigger blanket.

Jokes about divorce | 02/19/2022 Discuss

— The atomic bomb under our marriage was planted by Lenin in 1918!
— How?! But we weren't born yet.
- Yes, but Lenin signed a decree on freedom of divorce.

Jokes about divorce | 01/07/2022 Discuss

Court. The Rabinovichs are getting divorced. Judge:
- Yakov Moiseevich, why did you hit your wife?
Your Honor, she asked for it herself.
— How is it?
- I hit the table with my fist, and she screams: “So! Now let's get to the point!"

Jokes about divorce | 01/04/2022 Discuss

A man comes to court. He filed for divorce. Natural question:
- Why?
- Yes, my wife is a big bore.
- Why?
- What do you think, Comrade Judge, is 40 thousand a month enough for two? nine0049 - Well, that's probably enough.
- I think so too. And the wife says: “Go to work, go to work…”

Jokes about divorce | 08. 12.2021 Discuss

A woman comes to file for divorce. They ask her:
— And why, in fact?
- My husband is a bawdy, he knows a lot of vulgar songs.
— Is he singing them?
- No, he's whistling.

Jokes about divorce | 04.12.2021 Discuss

Lawyer:
— After the divorce, your spouse gets a house, a car, your pension plan, ten thousand a month maintenance for life and a dog. For its part, it recognizes your right to exist. nine0003

Divorce jokes | 02.12.2021 Discuss

Husband and wife are getting divorced. She told him:
- And be sure, I will make sure that the balance of your bank card after the divorce is equal to zero!
— Thank you, I didn't expect you to pay off all my loans and debts...

Divorce Jokes | 30.11.2021 Discuss

Divorced a year ago and began to notice that he began to drink more beer. No, not from grief or joy, just more free money.

Jokes about divorce | 11/17/2021 Discuss

— My son is getting divorced
— Is my daughter-in-law unhappy?
- How can she be unhappy? Came to us in the 46th size, and leaves in the 56th.

Jokes about divorce | 31.01.2021 Discuss

— Why do you want to get a divorce?
- She cooked everything without salt on purpose so that I thought I had covid!

Jokes about divorce | 01/05/2021 Discuss

In court:
— I immediately realized, citizen judge, that he was a drunkard, a thief and a brawler, but I thought that he would at least be a good husband. nine0003

Divorce jokes | 01/04/2021 Discuss

A husband and wife are getting divorced. He - to her:
- Darling, I hope, no matter what, we will remain friends ...
- Listen, let's at least finally not say nasty things to each other.

Jokes about divorce | 10/18/2020 Discuss

In a divorce, all property is divided fairly, 90% - to the wife and 10% - to her lawyer.

Jokes about divorce | 05/21/2020 Discuss

Due to the general self-isolation around the world, the number of divorces has increased. It turns out that when choosing a person for the rest of their lives, people did not think that they would have to live with him for a whole week. nine0003

Divorce jokes | 04/03/2020 Discuss

Divorced a year ago, left the house where he lived. Now I’m alone, lying on the couch and thinking, why the hell did I work hard there, digging a cellar, doing repairs, conducting electricity and so on, if all this turned out to be in vain. I had to lie on the couch and drink beer.

Jokes about divorce | 31.03.2020 Discuss

— Why did you get divorced?
- Because of sex.
— You mean, they rarely did it?
- Often... just not at the same time! nine0003

Divorce jokes | 06/29/2018 Discuss

Divorce proceedings are in progress. The judge asks the husband:
- Why are you going to get a divorce?
Husband:
- Yes, my wife takes any items that fall under her arm, well, everything - plates, pans, meat grinders, and throws them at me.
Judge:
- Could you tell me, please, how long have you been living together?
Husband:
- Yes, for twenty years it will be ...
Judge:
- And all this time you uh.. endured???!!! nine0049 Husband:
- Yes, she did not hit before.

Jokes about divorce | 05/29/2018 Discuss

Courtroom. There is a divorce process. Judge:
Why do you want to divorce your husband?
- And he does not suit me in bed!
Women's voices from the audience:
- It suits everyone, but it doesn't suit her!
Male voices:
- Yes, no one suits her at all!

Jokes about divorce | 05/27/2018 Discuss

Divorce is when you hire a lawyer with your own money so that the lawyer hired by your wife with your own money cannot sue more than half of the property you have earned in favor of her.

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