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Note: In a default case, the signature of the respondent on the settlement agreement must be notarized. Attach the completed and signed Settlement Agreement and applicable attachments to the Judgment (FL-180).
Divorce Decree: The Main Difference. Your marital settlement agreement doesn't mean that you're divorced. Only your divorce decree means that you're divorced. Your marital settlement agreement will ultimately become your divorce, but it needs to be reviewed by a judge first.
You both must sign the agreement. If your spouse didn't file a response in this case, their signature must be notarized. This means an official checks their ID and then has them sign the document in front of them.
If you have no marital property, no joint debts, and no children, you probably don't need a marital separation agreement to get a no-fault divorce.
You must have the signature of your spouse notarized. The court will mail this form back to you after the judge has signed the judgment. It's the official notice from the court that your divorce or legal separation is final.
If the Marital Settlement Agreement is incorporated into the decree, it becomes a court order and is enforceable by the court's contempt powers. If you don't incorporate it into the decree, it simply becomes a contract between you and your spouse, which you later have to sue in a separate action to enforce.
You and your spouse must sign the form. It tells the court that your spouse is taking part in the case (if they didn't already file a response), that you agree about how to resolve your divorce, and will waive your rights, like a right to a trial, so that the court can accept your agreement.
How to Write a Divorce Agreement Date of the agreement. Full name of both spouses. Marriage date and location. Date of marriage end. Child support and custody arrangements. Spousal support terms and conditions. Life and health insurance. Division of spousal assets and property.