Divorce Dissolution of Marriage Form

DIVORCE DISSOLUTION OF MARRIAGE AGREEMENT

This Divorce Dissolution of Marriage Agreement (the Agreement) is made and entered into on Effective Date: by and between Petitioner Name: , residing at , and Respondent Name: , residing at . Petitioner and Respondent are hereinafter referred to individually as a Party and collectively as the Parties.

RECITALS

WHEREAS, the Parties were lawfully married on in ; and

WHEREAS, the Parties have since lived separate and apart since and have resolved property, support and custody matters by mutual agreement as set forth herein; and

WHEREAS, the Parties desire to dissolve their marital relationship and to reduce to writing the terms upon which the dissolution shall be effected without further contested proceedings.

NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. DISSOLUTION OF MARRIAGE

The Parties agree to dissolve their marriage and elect to enter a final decree of dissolution on the terms set forth in this Agreement. Each Party represents and warrants that there are no legal impediments to the entry of a decree dissolving the marriage in accordance with this Agreement.

2. JURISDICTION AND VENUE

The Parties agree that the court having jurisdiction over the dissolution proceeding shall be the court of competent jurisdiction in the county in which either Party resides at the time of filing. The Parties submit to the jurisdiction of that court for the purpose of obtaining a decree incorporating this Agreement.

3. CHILDREN AND PARENTING

The Parties certify that the following minor children were born of the marriage:

Custody: The Parties agree that custody of the minor children shall be decided as follows (check appropriate boxes and provide details):

Joint legal custody (shared decision-making regarding health, education and welfare)     Sole legal custody to:

Physical custody arrangement summary (describe schedule, holidays, vacations and exchanges):

4. CHILD SUPPORT

The Parties agree that child support shall be paid in accordance with the following terms and the applicable statutory guidelines. The Parties stipulate that the initial monthly child support payment shall be: $ payable by to on or before the day of each month.

5. SPOUSAL SUPPORT / ALIMONY

The Parties acknowledge the following regarding spousal support: No spousal support shall be paid by either Party.    Spousal support shall be paid as follows:

Monthly amount: $; Duration: ; Commencing on: .

6. DIVISION OF PROPERTY AND DEBTS

The Parties agree to divide marital property and debts as follows. Each Party warrants that the schedule below is a complete and accurate statement of the assets and liabilities subject to division.

7. RETIREMENT, BENEFITS AND TAX MATTERS

Retirement and pension benefits shall be divided as set forth below. The Parties agree to cooperate in obtaining any qualified domestic relations order or other legal instrument necessary to effectuate the division.

Tax treatment: The Parties shall prepare and file tax returns in a manner consistent with this Agreement. Any tax consequences, including claims for deductions or credits, shall be allocated as follows:

8. HEALTH INSURANCE; MEDICAL EXPENSES

The Parties agree that the following shall govern health insurance and unreimbursed medical expenses for the minor children and/or the Parties:

Primary health insurance provided by: Petitioner    Respondent

Allocation of uninsured medical expenses:

9. ATTORNEYS' FEES AND COSTS

Each Party shall be responsible for their own attorneys' fees and costs incurred in connection with the dissolution, except as otherwise ordered by the court or expressly provided in this Agreement:

10. MUTUAL RELEASE

Except as expressly provided in this Agreement, each Party releases and forever discharges the other Party from any and all claims, causes of action, demands, or liabilities, whether known or unknown, arising out of the marital relationship or its dissolution.

11. INJUNCTIVE RELIEF

The Parties agree that a breach of the provisions concerning custody, spousal support, child support, or disposition of property could cause irreparable harm for which monetary damages may be insufficient. Accordingly, each Party consents to injunctive relief as an appropriate remedy for breach in addition to any other remedies available at law or in equity.

12. NOTICES

Any notice required or permitted under this Agreement shall be in writing and shall be delivered by personal service, certified mail, or overnight courier to the addresses below or to such other address as either Party may designate in writing:

13. AMENDMENT; WAIVER

This Agreement may be amended only by a written instrument signed by both Parties. The failure of either Party to insist upon strict performance of any provision shall not be construed as a waiver of that provision or any other provision.

14. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state in which the dissolution action is filed, without regard to choice-of-law principles.

15. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written.

16. SEVERABILITY

If any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

17. COUNTERPARTS AND ELECTRONIC SIGNATURES

This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Facsimile or electronic signatures shall be given the same force and effect as original signatures.

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