A divorce settlement agreement, also called a marital settlement agreement, is a written contract between spouses who are ending their marriage. It sets out how they will divide property and debts, and it covers child custody, child support, visitation and spousal support. The court reviews the agreement and usually makes it part of the divorce judgment. Use our free divorce settlement agreement template below to draft yours.
Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current law. If you notice an error or outdated information, please contact us.
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If spouses do not agree on the terms, a judge decides how to divide their property and debts and what support to order. A divorce settlement agreement lets you decide these things yourselves. It helps in three ways:
It is common practice for each spouse to have a separate lawyer. Even if one spouse prepares the agreement, the other should have a lawyer look it over. A spouse who signs without legal advice may miss a provision that protects their interests, and the agreement may be easier to challenge later.
Settle the terms with your spouse before you write anything down. If talking directly is hard, a lawyer or a mediator can speak for you or keep the talks on track. The six steps below take you from your first lawyer meeting to the divorce decree.
Step 1. Consult your attorney
Start by consulting a divorce attorney about the arrangements that suit your case. The attorney can help you define the provisions. If you already have a draft, the attorney can review it and correct mistakes. If you do not have an attorney, ask friends for a referral or contact a bar association's lawyer referral service.
Step 2. Communicate with your spouse
After you and your attorney outline the terms, send your draft to your spouse. Then arrange a meeting. Your spouse needs time to review the draft and to add what they want from the divorce.
Step 3. Meet and negotiate the provisions
Meet with your spouse and negotiate each provision. Start with full financial disclosure, because it shapes child support and spousal support. Both spouses should list:
Many states require full disclosure, and hiding assets can cost the spouse who hides them. Keep your emotions in check while you negotiate.
Sometimes spouses agree on some terms, such as custody, but not on others. In that case you can settle the terms you agree on and use a mediator for the rest.
Step 4. Sign the agreement
When you reach a deal, recheck the document and correct any mistakes. Then both spouses sign. Some states require the signatures to be notarized or acknowledged, so check your state's rules. A notary acknowledgment form is available if you need one.
Step 5. Go to court
Only a court can grant a divorce, so the judge reviews the agreement before the divorce is final. A well-prepared agreement usually moves through court faster.
The test the judge applies differs by state. In some states the judge must accept the agreement unless it is unfair. In others, the agreement takes effect only with the court's approval.
Terms about children stay open to review. If the judge finds a problem, you may be asked to revise the agreement.
Step 6. Receive a divorce decree
If the judge approves the agreement, the court issues a divorce decree, also called a divorce judgment. The decree is the final, enforceable order, and both spouses must follow it. An agreement can speed up the case, but the timing depends on your state and court.
A divorce settlement agreement covers the issues spouses must settle to end a marriage. These are how to divide property and debts, who cares for the children and how they are supported, and whether one spouse pays support to the other. If you cannot agree on the terms, a family law attorney or a mediator can help.
The agreement should say how you will divide your property, assets and debts. Add as many details as you can once both spouses have disclosed everything. Typical items include:
Without clear terms, your property may be divided in a way you did not plan. Some states treat property earned during the marriage as owned by both spouses. This is called community property, and it is divided equally or as the court finds fair.
Most states divide marital property equitably, which means fairly and not always 50/50. Our state pages explain the rule for each state they cover.
The agreement also lets you separate each spouse's own property from shared property. A prenuptial agreement or postnuptial agreement may also affect how property is divided, so check yours before you settle.
If you have minor children, the agreement needs custody and support terms. Custody comes in three common forms:
For primary or sole custody, add parenting time and visitation terms. A parenting plan can set them out in detail. Many agreements also require written notice to the other parent before either parent moves with the child.
Child support often depends on each parent's earning power and on the child's healthcare and extracurricular costs. The parents can propose an amount, but the court reviews it. The judge can also change arrangements for a child's best interest, even when you have an agreement.
Spousal support, also called alimony or maintenance, is money one spouse pays the other after the divorce. The agreement should state:
Support matters most to a spouse who set aside a career to raise children or to help the other spouse's career. It gives that spouse time to get back on track. If neither spouse will pay support, the agreement should say that both waive it.
This table shows each state's typical waiting period for divorce, its usual filing fee and its main divorce statute.
Filing fees are set by states and counties, and they change often. The amount you pay can also include extra charges, such as a fee to serve the papers on your spouse or a parenting class fee. The fees in this table were last checked on October 8, 2026. Confirm the current fee with the court clerk before you file.
| STATES | Waiting periods for divorce | FILING FEE (verified October 2026) | STATE LAW |
| Alabama | At least 30 days | Varies by county (check with the clerk) | Alabama Code, Sections 30-2-1 to 30-2-12, 30-2-51 and 30-4-9 |
| Alaska | 30-90 days | $250 | Alaska Statutes, Chapter 25.24 |
| Arizona | 90-120 days | Varies by county (about $261 to $436) | Arizona Revised Statutes, Title 25, Chapter 3 mostly |
| Arkansas | 3 months (or around 30 days if spouses have been separated for 12 months) | $165 (+$20 if filed electronically) | Arkansas Annotated Code, Title 9, Subtitle 2, Chapter 12 |
| California | At least 6 months | $435 ($450 in some counties) | California Family Code, Division 6, Sections 2000-2452 |
| Colorado | 6-9 months | $260 | Colorado Revised Statutes, Title 14, Article 10 |
| Connecticut | 30-90 days | $360 (plus a parenting class fee with minor children) | Connecticut Revised Statutes, Chapter 815j |
| Delaware | 30-90 days | $175 (+$90 for each extra request, such as property division or alimony) | Delaware Code, Title 13, Chapter 15 |
| Florida | Around 3 months | $397.50 to $408 (varies by county) | Florida Statutes, Title VI, Chapter 61 |
| Georgia | 45-60 days | About $203 to $218 (varies by county) | Georgia Code, Title 19, Chapter 5 |
| Hawaii | 30-90 days | $215 (no children) or $265 (with children) | Hawaii Revised Statutes, Title 31, Sections 580-41 to 580-56 mostly |
| Idaho | 30-90 days | $207 | Idaho Statutes, Title 32 |
| Illinois | Around 90 days | Varies by county (check with the clerk) | Illinois Compiled Statutes, Chapter 750, Act 5 |
| Indiana | 60 days | $157 ($177 in some counties) | Indiana Code, Section 31-15 |
| Iowa | At least 90 days | $285 | Iowa Code, Chapter 598 |
| Kansas | At least 60 days | $195 | Kansas Statute, Chapter 23, Articles 27-30 mostly |
| Kentucky | At least 60 days | At least $208 (varies by county) | Kentucky Revised Statutes, Chapter 403 |
| Louisiana | At least 30 days | Varies by parish (check with the clerk) | Louisiana Revised Statutes, Sec. 9:301 to 9:375; Civil Code, Art. 102, 103, 103.1, 111, 112, and 113; and Code of Civil Procedure, Art. 10 and 3941, and Revised Statutes, Sec. 9:2801 |
| Maine | At least 60 days | $120 | Maine Revised Statutes, Title 19-A, Chapters 29 and 63 |
| Maryland | At least 60 days | $165 (plus an appearance fee if a lawyer files) | Maryland Annotated Code, Family Law, Titles 7, 8, 11 and 12 |
| Massachusetts | At least 90 days | $215 | Massachusetts General Laws, Chapter 208 |
| Michigan | At least 60 days | $175 or $255 (with children) | Michigan Compiled Laws, Chapter 552 |
| Minnesota | At least 30 days | About $390 to $403 (varies by county) | Minnesota Statutes, Chapter 518 |
| Mississippi | At least 60 days | Varies by county (check with the clerk) | Mississippi Annotated Code, Title 93, Chapters 5 and 27 |
| Missouri | At least 30 days | Varies by county (check with the clerk) | Missouri Revised Statutes, Chapter 452 |
| Montana | At least 20 days | $200 | Montana Annotated Code, Title 40, Chapter 4 |
| Nebraska | At least 60 days | $200 | Nebraska Revised Statutes, Chapter 42; Supreme Court Rules, Chapter 4, Article 2 |
| Nevada | At least one (1) week | Varies by county (check with the clerk) | Nevada Revised Statutes, Title 11, Chapter 125 |
| New Hampshire | 2-8 weeks | $280 (+$2 with minor children) | New Hampshire Revised Statutes, Title XLIII, Chapter 458 |
| New Jersey | 6-12 weeks | $300 (+$25 parent education fee with minor children) | New Jersey Statutes, Section 2A:34 |
| New Mexico | 30-90 days | $137 | New Mexico Annotated Statutes, Chapter 40, Article 4 |
| New York | 6-12 weeks | $210 (+$125 when the Request for Judicial Intervention and Note of Issue are filed) | New York Consolidated Laws, Domestic Relations Law, Articles 9-13 |
| North Carolina | Around 45 days | $225 (+$30 if the sheriff serves the papers) | North Carolina General Statutes, Chapter 50 |
| North Dakota | 30-90 days | $160 | North Dakota Century Code, Chapter 14-05 |
| Ohio | 1-3 months | Varies by county (check with the clerk) | Ohio Revised Code, Chapter 3105 |
| Oklahoma | 10 or 90 days | About $245 to $270 (varies by county) | Oklahoma Statutes, Title 43 |
| Oregon | 2-6 weeks | $301 | Oregon Revised Statutes, Sections 107.005 to 107.452 |
| Pennsylvania | 3-6 months | Varies by county (around $157 to $335) | Pennsylvania Consolidated Statutes, Title 23, Chapters 31, 33, 35, and 37 |
| Rhode Island | 90 days | Check with the Family Court clerk | Rhode Island General Laws, Chapter 15-5 |
| South Carolina | At least 1-2 months | $150 | South Carolina Code of Laws, Title 20, Chapter 3 |
| South Dakota | At least 60 days | $97 | South Dakota Codified Laws, Chapter 25-4 |
| Tennessee | At least 60 days (without children) or 90 days (with children) | Varies by county, higher with minor children (check with the clerk) | Tennessee Code Annotated, Title 36, Chapter 4 |
| Texas | At least 60 days | $350 (+$15 with minor children in some counties) | Texas Statutes, Family Code, Title 1, Subtitle C |
| Utah | At least 30 days | $350 | Utah Code, Title 30, Chapter 3 |
| Vermont | At least 6 months (if with minor children) or 6 weeks (without children); in both cases, 90 day nisi period applies following the final judgment | $295 (if filing without stipulation), $90 (if with stipulation and one party is a resident), or $180 (if with stipulation and neither party is a resident) | Vermont Statutes, Title 15, Chapter 11 |
| Virginia | At least 3 months | About $90 (varies by county) | Virginia Code, Title 20, Chapter 6 |
| Washington | At least 90 days | About $344 to $364 (varies by county) | Washington Revised Code, Chapter 26.09 |
| West Virginia | At least 20 days | $135 | West Virginia Code, Chapter 48 |
| Wisconsin | 120 days | $184.50 ($194.50 if you ask for maintenance or support) | Wisconsin Statutes and Annotations, Chapter 767, Subchapter 4 mostly |
| Wyoming | 30-90 days | $160 | Wyoming Statutes, Title 20, Chapter 2 |
Once you and your spouse have settled the terms, you can write them down. Our template walks you through the agreement one part at a time. Fill in the seven parts below in order, and ask an attorney to review the final draft before you sign.
Step 1. Make an introduction
The introduction states the purpose of the agreement and confirms that both spouses consent to its terms. It identifies:
Step 2. Describe the property and assets division
Identify the property, possessions and debts you own and say how you will divide them. Add terms for each spouse's separate property and for community property, if your state has it. Without these terms, the court divides the property under state law.
Disclose all your financial information. Many states require full disclosure, and hiding assets can cost the spouse who hides them.
Step 3. Define child custody and child support
This part of the agreement should settle:
The judge can change these terms if they do not serve the child's best interest, so plan for extra expenses.
Step 4. Provide the alimony details
State the amount of spousal support, how long it lasts and under what conditions it ends. For example, support may end when the supported spouse remarries. The agreement should also cover health insurance for the supported spouse.
Step 5. Indicate the governing laws
Name the state and county where the divorce will take place. Some states have community property laws, which affect how assets are divided when the marriage ends.
Step 6. Sign the agreement
Each spouse should read the document carefully and check it for mistakes. Typos and unclear wording can cause misunderstanding later. Have your attorneys review the agreement before you sign it. Some states require notarized or acknowledged signatures, so check your state's rules.
Step 7. Add exhibits to the agreement
Attach exhibits with your financial information, such as:
The exhibits show the court that both spouses have fully exchanged information about income and expenses.
These answers cover the questions people ask most about divorce settlement agreements, such as changing one, filing it with the court and hiring a lawyer. Rules differ by state, so check your state page or ask a family law attorney about your case.
Yes, but it depends on what you want to change. Terms about children, such as custody and child support, stay open to the court. Property terms are usually final once they are in the divorce decree. Spousal support depends on your state and on what the agreement says.
Courts often look for a significant change in circumstances. Examples include:
If you and your spouse agree on a change, ask the court or an attorney whether it needs a new court order. You can also state in the original agreement which terms may be changed.
Yes. Only a court can grant a divorce, even when you agree on every term. The court usually reviews the agreement before it enters the divorce judgment. Once the judgment is entered, both spouses must follow it.
Whether you file the signed agreement itself or the court adopts it by reference differs by state. Ask the court clerk or an attorney how it works where you file.
You are generally not required to hire a lawyer. You can create the document yourself from a template. A lawyer can still review the agreement, explain it and check that it protects your interests.
Without legal advice, you risk missing important provisions or signing something you do not fully understand. If your spouse has a lawyer, the draft may also favor your spouse.
General information, not legal or tax advice.
