Fill and Sign the Alabama Separation Form

In re the Marriage of )       County Circuit Court )       ) ) Plaintiff, ) ) Civil Action No.       v. ) )       ,       , ) ) Defendant, ) Agreement The above named parties,       (the Wife), and       , (the Husband), desiring to settle all financial matters by mutual agreement and having reached this agreement on this date, do execute this instrument as a memorandum for final agreement and decree as follows: 1. Children. 1.1. Custody. 1.1.1. The Husband and the Wife will jointly share in the care, custody, and control of the minor children of the parties, namely       , born             ,       and       , born             ,       (the Children). The Husband and the Wife mutually acknowledge the needs of the Children for each parent’s love, attention, and guidance, and the parties agree to cooperate fully with each other in order to provide for the best interest and welfare of the Children. The parties further recognize the need to cooperate with each other in matters affecting the general health, welfare, education, and well being of the Children. 1.1.2. The parties intend for the Wife to be the primary physical custodian for the Children. The parties further intend for the Wife to have responsibility for making day-to-day decisions affecting the Children’s lives. The Husband and the Wife will consult with each other and will mutually agree with respect to major decisions affecting the Children. 1.2. Visitation The Wife and the Husband will cooperate to devise a parenting plan that responds to the needs of the Children. Both the Wife and the Husband intend for this schedule and plan to be as flexible as possible. If the Wife and the Husband are not able to agree on the parenting schedule, however, the Husband will have the right to visit the Children as follows: 1.2.1. The first and third full weekends of each month from 6:00 p.m. on Friday until 6:00 p.m. the following Sunday (the first weekend of a month beginning on the first Friday of each month). 1.2.2. Each Christmas Day from 3:00 p.m. until 3:00 p.m. on the following New Year’s Day. 1.2.3. Thirty-one (31) days during the summer (to be taken between       and       ), to be selected by the Husband but upon written notice to the Wife at least thirty (30) days in advance of such visitation; 1.2.4. During the odd years, A.E.A. (Spring Break) vacation from 9:00 a.m. Saturday until the following Saturday at 6:00 p.m. 1.2.5. During the even years, Thanksgiving vacation from 6:00 p.m. Wednesday until Sunday at 6:00 p.m. 1.2.6. Every other birthday of each child from 6:00 p.m. on said date until 8:00 a.m. of the following day, beginning with the next birthday. 1.2.7. Every Father’s Day from 9:00 a.m. until 6:00 p.m. of the same day. 1.2.8. On the birthday of the Husband from 3:00 p.m. on said date until 8:00 p.m. of the same day. 1.2.9. At such other times as agreed upon between the parties. Each parent shall keep the other informed on a current basis as to the primary residence address and telephone number where the Children reside or visit. 1.3. Child Support. 1.3.1. The Husband will pay to the Wife $       per month for the support and maintenance of the Children. Said payments will begin on       and will continue on the first day of each month thereafter. Child Support will continue as to each child until that child reaches the age of 19, enters college, marries, becomes self-supporting, dies, or as otherwise provided by law. 1.3.2. This Agreement incorporates by reference a separate order entitled “Order for Income Withholding.” This order will be served on the Husband’s employer immediately. 1.4. Medical Costs. 1.4.1. The Husband will provide and maintain hospitalization and major medical insurance for the use and benefit of the Children and will furnish appropriate cards for the Wife’s use. 1.4.2. The Husband will pay for 50% of any and all reasonable and necessary doctor, hospital, medical, prescription drug, vision, dental, orthodontic, or other medically related expenses for the Children not covered by insurance. The Husband will pay such expenses as they are incurred. The Wife will pay the remaining 50%. 1.4.3. The obligations to pay for medical insurance and medical expenses will continue as to each child until that child reaches the age of 19, marries, becomes self-supporting, dies, or as otherwise provided by law; except that if a child enrolls in college, such obligations will continue until the obligation to pay for college terminates. 1.5. College The Husband will pay       % and the Wife will pay       % of the expenses for each child of tuition, room and board, fees, and books for up to four years of undergraduate education, at the then-prevailing rates for an in-state student at       . Neither party’s obligation will exceed four academic years and will not extend past such child’s       birthday. Each party’s obligation will be due only when such child has maintained at least a       average in any preceding college courses. The reference to the specific school above is not intended to require that either child attend that school, but merely to provide a reference for each party’s maximum financial obligation for college. 2. Property. 2.1. The Marital Home. 2.1.1. The parties jointly own real estate located at       ,       , AL       (the House). The Husband will convey to the Wife all of his right, title, and interest in the House by quitclaim deed. The Wife will have all rights to the escrow account. The Wife will be solely responsible for, and will pay, the mortgage debt on the House as it matures. The Wife will hold the Husband harmless from the mortgage debt on the House. 2.1.2. On or before       , the Wife will have the Husband’s name removed from the loan on the House, either by selling the House, refinancing the House, or by other means, at no cost to the Husband. 2.2. Automobiles. Each party will retain the vehicle or vehicles already owned or leased in his or her sole name and shall hold the other party harmless from any liability arising from indebtedness or lease obligations related to such vehicle(s). 2.3. Bank Accounts. 2.3.1. The joint bank account at       is hereby awarded to the Wife. The Wife will either close this account or have the Husband’s name removed from it. 2.3.2. The joint bank account at       is hereby awarded to the Husband. The Husband will either close this account or have the Wife’s name removed from it. 2.3.3. The parties have already agreed on a division of their remaining bank accounts. Each party will retain sole ownership in the accounts that bear his or her name. 2.4. Other Personal Property. 2.4.1. The Husband and the Wife have agreed to an equitable division of their personal property. 2.4.2. All other items of personal or real property currently in the Husband’s name or belonging solely to him (except as specifically described in this Agreement), including without limitation cash, bank accounts, clothing, clothing accessories, jewelry, securities, retirement plans, business interests, partnerships, insurance policies, and books, music, art, tools, equipment, and intellectual property, shall be his sole property, and the Wife hereby renounces any interest that she may have therein. 2.4.3. All other items of personal or real property currently in the Wife’s name or belonging solely to her (except as specifically described in this Agreement), including without limitation cash, bank accounts, clothing, clothing accessories, jewelry, securities, retirement plans, business interests, partnerships, insurance policies, and books, music, art, tools, equipment, and intellectual property, shall be her sole property, and the Husband hereby renounces any interest that he may have therein. 3. Marital Obligations. 3.1.1. Each party will be responsible for the debts incurred in that party’s sole name and will hold the other party harmless from any liability arising from said indebtedness. 4. Alimony. Both the Husband and the Wife waive any and all right to receive periodic alimony, past, present and future. 5. Miscellaneous. 5.1. Taxes. 5.1.1. Each party will each prepare and file separate federal and state tax returns for       , at each party’s sole expense. Each party will pay his or her own deficiency; if any, and each party will retain his or her own refund(s), if any. 5.1.2. The parties agree that the Wife provided the funds to pay the property taxes and mortgage interest on the House during       and that she is entitled to deduct these expenses on her       income tax return. 5.2. Execution. Each party shall execute any and all documents necessary to effectuate the terms of this agreement including, but not limited to, deeds, bills of sale, certificates of title, tax forms, real estate contracts, and the like. If this Agreement requires the Husband or the Wife to accomplish an act but doesn’t state a time limit for completion, the act will be completed within 60 days after the divorce is effective. 5.3. Wife’s Name. The Wife’s maiden name,       , will be restored to her. 5.4. Costs. Each party shall pay his or her respective attorney, if any. The plaintiff shall pay court costs. THE PARTIES HAVE EXECUTED THIS AGREEMENT to be effective on the date the divorce is effective. __________________________________       Plaintiff __________________________________       Defendant