Divorce & Family

Marital Settlement Agreement

Property, debts, support and parenting terms, ready to incorporate into the decree.

What you get

  • An editable Word document, drafted from your answers and the state's published law.
  • A proof of sources: every citation in the draft with the words it quotes, the source and whether it is the official text, the date the text was saved and its fingerprint.
  • Notes for counsel listing each point marked [VERIFY], each blank and each choice left for the client.

What the intake asks

Plain questions, in the order an attorney would take the facts. Anything left blank stays a marked blank in the draft; nothing is invented to fill it.

The parties

  • Our client
  • The other spouse
  • Our client is the
  • Date of marriage
  • Date of separation

Children and support

  • Minor children
  • Children
  • Custody arrangement
  • Who pays child support
  • Child support per month
  • What does the state's guideline produce
  • If the agreed amount differs from the guideline, why
  • and 1 more

Spousal support

  • Spousal support
  • Can the support be changed later
  • Spousal support amount and duration
  • Spousal-support payment and termination terms

Property and debts

  • Marital home
  • Home details
  • Vehicles
  • Bank and investment accounts
  • Retirement accounts and pensions
  • What kinds of retirement are being divided
  • Debts

Insurance, college and taxes

  • Children's health insurance and unreimbursed medical
  • College or post-secondary expenses
  • Life insurance to secure support
  • Health insurance for the other spouse after the divorce

How the agreement was reached

  • Have both parties exchanged financial disclosure
  • Is the other spouse represented
  • Tax matters

The decree

  • How the agreement meets the final decree
  • Attorney's fees and enforcement costs
  • Default, notice, cure and unresolved-asset terms
  • Releases, estate rights and beneficiary-designation changes
  • Home transfer or sale mechanics
  • Other terms

Where it is offered

Every state Lawsmith has sources for:

Sources on file

The drafter works from the texts Lawsmith has saved for this document in the state you choose, plus federal law where it applies. Each is read from its government publisher and dated, and labelled official only where the state designates that text official.

StateSources for this document
California34
Connecticut29
Delaware27
District of Columbia34
Florida22
Maryland27
Massachusetts30
New Jersey26
New York23
Ohio21
Pennsylvania43
Texas30
Virginia27

Among them, for New Jersey:

  • N.J.S.A. 2A:34-2 Causes for divorce from bond of matrimony.
  • N.J.S.A. 2A:34-10 Jurisdiction in divorce proceedings, dissolution of a civil union, legal separation from a partner in a civil union couple; service of process; residence requirements.
  • N.J.S.A. 2A:34-23 Alimony, maintenance.
  • N.J.S.A. 2A:34-23.1 Equitable distribution criteria.
  • N.J.S.A. 9:2-4 Custody of child; rights of both parents considered.

The law on file, state by state

What the drafter reads for this document in each state, from the publisher's own pages. A listed text is on file; whether it governs your matter is your call. The collection does not establish complete legal coverage.

California

Connecticut

Delaware

District of Columbia

Florida

Maryland

Massachusetts

New Jersey

New York

  • N.Y. Dom. Rel. Law § 240. Custody and child support; orders of protection statute

    DRL 240 includes custody and the Child Support Standards Act. Subdivision (1-b)(h) prescribes nonwaivable advisement and presumptively-correct-obligation recitals for the covered agreements or stipulations presented for…

  • Child Support and Spousal Maintenance guidance

    States that an income withholding order served on a member's employer before retirement does not carry over to pension payments, that a new order must be served on NYSLRS after retirement, and that NYSLRS can deduct…

  • N.Y. Dom. Rel. Law § 255. Notice of health care coverage statute

    A court may not enter a final judgment of annulment or divorce, or a judgment of separation, unless the parties have been given notice, in a separation agreement or stipulation or in a written instrument or on the…

  • Child Support Services guidance

    The New York City child support agency's description of what it does: establishing parentage, establishing support and medical support orders, collecting and distributing payments, and modifying and enforcing orders.

  • Draft a DRO Using the NYSLRS Template guidance

    Describes the Comptroller's own domestic relations order template, how to obtain it and what has to be filled in, and warns that departures from the template slow or defeat approval.

  • N.Y. Dom. Rel. Law § 237. Counsel fees and expenses statute
  • Determining the Ex-spouse's Share guidance

    Sets out the ways a NYSLRS benefit can be split, including the Majauskas formula, a fixed dollar amount, a straight percentage and a share computed on a hypothetical benefit frozen at the commencement date, and explains…

  • Divorce and Your Benefits — Overview guidance

    The Comptroller's guide for dividing a New York State and Local Retirement System benefit in a matrimonial action, indexing the pieces that a complaint and a settlement have to anticipate: service credit, loans,…

  • The Domestic Relations Order guidance

    Explains what a domestic relations order must do to be accepted by NYSLRS, that the judgment of divorce alone does not divide the pension, and that the order has to be submitted and approved.

  • Violating the Terms of a DRO guidance

    THE TERMS OF A DRO ON FILE SUPERSEDE ANY OTHER DESIGNATION. If a member elects a pension option or names a beneficiary in violation of a pre-existing DRO, separation agreement or stipulation, THE COMPTROLLER MAY, AT…

Ohio

Pennsylvania

Texas

Virginia

How the draft is checked

Before it writes, the drafter must quote the saved text behind each citation. Lawsmith compares every quotation with the text on file, character for character; a citation with no checked quotation reaches you marked [VERIFY]. The draft still needs your review before it is signed, filed or sent. How citations are checked

Questions attorneys ask

What does Lawsmith draft for a marital settlement agreement?
Property, debts, support and parenting terms, ready to incorporate into the decree. You start from the matter's documents, describe it in your own words, or answer plain intake questions, and the draft comes back as an editable Word document for your review.
Which states is the marital settlement agreement offered in?
All 13 states Lawsmith covers: California, Connecticut, Delaware, District of Columbia, Florida, Maryland, Massachusetts, New Jersey, New York, Ohio, Pennsylvania, Texas and Virginia.
Where do the citations come from?
From the statutes, court rules, regulations and forms Lawsmith has saved from each state's government publishers, with the date each text was read and a label saying whether it is the official text. Before writing, the drafter must quote the saved text behind each citation; a citation with no checked quotation reaches you marked for verification.
Is it reviewed by an attorney?
No. Every draft is a first draft for a licensed attorney's review before it is signed, filed or sent. Each citation in it quotes the text Lawsmith has on file or is marked for verification.
What does it cost?
Five documents free, no card. After that, Professional is $499 a month for one attorney.

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