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  1. 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

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  2. MARITAL SETTLEMENT AGREEMENT. 1. INTRODUCTORY PROVISIONS. 1.01 IDENTIFICATION OF PARTIES. ______This agreement is made between ____________________________, hereafter referred to as “Husband” and __________________________, hereafter referred to as “Wife”. 1.02 DATE OF MARRIAGE.

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  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.

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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.
  4. A marital settlement agreement is a legally binding contract that is mandatory for the divorce process in the state of California. It outlines the conditions under which a couple filing for divorce will part ways, including how assets and debts will be distributed.

  5. Generally, this is agreement resolves all rights and obligations that apply in your case. It AGREEMENT should include ALL items listed in the PETITION and the RESPONSE, if one was filed. These items include division of property, child custody and visitation, along with child and spousal support.

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  7. Divorce Forms. 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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