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Private Divorce Agreement for the United States

Private Divorce Agreement Template for United States

A Private Divorce Agreement is a legally binding document used in the United States that outlines the terms and conditions of a divorce settlement between two spouses. It covers critical aspects such as property division, child custody, support arrangements, and other obligations. The agreement must comply with state-specific divorce laws and can be incorporated into the final divorce decree by the court.

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What is a Private Divorce Agreement?

A Private Divorce Agreement serves as a comprehensive settlement document between divorcing spouses in the United States. This contract type is particularly useful when parties wish to negotiate and settle divorce terms amicably without extensive court intervention. The agreement typically addresses property division, spousal support, child custody and support (if applicable), debt allocation, and other relevant matters. While the document must comply with state-specific divorce laws, it offers flexibility for parties to create customized arrangements that suit their unique circumstances. Once approved by the court, it becomes part of the final divorce decree.

What sections should be included in a Private Divorce Agreement?

1. Parties: Identification of both spouses with full legal names and addresses

2. Background: Marriage date, separation date, and basic facts about the marriage

3. Definitions: Key terms used throughout the agreement

4. Property Division: Distribution of marital assets and debts

5. Mutual Release: Waiver of future claims against each other

6. Governing Law: Specification of state law governing the agreement

What sections are optional to include in a Private Divorce Agreement?

1. Child Custody and Support: Terms for custody, visitation, and financial support of minor children - required if there are children under 18

2. Spousal Support: Terms of alimony or maintenance payments between parties - included when one party will provide financial support to the other

3. Business Interests: Division of business assets and operations - included when couple owns business together

4. Retirement Accounts: Division of retirement benefits and pension plans - included when there are retirement accounts to divide

What schedules should be included in a Private Divorce Agreement?

1. Schedule A - Property Division: Detailed inventory and allocation of marital assets

2. Schedule B - Debt Division: Detailed inventory and allocation of marital debts

3. Schedule C - Child Support Calculations: Worksheet showing detailed child support calculations as per state guidelines

4. QDRO Forms: Qualified Domestic Relations Orders for division of retirement accounts

5. Parenting Plan: Comprehensive schedule for custody, visitation, and co-parenting arrangements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Ƶ

Cost

Free to use
Clauses


















Industries

State-Specific Divorce Laws: Primary state legislation governing divorce proceedings, including requirements for no-fault vs. fault-based divorce, residency requirements, waiting periods, and filing procedures specific to each state

Property Division Laws: Laws governing how marital property is divided, including community property vs. equitable distribution principles, classification of marital vs. separate property, treatment of debts and assets, and real estate considerations

Child-Related Laws: Legal framework including the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), state child support guidelines, custody and visitation standards, and best interest of the child doctrine

Tax Laws: Internal Revenue Code provisions affecting divorce, including tax treatment of alimony/spousal support, property transfers, dependency exemptions for children, and changes in filing status

Federal Laws: Federal legislation including Employee Retirement Income Security Act (ERISA), Qualified Domestic Relations Orders (QDROs), Social Security benefits considerations, and military benefits where applicable

State-Specific Support Laws: State laws governing alimony/spousal support, including guidelines for amount and duration, modification rules, and enforcement mechanisms

Insurance Considerations: Legal requirements and considerations regarding health insurance continuation rights (COBRA), life insurance requirements, and property insurance transfers during divorce

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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