Divorce Settlement Order

DIVORCE SETTLEMENT ORDER

This Divorce Settlement Order is entered on this in the matter of the marriage dissolution proceeding identified by Case Number: . Petitioner Name: and Respondent Name: have submitted a written marital settlement agreement and request that the terms of that agreement be incorporated into this Order.

RECITALS

WHEREAS, the parties were lawfully married and an action for dissolution of marriage is pending between them; and

WHEREAS, after disclosure of financial information and negotiation, the parties have entered into a written Marital Settlement Agreement dated that resolves all issues of property division, support, custody, and related matters; and

WHEREAS, the Court finds the settlement terms to be fair and reasonable and suitable for incorporation into an enforceable Court Order;

NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED as follows:

1. INCORPORATION OF AGREEMENT

The Marital Settlement Agreement dated (the "Settlement Agreement") is hereby incorporated by reference and made a part of this Order. Where the terms of this Order conflict with the Settlement Agreement, the terms of this Order shall govern.

2. PROPERTY DIVISION

2.1 Real Property: The parties agree to divide real property as follows:

2.2 Bank and Investment Accounts: The parties shall divide bank and investment accounts as set forth below. Each account listed shall be transferred, closed, or title changed within of this Order.

2.3 Retirement Accounts and Pensions: Division of retirement benefits shall be accomplished by QDRO or other appropriate instrument if required. Specific division instructions:

3. DEBTS AND LIABILITIES

The parties shall assume and be responsible for debts as follows. Each party shall indemnify and hold the other harmless from any liability for debts assigned to that party, except as otherwise set forth below.

4. SPOUSAL SUPPORT

4.1 Amount and Duration: Spousal support shall be paid in the amount of $ per , commencing on and continuing for unless modified by a court of competent jurisdiction.

4.2 Security: If security for spousal support is required, the parties shall comply with the provisions set forth in the Settlement Agreement and shall file any necessary notices of lien or instrument within the time specified.

5. CHILD CUSTODY, PARENTING TIME, AND SUPPORT

5.1 Custody: Legal custody shall be . Physical custody shall be .

5.2 Parenting Plan: The parties shall adhere to the parenting plan described below, including holidays, vacations, and decision-making protocols.

5.3 Child Support: Child support shall be paid in the amount of $ per , beginning on . Child support calculations and adjustments shall follow the jurisdiction's child support guidelines.

5.4 Tax Exemptions: The parties shall allocate dependency exemptions and tax benefits as follows:

6. INSURANCE AND HEALTH CARE

6.1 Health Insurance: The parties shall provide health insurance for the minor children as follows: . Out-of-pocket uninsured medical expenses shall be allocated as follows:

7. RETIREMENT AND INSURANCE DIRECTIVES

7.1 QDRO/Assignment: If a Qualified Domestic Relations Order or other assignment is necessary to effectuate division of retirement benefits, the parties shall cooperate to prepare and submit such instruments. QDRO required: Yes

8. TAXES AND FILING RESPONSIBILITIES

Each party shall be responsible for filing tax returns for periods during which they were individually responsible for income, and parties shall cooperate in providing necessary tax documents. Any tax consequences arising from property transfers shall be borne as set forth in the Settlement Agreement.

9. ATTORNEY'S FEES AND COSTS

Unless otherwise specified in the Settlement Agreement, each party shall bear his or her own attorney's fees and costs. If an award of attorney's fees is provided, payment shall be made in the manner and within the time set forth:

10. ENFORCEMENT AND JURISDICTION

The Court shall retain continuing exclusive jurisdiction to enforce, interpret, and modify this Order as necessary. Enforcement remedies include contempt and other equitable relief. The prevailing party in any enforcement action is entitled to reasonable attorney's fees and costs.

11. MODIFICATION

Except as provided by statute, terms relating to child custody, parenting time, and child support may be modified upon a showing of material change in circumstances. Terms concerning property division and final distribution are final and may be modified only by written agreement of the parties or order of the Court for legally recognized cause.

12. NOTICES

13. MISCELLANEOUS PROVISIONS

Governing Law: This Order shall be governed by and construed in accordance with the laws of the state in which the dissolution action is pending.

Entire Agreement: This Order and the incorporated Settlement Agreement constitute the entire agreement between the parties with respect to the matters herein and supersede all prior agreements, understandings, and representations, whether oral or written.

Severability: If any provision of this Order is held invalid or unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.

Amendments and Waiver: No amendment or waiver of any provision of this Order shall be effective unless in writing and signed by both parties. No waiver of any breach shall constitute a waiver of any other breach.

Counterparts: This Order may be executed in counterparts, each of which shall be deemed an original but all of which together shall constitute one instrument.

ACKNOWLEDGMENTS

The parties acknowledge that they have read this Order and the incorporated Settlement Agreement, understand their rights and obligations hereunder, have had the opportunity to obtain independent legal advice, and enter into this settlement voluntarily and without coercion.

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