What is a decree of dissolution of marriage and settlement agreement?

Definition and Meaning

A decree of dissolution of marriage is the official court order that legally terminates a marriage. This document signifies the end of the marital relationship and outlines the final terms of the divorce. A settlement agreement, also known as a marital settlement agreement (MSA), is a private contract made between spouses that details how they will divide their assets, debts, child custody, and support obligations. The MSA is submitted to the court, and once approved, it becomes part of the decree, making its terms legally enforceable.

How to Use the Decree of Dissolution of Marriage and Settlement Agreement

The decree of dissolution and settlement agreement are used together to finalize a divorce. The MSA outlines the terms agreed upon by both parties, while the decree serves as the official document that concludes the marriage. To use these documents effectively:

• Draft a comprehensive settlement agreement covering all relevant issues.
• Submit the MSA to the court for approval.
• Once the court signs the decree, the terms become legally binding.

How to Obtain the Decree of Dissolution of Marriage and Settlement Agreement

Obtaining a decree of dissolution and settlement agreement involves several steps:

• Prepare the settlement agreement with all necessary details.
• File the MSA with the appropriate family court in your jurisdiction.
• Attend a court hearing if required, where a judge will review and approve the documents.
• Receive the signed decree from the court, which finalizes the divorce.

Steps to Complete the Decree of Dissolution of Marriage and Settlement Agreement

Completing these documents requires careful attention to detail. Here are the steps:

• Gather all financial documents, including income statements, asset valuations, and debt records.
• Discuss and agree on the division of assets and debts with your spouse.
• Draft the settlement agreement, ensuring it includes all necessary provisions for child custody, support, and property division.
• Review the agreement with a legal professional to ensure compliance with state laws.
• File the MSA with the court and pay any required fees.
• Attend the court hearing to finalize the decree.

Why Should You Use a Decree of Dissolution of Marriage and Settlement Agreement?

Utilizing a decree of dissolution and settlement agreement is essential for several reasons:

• It provides a clear legal framework for ending the marriage.
• It helps avoid lengthy and costly court battles by resolving issues amicably.
• The settlement agreement allows both parties to have a say in the terms of their divorce.
• Once approved, the decree makes the terms enforceable by law, providing security for both parties.

Important Terms Related to the Decree of Dissolution of Marriage and Settlement Agreement

Understanding key terms is crucial when dealing with these documents:

• Marital Settlement Agreement (MSA): A contract detailing the division of assets and responsibilities.
• Child Custody: Legal terms outlining where children will live and how decisions will be made.
• Spousal Support: Financial support one spouse may provide to the other after divorce.
• Enforceability: The ability of the terms in the decree to be upheld in a court of law.

Key Elements of the Decree of Dissolution of Marriage and Settlement Agreement

Both documents must include specific key elements to be effective:

• Identification of both parties involved in the marriage.
• A detailed list of assets and debts being divided.
• Provisions for child custody and support, if applicable.
• Signatures of both parties, indicating mutual agreement.

State-Specific Rules for the Decree of Dissolution of Marriage and Settlement Agreement

Each state may have different requirements for these documents. It's important to be aware of:

• Filing fees and court procedures specific to your state.
• Mandatory waiting periods before a divorce can be finalized.
• State laws regarding child custody and support calculations.
• Any specific forms or additional documentation required by the court.