Fill and Sign the Wyoming Marital Separation Form

SEPARATION AND PROPERTY SETTLEMENT AGREEMENT WHEREAS, ___________________ , hereinafter referred to as "Plaintiff", and ___________________ , hereinafter referred to as "Defendant", are now married; and WHEREAS, the parties are separated and now living separate and apart and desire to make a mutually acceptable settlement of their rights, liabilities, obligations and property rights arising out of and during the course of their marital relationship. No reconciliation is contemplated; and WHEREAS, Plaintiff and Defendant are both actual and bona fide residents of _______________ County, State of Wyoming, and were for more than sixty (60) days immediately prior to the commencement of this action; and WHEREAS, t he Parties were lawfully married on _______________ in _______________ County, __________________________ ; WHEREAS, all children of the parties are adults. Wife is not now pregnant; and WHEREAS, Plaintiff and Defendant separated on __________________________ and from said date up to the present, Plaintiff and Defendant have lived separate and apart without any cohabitation. The parties are entitled to a decree of divorce on the grounds of irreconcilable differences pursuant to Wyoming Statutes Annotated, Title 20, Chapter 20, Article 2-104. The marriage between Plaintiff and Defendant is irretrievably broken and there are irreconcilable differences between Plaintiff and Defendant, making it impossible for the marriage to continue; and WHEREAS, Defendant hereby waives his right to file an Answer in this matter, or withdraws any Answer he may have filed, agrees that his default may be entered and agrees that the Court may award Plaintiff an uncontested Decree of Divorce and Judgment in this matter - 1 - consistent with the terms of this Stipulation and without further notice to Defendant; and WHEREAS, The parties hereto agree that the provisions of this Separation and Property Settlement Agreement shall be incorporated into any judgment or Decree of Divorce, and that this Agreement shall survive, and shall not be merged into any judgment, decree or order, which may be issued. NOW THEREFORE, FOR AND IN CONSIDERATION OF the mutual benefits and advantages accruing to each party, the undersigned do hereby solemnly covenant, agree and contract as follows: 1. CHILD CUSTODY : All children born to this marriage are adults over the age of 18. Wife is not now pregnant and no children were adopted by the parties. 2. PROPERTY SETTLEMENT : Husband and Wife are in possession of all personal property belonging to each, and neither makes any claim to any personal property in the possession of the other, except as stated below. Wife shall be entitled to the exclusive use, possession and title to the following assets: (a) ____________________________________________________________________ (b) ____________________________________________________________________ Husband shall be entitled to exclusive use, possession and title to the following assets: (a) ____________________________________________________________________ (b) ____________________________________________________________________ - 2 - The Parties agree to the following additional provisions relating to property settlement: ____________________________________________________________________ _____________________________________________________________________ 3. DEBTS : Wife shall be responsible for her individual debts and Husband shall be responsible for his individual debts. The Parties further agree that the joint debts of the parties shall be paid as follows: (a) Debt to ____________________________ in the approximate amount of $ _________________ shall be paid by ____________ and _____________ shall convey her/his interest same to _____________________ . (b) Debt to __________________________________ in the approximate amount of $ _________________ shall be paid by ____________________________ . (c)       (d)       (e)       4. ALIMONY : Neither Party claims entitlement to alimony as they are not entitled to same and both Parties expressly waive any claim to alimony. 5. LEGAL REPRESENTATION DISCLOSURE : Each party agrees that neither party has been represented by an attorney in this matter and that both parties have had an opportunity to consult, with any attorney of his/her choice. 6. FURTHER DOCUMENTS : Each party agrees that he or she will sign and execute any further or additional documents as may be necessary to put into effect the intended purposes hereof. - 3 - 7. ENTIRE AGREEMENT : This Agreement constitutes the entire agreement between the parties and each party acknowledges that there are no further agreements not expressly included herein and that this Agreement may be modified, altered, or amended only in writing, duly signed and notarized by each in the form of this original. 8. FULLY READ AND UNDERSTAND : Each party represents and acknowledges that he or she has fully read this Agreement, consulted with each other, carefully considered same, and have signed and executed same after such consultation, and after consulting with their respective attorneys, that the signing of this Agreement is free and voluntary without force or collusion by either party or any third party, and that each party signed same with the full knowledge of said party's rights, obligations, and responsibilities. 9. MODIFICATION : This Agreement shall estop and preclude either party from making other or further demands and claims upon the other, not included herein, except that such legal action may be taken by either party as is necessary to enforce or modify the terms and provisions hereof, except that the Property Settlement provision shall not be subject to modification. 10. SUBSEQUENT DIVORCE : It is agreed and understood that this Separation and Property Settlement Agreement is entered into in connection with a Divorce action pending in _________ County, Wyoming and that this Agreement shall be incorporated into the Final Decree of divorce of the Parties. Further, that this Agreement finally settles all rights of the parties and the property jointly or individually owned by the parties, and that this Agreement, and the enforceability thereof, is not contingent upon either party or both parties being granted a divorce on any grounds. 11. CONTROLLING LAW : This Agreement shall be governed, enforced and interpreted according to the laws of the State of Wyoming. - 4 - 12. EFFECTIVE DATE: This Agreement shall not be enforceable until duly executed by both Petition and Defendant. 13. HEIRS AND ASSIGNS: This Agreement shall be binding upon the heirs, administrators, estate and assigns of the parties. IN WITNESS WHEREOF, Plaintiff has executed this Agreement on the _____ day of ______________________ , 20 ___ , and Defendant has executed this Agreement on the _____ day of ______________________ , 20 ___ . _______________________________________ Signature of Plaintiff Print Name: _____________________________ ______________________________________ Signature of Defendant Print Name: _____________________________ STATE OF WYOMING COUNTY OF _________________ The foregoing instrument was acknowledged before me by _________________________ this _____ day of ______________________ , 20 ___ . Witness my hand and official seal. (Seal) ______________________________ Notary Public Printed Name: _________________ My Commission Expires: _________________ STATE OF WYOMING COUNTY OF _________________ The foregoing instrument was acknowledged before me by _________________________ this _____ day of ______________________ , 20 ___ . - 5 - Witness my hand and official seal. (Seal) ______________________________ Notary Public Printed Name: _________________ My Commission Expires: _________________ - 6 -