No Fault Divorce Agreement

A No-Fault Divorce Agreement is a legal document used in a divorce proceeding where neither party is required to prove fault or wrongdoing on the part of the other spouse. Instead, the divorce is granted based on irreconcilable differences or a similar ground. This agreement outlines the terms of the divorce, including the division of property, child custody, and support.

Here’s a basic template for a No-Fault Divorce Agreement:

No-Fault Divorce Agreement

This No-Fault Divorce Agreement ("Agreement") is made and entered into on [Date], by and between:

Spouse 1: [Full Name], residing at [Address]
Spouse 2: [Full Name], residing at [Address]

Recitals:

1. Marriage: The parties were married on [Date of Marriage] in [City, State].
2. Grounds for Divorce: The parties agree to dissolve their marriage on the grounds of irreconcilable differences, without assigning fault to either party.
3. Purpose: The purpose of this Agreement is to settle all issues related to the divorce, including property division, alimony, child custody, and support.

1. Division of Property

1.1 Marital Property
The parties agree to divide the marital property as follows:

• Real Estate: [Detail division of any real estate, e.g., "The marital home located at [Address] shall be transferred to Spouse 1."]
• Personal Property: [Detail division of personal property, e.g., "Spouse 1 shall retain the vehicles, while Spouse 2 shall retain the household furnishings."]
• Bank Accounts: [Detail division of bank accounts, e.g., "The joint bank account with [Bank Name] shall be divided equally, with each party receiving 50% of the balance."]
• Retirement Accounts: [Detail division of retirement accounts, e.g., "Each party shall retain their respective retirement accounts, including pensions and 401(k)s."]

1.2 Debts
The parties agree to be responsible for the following debts:

• Spouse 1: [Detail which debts Spouse 1 will be responsible for.]
• Spouse 2: [Detail which debts Spouse 2 will be responsible for.]

2. Alimony

2.1 Amount and Duration

• Spouse 1 shall pay alimony to Spouse 2 in the amount of [Specify Amount] per [month/year] for a period of [Specify Duration], beginning on [Start Date].

2.2 Modification

• Alimony may be modified based on [Specify Conditions, e.g., significant change in circumstances].

3. Child Custody and Support

3.1 Custody Arrangement

• Physical Custody: [Specify who will have physical custody, e.g., "The child(ren) will reside primarily with Spouse 1."]
• Legal Custody: [Specify shared or sole legal custody arrangements.]

3.2 Visitation Schedule

• Spouse 2 will have visitation rights according to the following schedule: [Detail visitation schedule, e.g., "Every other weekend from Friday 6:00 PM to Sunday 6:00 PM."]

3.3 Child Support

• Spouse 1 will pay child support to Spouse 2 in the amount of [Specify Amount] per [month], beginning on [Start Date].

4. Health Insurance

4.1 Coverage

• Spouse 1 shall maintain health insurance coverage for the child(ren) and may also maintain coverage for Spouse 2 until [Specify End Date].

4.2 Medical Expenses

• Uncovered medical expenses for the child(ren) shall be divided as follows: [Detail division of medical expenses, e.g., "50% each."]

5. Tax Matters

5.1 Dependency Exemptions

• The parties agree that the dependency exemptions for the child(ren) will be claimed by [Specify which spouse] for the tax year [Specify Year] and alternately in subsequent years.

6. Dispute Resolution

6.1 Mediation

• In the event of a dispute regarding the interpretation or enforcement of this Agreement, the parties agree to seek mediation before pursuing other legal remedies.

7. Modifications

7.1 Changes

• This Agreement may be modified by mutual written consent of both parties or by a court order if necessary. All modifications must be documented and signed by both parties.

8. Signatures

By signing below, both parties acknowledge that they have read, understood, and agreed to the terms of this No-Fault Divorce Agreement.

Spouse 1:
Signature: ___________________________
Printed Name: ________________________
Date: _______________________________

Spouse 2:
Signature: ___________________________
Printed Name: ________________________
Date: _______________________________

Notarization

[If required, have the Agreement notarized to add an extra layer of legal authenticity.]

This template provides a starting point for drafting a No-Fault Divorce Agreement. It's important to tailor the details to your specific situation and legal requirements. Consulting with a family law attorney is highly recommended to ensure that the agreement is comprehensive and legally binding.