Divorce Agreement Template for United States

A Divorce Agreement is a binding legal contract that spells out how separating spouses will handle important matters after their marriage ends. It covers key decisions like property division, child custody arrangements, alimony payments, and how to split shared debts.

Most U.S. courts require couples to submit this agreement before finalizing their divorce. While some couples create these agreements through mediation or direct negotiation, many work with family law attorneys to ensure the terms comply with state laws and protect their interests. Once approved by a judge, the agreement becomes part of the official divorce decree.

Use a Divorce Agreement when you and your spouse have reached the point of ending your marriage and need to formalize your separation terms. The ideal time to create this agreement is after deciding to divorce but before filing court papers, as it helps you negotiate important details calmly and thoughtfully.

Many couples draft these agreements during mediation or settlement talks, especially when they need to address complex matters like retirement accounts, business ownership, or shared parenting responsibilities. Getting the agreement in place early helps avoid costly court battles and gives both parties clarity about their post-divorce obligations and rights.

• Agreement Of Separation: The initial document couples use when first separating, outlining basic living arrangements and temporary financial responsibilities
• Divorce Settlement Agreement: The comprehensive final agreement covering all aspects of the divorce, from asset division to custody
• Financial Agreement Divorce: Focuses specifically on monetary matters, including debt division, investments, and support payments
• Property Separation Agreement: Details the division of physical assets, from homes to personal property
• Real Estate Settlement Agreement: Addresses complex real estate matters, including multiple properties or commercial holdings

• Divorcing Spouses: The primary parties who negotiate and agree to the terms, and must follow the agreement's provisions after divorce
• Family Law Attorneys: Draft and review agreements, ensure legal compliance, and protect their clients' interests during negotiations
• Mediators: Help couples reach agreement on contentious issues and draft initial terms before attorney review
• Family Court Judges: Review and approve agreements to ensure fairness and legal compliance before incorporating them into divorce decrees
• Child Custody Evaluators: Provide input for custody arrangements when children are involved
• Financial Advisors: Assist with complex asset division, retirement accounts, and tax implications of property transfers

• Asset Inventory: Create detailed lists of all property, accounts, investments, and debts held by both spouses
• Income Documentation: Gather tax returns, pay stubs, and business records from the past 3 years
• Child-Related Details: Document school schedules, medical needs, and activity commitments if children are involved
• Insurance Information: Compile health, life, and property insurance policies and beneficiary designations
• Future Planning: Outline post-divorce living arrangements, career plans, and anticipated major expenses
• Document Generation: Use our platform to create a legally-sound agreement that incorporates all required elements and state-specific provisions
• Final Review: Check all terms for clarity, completeness, and accuracy before signing

• Basic Information: Names, addresses, marriage date, and separation date for both parties
• Property Division: Detailed allocation of all marital assets, including real estate, vehicles, and personal property
• Financial Terms: Specifics about alimony, child support, debt division, and tax responsibilities
• Child Custody: Parenting time schedules, decision-making rights, and holiday arrangements
• Insurance Provisions: Requirements for health, life, and property insurance coverage
• Dispute Resolution: Process for handling future disagreements or modification requests
• Signatures and Date: Space for both parties to sign, with notary acknowledgment
• State Compliance: Required state-specific language and provisions

A Divorce Agreement differs significantly from an Arbitration Agreement, though both help parties resolve disputes. Here are the key distinctions:

• Purpose and Scope: Divorce Agreements comprehensively address all aspects of ending a marriage, while Arbitration Agreements only establish a method for resolving future disputes
• Timing of Creation: Divorce Agreements are created when ending a marriage, while Arbitration Agreements can be made at any time, often at the start of a relationship or contract
• Legal Effect: Divorce Agreements permanently divide assets and establish ongoing obligations, while Arbitration Agreements simply determine how future disagreements will be handled
• Court Involvement: Divorce Agreements require court approval to become final, while Arbitration Agreements specifically aim to keep disputes out of court
• Modification Process: Divorce Agreements need court approval for changes, while Arbitration Agreements can often be modified by mutual consent