The sample below is just an example. Each particular case is different and the document will be prepared by the law firm to reflect the particulars of the case. This document is made part of the Judgment For Dissolution and is presented before the presiding Judge for approval and entry. If not done to the satisfaction of the Judge, the agreement will not be approved.
___________________
STATE OF California
SS.
COUNTY OF Los Angeles
IN THE CIRCUIT COURT OF Los Angeles COUNTY, California
COUNTY DEPARTMENT, DOMESTIC RELATIONS DIVISION California
IN RE THE MARRIAGE OF:
JOE JONES
Petitioner,
No.
and
JONI JONES
Respondent.
MARITAL SETTLEMENT
AGREEMENT
This Agreement is made and entered into this day of ______________
2007 by and between the Petitioner, hereinafter referred
to as JOE JONES, the "Husband" and the Respondent,
hereinafter referred to as JONI JONES, or the "Wife".
W I T N E S E T H:
- That the parties
hereto were lawfully married on the 12th day of May, 1996,
in City of Los Angeles, County of Los Angeles, State of California;
and said marriage was registered therein.
- That the Husband
has resided in California for a period in excess of 90 days
prior to the filing of the Petition for Dissolution of
Marriage.
- That one child (NIGEL
JONES, age 4, born 3-8-97) was born to the parties; no
children were adopted by the parties; and that Respondent
is not now pregnant.
- That there is litigation
pending between the parties in the Circuit Court of Los Angeles County, California, pursuant to the California Marriage and
Dissolution of Marriage Act. The case is entitled "IN
RE: The Marriage of JOE JONES AND JONI JONES".
- That irreconcilable
differences have developed between the parties causing
an irretrievable breakdown of the marriage, that the parties
have lived separate and apart for a period in excess of
six months.
- That without any
collusion as to said proceeding and without any intent
to obtain or stimulate a dissolution of Marriage, the
parties hereto consider it to be in their best interests
to settle between themselves the issues arising out of
said litigation, including, but not limited to, maintenance,
division or real, personal and non-marital property, debts
and attorneys' fees, and to forever finally and fully
settle and adjust between themselves the other rights
growing out of the marital or any other relationship now
or previously existing between them and to fully and finally
settle any and all rights of every kind, nature and description
which either of them now has or may hereafter have or
claim to have against the other, including all rights
and claims in and to any property of the other, of every
kind, nature and description, whether real, personal,
marital, non-marital, or mixed, now owned or which may
hereafter be acquired by either of them, and further,
including all rights or claims in and to the estate of
the other.
- That the Husband
has employed and had the benefit of his attorney. That
the Wife has appeared pro se. That both parties have had
the opportunity to consult with an attorney regarding
this settlement agreement. That the parties acknowledge
that each has been fully informed as to the wealth, property,
estate and income of the other.
NOW THEREFORE, in consideration of the
mutual and several promises and undertakings contained
herein and for other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged,
the parties do freely and voluntarily agree to each and
every term and provision set forth in the Marital Settlement
Agreement, to wit:
ARTICLE I
- RESERVATION OF RIGHTS
- That this Agreement
is not one to obtain or stimulate a Judgment for Dissolution
of Marriage.
- That each party herein
reserves the rights to prosecute or defend any action
now pending or which may hereafter be brought for relief
under the California Marriage and Dissolution of Marriage
Act.
ARTICLE II
- MAINTENANCE
That the parties agree to waive any and all rights they
may have against the other as to maintenance and/or support
(heretofore termed "alimony"), whether past,
present or future, except as to what is provided for below.
ARTICLE
III - CHILD CUSTODY & VISITATION
- That both Husband
and Wife are fit and proper persons to have legal custody
of the minor child. Accordingly, the parties shall have
joint custody of the minor child. Wife shall have primary
care of the minor child and said child shall reside with
her on a daily basis.
- The parties hereby
acknowledge the needs of the child for continuing contact
with both parents and the need for both parents to participate
in the important events and decisions affecting the life
and well-being of said child. Accordingly, the parties
shall cooperate in scheduling and implementing said child's
educational, religious, and social activities so as to
provide said child with an environment that promotes healthy
physical, mental, emotional, and social growth and development.
The parties shall also use their best efforts to foster
the child's love and affection for both parents and to
attempt to reach an agreement on all important questions
that require joint decisions by the parties. That this
provision shall be reviewed annually. If a dispute arises
that cannot be resolved by the parties, then the parties
shall seek assistance from the American Arbitration Association
(AAA).
- Husband shall have
reasonable and liberal visitation with the minor child
including every weekend, eight weeks of summer and one
week at Christmas. That the specific Holiday schedule
cannot be determined due to work schedules, however, it
shall be agreed upon by the parties.
ARTICLE IV
- CHILD SUPPORT
That Husband shall pay directly to Wife
(without the use of the State Disbursement Unit) for the
support of the minor child the sum of $400.00 per month;
a sum known to be at least 20% of his net income per month.
That Husband's child support obligations shall continue
until the emancipation of the minor child. For purposes
of this Agreement, the term emancipation shall be defined
as the occurrence of the first of the following events:
- The child's death;
- The child's attaining
the age of 18 years or completion of a High School degree,
whichever later occurs, provided the child continues schooling
without interruption;
- The child's maintaining
a full-time residence outside the home of the parent having
primary care of him, exclusive of that child's residence
at a secondary boarding school, camp, or similar facility;
- The child's obtaining
full-time employment, exclusive of employment during school
vacation periods;
- The child's induction
in the armed services of the United States or the National
Guard; or
- The child's marriage.
That Husband shall provide medical/insurance
for the minor child. That any amount not covered by insurance,
including any extra-ordinary medical expenses shall be
split equally by the parties.
That both parties shall pay for all college
expenses for the minor children in accordance to their
ability to pay according to the Statute.
That Husband and Wife shall alternate
claiming the minor child as a dependent for tax purposes
with Husband taking the odd years.
ARTICLE
V - PERSONAL PROPERTY
That each party shall retain all personal
property, not otherwise designated by this agreement,
in their respective possession.
ARTICLE
VI - OTHER PROPERTY
That all other property has been split by both parties.
ARTICLE
VII - PENSIONS
That both parties shall waive any rights or claims to
proceeds
from the other party's pension plan, 401(K) plan or I.R.A.
accounts.
ARTICLE
VIII - LIFE INSURANCE
That each party shall be entitled to any life insurance
in his or her name.
ARTICLE IX
- ATTORNEY FEES
That each party shall pay and be responsible
for his or her respective attorney fees incurred in connection
with this proceeding.
ARTICLE
X - MUTUAL RELEASES
That to the fullest extent permitted
by law, and except as herein otherwise provided, each
party releases and relinquished all rights and claims
against the other party and his or her agents, attorneys
and servants, and each of the parties does hereby forever
relinquish, release, waive and forever quit-claim and
grant to the other, his or her heirs, personal representatives
and assigns, all rights of maintenance, alimony, inheritance,
descent and distribution, homestead, dower, community
interest and all other right title claim, interest and
estate as Husband and Wife, widow or widower, whether
existing by reason of the marital relationship between
said parties hereto pursuant to any and all rights, title,
claim or interest which he or she otherwise has or might
have or be entitled to claim in, to or against the property,
assets and estate of the other, whether real, personal
or mixed, whether now owned or hereafter in any manner
acquired by the other party, whether in possession or
in expectancy and whether vested or contingent. That each
party further covenants and agrees for himself or herself,
his or her heirs, personal representatives and assigns,
that neither of them shall at any time hereafter sue the
other or his or her estate, heirs, personal representatives,
grantees, devises, or assigns, agents or servants of the
purpose of enforcing any rights specified to be released,
waived or relinquished under this Agreement; and each
party further agrees that in the event any suit shall
be commenced, this release, when pleaded, shall be and
constitute a defense thereto. That each party further
agrees to execute, acknowledge and deliver at the request
of the other party, or his or her heirs, personal representatives,
grantees, devises or other heirs, personal representatives,
grantees, devises or assigns, any and all deeds, releases
or other instruments and further assurances as may be
required or reasonably requested to effect or evidence
such release, waiver, or relinquishment of such rights;
provided, however, that nothing contained shall operate
or be construed as a waiver or release by either party
to the other of the obligation on the part of the other
to comply with the express provisions of this Marital
Settlement Agreement.
ARTICLE XI - WAIVER
OF ESTATE CLAIM
That each of the parties hereby waives
and relinquishes all rights to act as administrator or
executor of the estate of the other party and each of
the parties hereto does further relinquish all right to
inherit by intestate succession any of the property of
which the other party may die seized or possessed, and
should either of the parties hereto die intestate, this
Agreement shall operate as a relinquishment of all rights
of the surviving party hereafter to apply for letters
of administration in any form, and the estate of such
deceased party, if he or she dies intestate, shall descent
to the heirs of such deceased party, in the same manner
as though the parties hereto had never been married, each
of the parties hereto respectively reserving the right
to dispose, by testamentary disposition or otherwise of
his or her respective property in any way he or she may
see fit, without restriction or limitation whatsoever,
except as otherwise provided herein.
ARTICLE XII - DEBTS
That Husband and Wife shall be responsible
for any debt in his or her name only.
That except as otherwise herein contained,
this is the whole of the Agreement between the parties
and each party is barred from any other claims against
the other party or his or her heirs, estates and personal
representatives. That this Agreement shall be submitted
to the Court for its approval and if approved shall be
made part of the Judgment of Dissolution of Marriage and
shall be of effect and binding only if Judgment of Dissolution
of Marriage is entered in the said pending suit.
IN WITNESS WHEREOF, the parties hereto have written their
signatures on the day and year first above written.
DATED:
_________________________________
JOE JONES
_________________________________
JONI JONES
STATE OF California
SS.
COUNTY OF C O O K
JONI JONES, being first duly sworn, upon
oath deposes and states that she is the Wife referred
to in the above Marital Settlement Agreement; that she
is of lawful age and under no legal disabilities, that
she has read the above and foregoing Marital Settlement
Agreement, that she fully understands all of its contents
and knows the effect and meaning on the contents, that
the matters and facts stated therein are true, and that
she has of her own free will and accord agreed to the
provisions of and contents of said Marital Settlement
Agreement; that she does at the time of this verification
also agree to all of the provisions and contents of the
said Marital Settlement Agreement, and that it is now
and was at the time of signing of the said Marital Settlement
Agreement her firm intention and desire to be bound by
the said provisions and contents of said Marital Settlement
Agreement.
____________________________________
JONI JONES
STATE OF California
SS.
COUNTY OF C O O K
JOE JONES, being first duly sworn, upon
oath deposes and states that he is the Husband referred
to in the above Marital Settlement Agreement; that he
is of lawful age and under no legal disabilities, that
he has read the above and foregoing Marital Settlement
Agreement, that he fully understands all of its contents
and knows the effect and meaning on the contents, that
the matters and facts stated therein are true, and that
he has of his own free will and accord agreed to the provisions
of and contents of said Marital Settlement Agreement;
that he does at the time of this verification also agree
to all of the provisions and contents of the said Marital
Settlement Agreement, and that it is now and was at the
time of signing of the said Marital Settlement Agreement
his firm intention and desire to be bound by the said
provisions and contents of said Marital Settlement Agreement.
____________________________________
JOE JONES
SUBSCRIBED AND SWORN to before me this ___ day of __________
2007.
NOTARY PUBLIC
See additional Sample Divorce Documents
Sample Joint Parenting Agreement
This Agreement governs the rights and responsibilities of the parties in terms of the joint parenting of the child or children. Visitation details and Holiday schedules are also included.
Sample Judgment of Dissolution
This documents is the final order of the court, signed by the Judge and made binding. The Judgment will often include a Marital Settlement Agreement and Joint Parenting Agreement.
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