Marital Domestic Separation and Property Settlement Agreement for persons with No Children, No Joint Property or Debts where Divorce Action Filed
PROPERTY SETTLEMENT AGREEMENTS
General Statement of Law:
A general statement of the law means the law is followed and recognized in most states.
Some states vary the general law rules slightly and a few states may not
recognize the general statement at all. What follows is a general
statement of the law relating to separation and property settlement agreements.
Definition:
A separation agreement is a contract between a husband
and wife when they separate from each other in which they resolve such
matters as property division, debts, custody and support. It does not change
the legal status of your marriage. No law requires a separating couple
to execute a separation agreement, but it is a wise idea if there are debts,
children, support claims or property involved and the parties want to settle
these matters in writing with binding and enforceable promises.
In most States separation and property settlement agreements are
valid and binding if properly executed. Most, if not all, states
require that the signatures of the parties be acknowledged by a notary
public. However, courts generally retain the right to approve, modify
or disapprove provisions relating to custody, support and visitation.
Courts will approve the agreement if it is fair, equitable and reasonable.
Courts may disapprove agreements if they are unconscionable or not free
of collusion. Except for custody, support and visitation, matters
settled by separation agreement are not subject to subsequent modification
by court except as agreement itself may prescribe or parties may subsequently
consent. Agreements can generally be entered into after separation either
before or after a divorce action is filed. Agreements may be voided
if there is reconciliation after separation. Once a divorce action
is filed, the agreement is usually incorporated into a final decree or
judgment of divorce. Once so incorporated, the agreement can usually be
enforced by a contempt action if one party fails to abide by the terms
of the agreement.
A separation agreement does not make the parties free to date others.
Any sexual relations with a person who is not your spouse is adultery if
it occurs before you are divorced.
State by State Separation Agreement Information:
Alabama - Generally valid.
Arizona - Generally Valid under general law statement.
California - Generally Valid.
Connecticut - Generally Valid under general law statement.
Court reviews for fairness. Agreement approval or court makes other orders
for disapproved provisions.
Colorado - generally valid under §14-10-112, C.R.S.
1999. Subject to the standards of voluntariness, fair disclosure,
and conscionability applied to marital agreements under §14-2-307,
C.R.S. 1999.
Delaware - Law prefers settlement at time of separation.
Must be free of collusion.
District of Columbia - Agreements encouraged and are enforced
in the absence of fraud, duress, concealment, or overreaching.
Florida - Agreements approved.
Georgia - Separation Agreements after separation, in contemplation
of separation and after filing divorce are enforceable.
Illinois - Agreements valid after separation. Reviews agreement
for unconscionablility. Follows general law statement.
Indiana - Generally valid under general law statement.
Kansas - Generally valid. Must be incorporated and confirmed
in decree. Follows general statement of law.
Kentucky - Agreements encouraged. Follows general
law statement.
Maine - Agreements valid if fair. Follows general law statement.
Maryland - Agreements binding and enforceable. Valid whether
living separate or together. Generally follows general law statement. Court
may also modify alimony unless agreement provides otherwise.
Massachusetts - Generally valid. Follows general law statement.
Michigan - Generally valid.
Mississippi - Generally valid. Follows general law statement.
Missouri - Generally Valid.
New York - The "no-fault" ground for divorce in New York
provides that an action for divorce may be maintained by a husband or wife
to procure a judgment divorcing the parties and dissolving the marriage
on the ground that:
The husband and wife have lived separate and apart pursuant
to a written agreement of separation, subscribed and acknowledged by the
parties thereto and acknowledged or proved in the form required to entitle
a deed to be recorded, for a period of one or more years after the execution
of such agreement and satisfactory proof has been submitted by the plaintiff
that he or she has substantially performed all the terms and conditions
of such agreement. Such agreement shall be filed in the office of the clerk
of the county wherein either party resides.
Montana - Generally valid. Agreements are binding on court
after entered into a decree of legal separation or dissolution of marriage
unless it finds agreement unconscionable.
Nebraska - Where dissolution or separation is decreed, parties
can enter into written property settlement. Follows general law statement
Nevada - Agreements favorably considered and usually approved.
When divorce entered, decree should provide that agreement is not merged
but shall survive to avoid merger.
New Hampshire - AGREEMENTS FOR SEPARATION WITHOUT LEGAL
PROCEEDINGS ARE INVALID.
New Mexico - Generally valid.
North Carolina - Agreements valid. Follows general law statement.
North Dakota - Agreements valid. Follows general law statement.
Oklahoma - Agreements not binding upon the court. Court
closely scrutinizes to determine if reasonable, just and fair.
Pennsylvania - Agreements valid if not directly conducive
to procurement of divorce. Court may incorporate Agreement into decree.
Agreements enforceable to the same extent as court order even if not incorporated
into decree. Not subject to court modification unless agreement authorizes
except as to custody, support and visitation.
Rhode Island - Generally valid.
South Dakota - Parties cannot alter their legal relations
by contract with each other, except that they may agree in writing to an
immediate separation and may make provisions for the support of either
of them and their children during such separation. Mutual consent of parties
is sufficient consideration for such contract.
Tennessee - Generally Valid.
Texas - Agreements valid if actually separated.
Virginia - Generally valid.
Washington - Generally valid. May be recorded and notice
of it published. Binding on court, except in terms relating to parenting
plan, unless unfair. Child support may be included in separation contract
and must be reviewed in subsequent proceedings for compliance with law.
West Virginia - Agreements generally valid
Wisconsin - Generally valid.
Wyoming - Recognized and are enforced if incorporated into
divorce decree.
State Residential (Residing) Requirements Prior to Filing a Divorce:
Alabama - 6 months
Alaska - 30 days
Arizona - 90 days
Arkansas - 60 days
California - 6 months
Colorado - 90 days
Connecticut - 1 year
Delaware - 6 months
District of Columbia - 6 months
Florida - 6 months
Georgia - 6 months
Hawaii - 6 months
Idaho - 6 weeks
Illinois - 90 days
Indiana - 60 days
Iowa - 1 year
Kansas - 60 days
Kentucky - 180 days
Louisiana - 6 months
Maine - 6 months
Maryland - 1 year
Massachusetts - None
Michigan - 6 months
Minnesota - 180 days
Mississippi - 6 months
Missouri - 90 days
Montana - 90 days
Nebraska - 1 year
Nevada - 6 weeks
New Hampshire - 1 year
New Jersey - 1 year
New Mexico - 6 months
New York - 1 year
North Carolina - 6 months
North Dakota - 6 months
Ohio - 6 months
Oklahoma - 90 days
Oregon - 6 months
Pennsylvania - 6 months
Rhode Island - 1 year
South Carolina 3 months (both residents)
South Dakota - None
Tennessee - 6 months
Texas - 6 months
Utah - 90 days
Vermont - 6 months
Virginia - 6 months
Washington - 1 year
West Virginia - 1 year
Wisconsin - 6 months
Wyoming - 60 days
Disclaimer:
All information provided on this page is
believed to be correct but no liability is assumed or accepted for inaccuracies.
