Georgia Separation Agreement

SEPARATION AGREEMENT

IN THE SUPERIOR COURT OF COUNTY

STATE OF GEORGIA

FAMILY DIVISION

This is an Agreement by and between (hereinafter referred to as "Wife") and (hereinafter referred to as "Husband").

WITNESSETH

WHEREAS, the parties are married but are currently living in a bona fide state of separation; and

WHEREAS, there has/have been child(ren) born as issue of the marriage, to wit:

WHEREAS, the parties desire to settle between themselves all questions of division of property, child custody, visitation, child support, alimony, and all other rights and obligations arising out of their marital relationship;

NOW THEREFORE, in consideration of the mutual covenants hereinafter contained, the parties agree as follows:

1.

The parties shall continue to live separate and apart and each shall be free from interference, molestation, authority and control, direct or indirect, by the other, as fully as if sole and unmarried, and each may reside at such place or places as he or she may select.

2.

(Check a, b, or c)

a) The Husband Wife shall have the temporary and permanent legal and physical custody of the minor child(ren) born as issue of the marriage.

b) The Husband and Wife shall share joint legal custody of the minor child(ren). The parties shall share decision-making concerning the children; however the Husband Wife shall have the right to make the final decision in the event the parties cannot agree.

Primary Physical custody of the minor child(ren) shall be with the Husband Wife as follows:

Secondary Physical custody shall be with the Husband Wife as follows:

c) The Husband and Wife shall share joint legal custody and joint physical custody of the minor children.

Physical custody shall be shared by the parties as follows:

The parties shall share decision-making concerning the children; however, in the event the parties cannot decide the Husband Wife shall have the final decision concerning the following:

3.

The Husband Wife shall have the right of visitation with the minor child(ren) as follows:

OR

as set out in the Visitation Schedule attached hereto and incorporated herein.

4.

The parties agree that the welfare of the child(ren) is of paramount importance and each agrees to foster a feeling of affection between themselves and the child(ren). Neither party shall do anything to hamper the natural development of the child(ren)'s love and respect for the other party.

5.

NOTICE NOTICE NOTICE

The new Georgia Child Support Guidelines went into effect on 1/1/07. Any child support calculations must now be made using the new guidelines. To obtain the forms and instructions, go to: https://services.georgia.gov/dhr/cspp/do/public/SupportCalc.

a) The Husband Wife shall pay to the Husband Wife, as support of the minor child(ren), the sum of Dollars per for a total of Dollars to be paid per starting on and continuing per thereafter until the child reaches the age of eighteen, marries, dies or otherwise becomes emancipated or so long as the child is enrolled in and attending secondary school not to exceed age 20. The child support obligation shall be reduced as follows / terminated in the event of said occurrence.

b) All payments of child support shall be paid as follows: (If you have an Income Deduction Order, payments must be paid into the Family Support Registry.) (Check 1 or 2)

1) Directly to Wife Husband at the following Address:

No Income Deduction Order will be entered into at this time.

2) To the Family Support Registry pursuant to an Income Deduction Order. (Make sure to complete the Income Deduction Order packet)

6.

The Husband Wife shall maintain a policy of medical, dental and hospitalization insurance for the benefit of the minor child(ren) for so long as the child support obligation set forth herein exists.

Costs not covered under the insurance policy shall be provided as follows:

The Husband Wife shall provide the Husband Wife with an insurance identification card or such other acceptable proof of insurance coverage and shall cooperate with the Husband/ Wife in submitting claims under the policy.

7.

(Check a or b)

a) The Husband/ Wife shall pay to the Husband/ Wife as alimony, the sum of Dollars per to be paid beginning on day of and continuing thereafter until the Husband Wife remarries or dies.

b) The parties hereby expressly waive alimony for past, present and future.

8.

(Check a or b)

a) The parties acknowledge that they have previously made a division of their household furniture, furnishings, household goods, equipment and other such personalty. Neither party shall claim any of the property in the possession of the other as of the date of the signing of this agreement.

b) The parties acknowledge that they possess various items of jointly owned property, which shall be divided as follows:

1) To the Wife

2) To the Husband

9.

(Check a or b)

a) The parties acknowledge that they have no outstanding joint debts.

Husband’s initials Wife’s initials

b) The parties acknowledge they have the following joint debts:

CreditorAmount of debt

1) The Husband shall be responsible for the following debts:

and indemnifies and holds the Wife harmless for any collections on those obligations.

2) The Wife shall be responsible for the following debts:

and indemnifies and holds the Husband harmless for any collection on those obligations.

10.

The parties acknowledge that they have entered into this Agreement freely and voluntarily and that it is not the result of any duress or any undue influence.

11.

The Agreement constitutes the entire understanding of the parties. There are no representations, warranties, covenants, or undertaking other than those expressly set forth herein.

12.

It is expressly understood that this Agreement does not obligate the parties to continue to live in a state of separation or to proceed with an action for divorce. However, in the event that either party shall bring or maintain an action for dissolution of the marital relationship, this Agreement shall be presented to the court and incorporated by reference into any judgment or decree concerning the matters provided herein. Notwithstanding such incorporation, this Agreement shall survive and be enforceable independently of the judgment or decree.

IN WITNESS WHEREOF, the parties have signed their names, this day of , as to the Wife and this day of , as to the Husband.