By choosing a "do it yourself divorce" you've saved money but you're not done yet. You’ve gone through the process, completed your financial disclosures, agreed on the terms of your divorce, and submitted your initial paperwork to the court. What now? Now it's time to put your deal in writing!
What’s in the Settlement Agreement (sometimes referred to as a Stipulated Judgment)?
Most Settlement Agreements will cover all or some of the following:
- Spousal Support
- Property Division
- Division of Debt
- Child Support
Generally speaking, your settlement agreement will contain all of the terms of your divorce that you and your spouse have negotiated and agreed upon. As long as you and your spouse are on the same page regarding the terms in the settlement agreement, and sign the agreement voluntarily, you can finalize your divorce case without having to appear in court.
As long as the judge determines that the agreement was fairly negotiated, and the terms do not blatantly favor one spouse over the other, the settlement agreement should be approved by the court. Your divorce will not be finalized until you have signed your divorce agreement and a judge has approved and signed off on it. . Once your divorce has been approved by the court, the court will send you a copy of the approved divorce judgment and notice of entry of judgment in the mail.
Modifying Your Divorce Decree
Most people assume that once their divorce settlement agreement has been filed and approved by the court, the terms of their divorce are set in stone. However, this is not always the case. It may be possible for a party to seek a modification of some or all of the terms of a divorce settlement agreement. Parties usually seek modifications of divorce judgments if new circumstances arise that could change child custody, child support, or spousal support arrangements that were reached in the original agreement. For example, if one party has been ordered to pay support, but then loses his or her job, the terms of the agreement might be modified temporarily to account for the change in income.
If both spouses agree to change certain parts of the settlement agreement, they can do so without having to go to court. If a spouse does not voluntarily agree to change a settlement agreement, a motion to ask to change the agreement, or certain parts of it, can be made to the court.
Divorce Settlement Agreements with It’s over easy
With it’s over easy, you and your spouse can negotiate and work to resolve issues of child custody, support, and the division of your assets and debts so that you can reach an agreement on all of the terms of your divorce. Our platform can help you include all settlement terms into an enforceable judgment and file it in the court in your jurisdiction. For more information, here's another article on diy divorce.