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  1. to make a final and complete settlement of all rights and obligations between the parties, including all property rights and, if applicable, all rights and obligations concerning child custody and visitation, child support, and spousal support.

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  2. This Marital Settlement Agreement (“Agreement”) made this _____, is an agreement to dissolve the marriage between: HUSBAND: _____, (“Husband”) and WIFE: _____, (“Wife”). The terms "Husband" and "Wife" have no correlation to the person's gender and are solely used to

  3. purpose of this Agreement is to make a final and complete settlement of all rights and obligations between the Parties, including all property rights and all rights and obligations concerning child custody and visitation, child support and spousal support.

  4. All California courts use the same basic set of forms for divorce. You can find the most commonly-used forms on this page. If you are not sure which forms to use, talk to your Self-Help Center or a lawyer. Some courts have special local forms too.

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    • Petition for Divorce. The person filing for divorce, the “petitioner,” must begin by completing a Petition – Marriage/Domestic Partnership. In this form, the petitioner provides general information about the marriage and makes requests for orders concerning alimony, child support, parental rights, and property and debt distribution.
    • Parenting Documents. Spouses with children under the age of eighteen (18) will need to fill out a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act.
    • File for Divorce. The petitioner should contact a clerk of the court, a family law facilitator, or a self-help center to see if any locally-issued documents are required for their divorce.
    • Serve the Papers. Copies of the divorce forms must be served on the other spouse (the “respondent”) by a process server, a county sheriff, or any third-party aged eighteen (18) or older.
  5. Some courts have programs where you and your spouse can go to court to complete your agreement and even finish your divorce that day. Court staff cannot offer legal advice, but can offer information about what forms you would need to complete the divorce.

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  7. Drafting a marital settlement agreement California is a pivotal part of divorce. It spells out asset division, child custody, and support terms. This guide offers the straightforward advice you need to create a binding and fair settlement, ensuring a smoother transition into post-divorce life.