1. The spouses must agree on all terms of the divorce settlement.
This means that both parties must be in agreement with the division of assets, liabilities, property, custody, visitation, support, and alimony. If one spouse does not agree to the proposed settlement agreement, the divorce will not be finalized.
2. All assets and liabilities must be accounted for and divided equitably.
This means that everything must be included in the settlement agreement, including bank accounts, retirement accounts, real estate, and any other assets or liabilities.
3. The division of property must be fair and equitable.
This means that each spouse should be given an equal share of the marital property, regardless of who earned more or who is at fault for the divorce.
4. Child custody, visitation, and support must be determined.
If the parents cannot come to an agreement on these issues themselves, a judge will make a determination based on what is in the best interests of the child.
5. Spousal support (alimony) must be established if one spouse is deemed to be in need of it.
Alimony is financial support that one spouse may receive from the other after a divorce is finalized. It is usually awarded to the spouse who earns less income or who has custody of the children.
6. The divorce settlement agreement must be in writing and signed by both parties.
Once it is signed, it becomes a legally binding document that both parties must abide by.
7. Once the divorce is finalized, both parties must abide by the terms of the settlement agreement.
This means that neither party can make any changes to the agreement without written consent from the other party.
8. If there are any changes to the terms of the settlement agreement, they must be made in writing and signed by both parties.
Any changes made without written consent from both parties may not be enforceable by a court.
9. The divorce settlement agreement may be enforced by a court if either party breaches the terms of the agreement.
If one party does not follow through with their obligations under the agreement, they may be subject to legal action by the other party.
10. Review the divorce settlement agreement checklist with your attorney to make sure that all pertinent issues have been considered and addressed.
Your attorney will be able to help you ensure that everything is included in the agreement and that it meets all legal requirements.