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South Carolina nt Agreement 11 purposes stated. ____________________ (signature) Notary Public, for the County of ____________________ State of _________________________ My Commission expires ____________________ Marital Settlemelly came before me and, being duly sworn, did state that they are the persons described in the above document and that they signed the above document in my presence as a free and voluntary act for the____________________________ [Witness signature] Marital Settlement Agreement 10 State of ________________ SS. County of ______________ On ____________________, 20 ___, ____________________ persona______ [Wife's signature] [Witness signature] _____________________________ [Witness signature] _____________________________ _____________________________ [Husband's signature] [Witness signature] _ executors, administrators, successors in interest, and representatives of each of us. Signed and dated this day ___ of _______________ , 20___. _____________________________ _______________________ement should be interpreted and governed by the laws of the State of __________________________. We also agree that every provision of this agreement is expressly made binding upon the heirs, assigns,ll of the terms of this agreement. We agree that this document is intended to be the full and entire settlement and agreement between us regarding our marital rights and obligations and that this agrems of this agreement to be fair and reasonable. Both of us agree to execute and deliver any documents, make any endorsements, and do any and all acts that may be necessary or convenient to carry out aents which are attached and incorporated by reference. We each understand that we have the right to representation by separate lawyers. We each fully understand our rights and we each consider the terve prepared this agreement cooperatively and each of us has fully and honestly disclosed to the other the extent of our assets, income, and financial situation. We have each completed Financial Statem judgment for divorce or dissolution of marriage and that, by the terms of the judgment or decree, we both be ordered to comply with the terms of this agreement, but that this agreement survive. We ha [Desired name] 12. We both desire that, in the event of our divorce or dissolution of marriage, this marital settlement agreement be approved and merged and incorporated into any subsequent decree or_____. [Desired name] Marital Settlement Agreement 9 We both also agree that, in the event of divorce or dissolution of marriage, our child[ren] will be known by the last name of _________________.tax exemption for our child[ren]. 11. We both agree that, in the event of divorce or dissolution of marriage, the Wife desires to and shall have the right to be known by the name of _______________________. [Use if necessary:] We both agree to file a joint income tax return for the current year. [Use if you have children:] We also agree that the___________________ may claim the federal dependency cessary tax returns. We also agree that any tax refunds for the current year will be the property of the _______________and that any taxes due for the current tax year will be paid by the ____________red by such insurance. The parent obligated to provide such insurance will provide the other parent with annual proof of such coverage. 10. We both agree that we will cooperate in the filing of any nehealth, dental, and hospitalization insurance for the child[ren]'s benefit, pay any required deductible amount, and pay for any necessary medical or dental expenses of the child[ren] that are not coveill provide the other parent with annual proof of such coverage. 9. As additional child support, we both agree that as long as support payments are due the __________ will carry and maintain adequate due the _________ will carry and maintain life insurance in the amount of $ _____________, naming our child[ren] as sole irrevocable beneficiary[ies]. The parent obligated to provide such insurance w in obtaining any necessary income withholding orders or income assignments if required to guarantee this obligation. 8. As additional child support, we both agree that as long as support payments aretion, that such payments be made directly through a court or state agency or official in the future. We both further agree that, in the event of a divorce or dissolution of marriage, we will cooperateuld not be required to be paid through any court or state agency or official. The parent receiving the payments, however, does not waive the right to request, at any time and in his or her sole discreolding orders or income assignments if required to guarantee this obligation. [Or:] We agree that the required child support payments should be made directly to the parent to whom they are due and shohe laws of this state to receive and disburse such payments. We both further agree that, in the event of a divorce or dissolution of marriage, we will cooperate in obtaining any necessary income withhue. However, in the event of a divorce or dissolution of marriage, we agree that the required child support payments are to be paid directly to the court or state official or agency so designated by to notify the other parent immediately of any salary or income increase. [Choose one: Either:] We agree that the required child support payments should be made directly to the parent to whom they are dor income increase in the future, the amount of child support due per child per month Marital Settlement Agreement 8 shall be increased proportionately. The parent obligated to pay support agrees tupporting, or married. We both agree that this obligation is subject to modification by a court at any time. We both further agree that should the parent obligated to pay the support receive a salary total monthly payment of $_______. The payments will begin on the ____ day of _____________, 20 _ and will continue for each child until that child has reached the age of majority, died, become self-sents throughout their entire childhood. 7. We both agree that the __________________________ will pay to the _____________, for child support, the amount of $ _____________ per child per month, for a ____________________________________________________ We additionally agree to use our very best efforts to insure that our child[ren] receive the most care, love, and affection possible from both parear: _______________________________ _______________________________________________________________________ _______________________________________________________________________ ___________________________ _______________________________________________________________________ _______________________________________________________________________ (E). For the following vacation periods each y_________________________________________________ (D). On the following dates and times during each [or every other] week: ____________ _______________________________________________________________ry other] weekend:_______________ _______________________________________________________________________ _______________________________________________________________________ __________________________ _______________________________________________________________________ _______________________________________________________________________ (C). On the following dates and times each [or eve_________________________________________________ (B). On the following holidays during odd-numbered years: _______________________ ___________________________________________________________________red years: ______________________ _______________________________________________________________________ _______________________________________________________________________ ______________________Agreement 7 that does not live in the primary physical residence of the child[ren] will have the right to be with our child[ren] at least as follows: (A). On the following holidays during even-numbee parent that does not have physical custody and that our child[ren] may visit that parent as often as may be agreed upon. Although contact may be scheduled more often, the parent Marital Settlement ssion of the other parent. We both realize that the well-being of our child[ren] is of paramount importance and, therefore, we agree that our child[ren] should have as much contact as possible with thcontinuing contact with both parents is vital to our child[ren], and therefore we both agree that neither of us will permanently remove our child[ren] from this state without the express written permi continuing relationship between our child[ren] and the other parent. We both agree that our child[ren] will be known by the last name of ____________________________. We both agree that frequent and ons that affect our child[ren] and that each of us has the right to any medical, dental, or school records of our child[ren]. Neither of us will do anything to hamper or interfere with the natural andny of the decisions affecting our child[ren], we will jointly seek professional mediation to resolve our differences. We also agree that each of us has the right to know of any circumstances or decisihave control over the minor day-to-day decisions affecting the child, including any medical or dental emergencies. We agree that if, after reasonable attempts, we are unable to reach an agreement on aious training, medical and dental care, and welfare of our child[ren] will be decided by both of us after reasonable and adequate discussion. We also agree that the parent with physical custody shall ild[ren] may be changed at any time as we may mutually agree. All decisions pertaining to the place of residence, discipline, education, health, extracurricular and summer activities, vacations, religat the home of the __________ be the primary residence of the child[ren]. We acknowledge that our child[ren] presently live[s] with the _______________ and that the actual physical residence of our ch both agree that it is in the best interests of our child[ren] that we both have joint legal and physical custody of our child[ren]. We also agree that it is in the best interests of our child[ren] th______ We additionally agree to use our very best efforts to insure that our child[ren] receive the most care, love, and affection possible from both parents throughout their entire childhood. [or] We______________________________________________________________ _______________________________________________________________________ ___________________________________________________________________ _______________________________________________________________________ Marital Settlement Agreement 6 (E). For the following vacation periods each year: ______________________________ _________s and times during each [or every other] week: ___________ _______________________________________________________________________ _________________________________________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ (D). On the following date _______________________________________________________________________ (C). On the following dates and times each [or every other] weekend ______________ ___________________________________________idays during odd-numbered years: _______________________ _______________________________________________________________________ ____________________________________________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ (B). On the following hol custody will have the right to be with our child[ren] at least as follows: (A). On the following holidays during even-numbered years: ______________________ __________________________________________hat does not have physical custody and that our child[ren] may visit that parent as often as may be agreed upon. Although visitation may be scheduled more often, the parent that does not have physicalhe other parent. We both realize that the well-being of our child[ren] is of paramount importance and, therefore, we agree that our child[ren] should have as much contact as possible with the parent ts the right to any medical, dental, or school records of our child[ren]. Neither of us will do anything to hamper or interfere with the natural and continuing relationship between our child[ren] and t jointly seek professional mediation to resolve our differences. We also agree that each of us has the right to know of any circumstances or decisions that affect our child[ren] and that each of us hacting the child, including any medical or dental emergencies. We agree that if, after reasonable attempts, we are unable to reach an agreement on any of the decisions affecting our child[ren], we willf our child[ren] will be decided by both of us after reasonable and adequate discussion. We also agree that the parent with physical custody shall have control over the minor day-to-day decisions affed at any time as we may mutually agree. All decisions pertaining to the education, discipline, health, extracurricular and summer activities, religious training, medical and dental care, and welfare otody of our child[ren]. We acknowledge that our child[ren] presently live[s] with the _________ and that the actual Marital Settlement Agreement 5 physical residence of our child[ren] may be changeinterests of our child[ren] that we both have joint legal custody of our child[ren]. We also agree that it is in the best interests of our child[ren] that the __________________ have sole physical cus major decisions regarding the care and up-bringing of our child[ren], but that the other parent should have the right to be notified of any major decisions. [or] We both agree that it is in the best ____________________ We agree that our child[ren]'s time with either of us should not interfere with attendance at school. We also agree that the parent with custody should have the right to make the____ _______________________________________________________________________ _______________________________________________________________________ ___________________________________________________________________________________________________ _______________________________________________________________________ (E). For the following vacation periods each year: _____________________________________________ (D). On the following dates and times during each [or every other] week: ____________ _______________________________________________________________________ _________________________ _______________________________________________________________________ _______________________________________________________________________ ___________________________________________________________________________________________________ _______________________________________________________________________ (C). On the following dates and times each [or every other] weekend:_________________________________ (B). On the following holidays during odd-numbered years: _______________________ _______________________________________________________________________ _____________________________ _______________________________________________________________________ _______________________________________________________________________ ___________________________________________________future we are unable to agree upon visitation, the _______________will have the right to be with our child[ren] as follows: (A). On the following holidays during even-numbered years: _________________lso agree that the other parent has the right to be with our child[ren] on a frequent and liberal basis through reasonable visitation, at such times as we and the child[ren] can agree upon. If in the ettlement Agreement 4 We both agree that it is in the best interests of our child[ren] that the _________________________ have sole physical and legal custody of our child[ren]. We _______________ ay should have the right to make the major decisions regarding the care and up-bringing of the child[ren], but that the other parent has the right to be notified of any major decisions. [or] Marital Says, and during the child[ren]'s school vacations. We agree that our child[ren]'s time with either of us should not interfere with their attendance at school. We also agree that the parent with custodl basis through reasonable visitation, at such times as we and the child[ren] can agree upon. We agree that we will share as equally as possible the right to be with our child[ren] on holidays, birthdour child[ren] that the ___________________ have sole physical and legal custody of our child[ren]. We also agree that the other parent has the right to be with our child[ren] on a frequent and libera sole beneficiary of this policy. The spouse obligated to provide such insurance will provide the other spouse with annual proof of such coverage. 6. We both agree that it is in the best interests of _________is currently insured by___________________ in the amount of $ ______ and agrees to keep this policy in full force until death. We agree that the ____________shall be designated as irrevocable on or before the ___day of ______________, 20___. 5. We both agree that neither of us shall remain as the beneficiary on any life insurance policy carried by the other. [or] The life of the _________. [or] We both agree that in full payment of any claims or rights to alimony, spousal support, or maintenance, the ____________________shall pay to the _____________ the sum of $ , which shall be paid the amount and the duration of the payments not _______________ be modified by a court in the future. We also both agree that these payments should be made directly to the spouse to whom they are duee on the ___ day of each month. The first payment will be due on the ___ day of ______________, 20___, and the payments shall continue until the first of the following occurrences: We both intend thate to alimony, maintenance, or spousal support. [or] We both agree that, as alimony and maintenance, the ___________________ shall pay to the _________ the sum of $ __________________ per month, payablts or claims that we may have now or in the future to receive alimony, maintenance, or spousal support from the other. We both fully understand that we are forever giving up any rights that we may havs for which the other may be liable. Marital Settlement Agreement 3 4. After careful consideration of our circumstances and all of the other terms of this agreement, we both agree to waive any righ___________________ ____________________________________________________________ ____________________________________________________________ We also agree not to incur any further debts or obligation____________________________________ ____________________________________________________________ ____________________________________________________________ ________________________________________________________________________ We agree that the Husband shall pay and indemnify and hold the Wife harmless from the following debts: [Here list debts that Husband will pay]. ________________________________________________________________________ ____________________________________________________________ ____________________________________________________________ _____________________________s from the following debts: [Here list debts that Wife will pay]. ____________________________________________________________ ____________________________________________________________ _______________________________________________________________________ ____________________________________________________________ 3. We agree that the Wife shall pay and indemnify and hold the Husband harmles_______________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ _________________________________ ____________________________________________________________ ____________________________________________________________ _____________________________________________e list a description of the property to be sold]. ____________________________________________________________ ____________________________________________________________ ____________________________ that the following property will be sold as soon as possible and any proceeds from the sale of this property, after the deduction of any expenses of the sale, will be divided equally between us: [Her___ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ [or] We agree_______________________________________________ Marital Settlement Agreement 2 ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ _____________hat she may have in this property to the Husband: [Here list Husband's property]. ____________________________________________________________ _________________________________________________________________________________________________________ We also agree that the following property shall be the sole and separate property of the Husband, and the Wife transfers and quit-claims any interest t____ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ _________________________________ ____________________________________________________________ ____________________________________________________________ ________________________________________________________the Wife: [Here list Wife's property]. ____________________________________________________________ ____________________________________________________________ _______________________________________y be liable. [or] We agree that the following property shall be the sole and separate property of the Wife, and the Husband transfers and quit-claims any interest that he may have in this property to . We both agree that all of the property that the other now possesses is the sole and separate property of the other. We also agree not to incur any further debts or obligations for which the other manimal, and that we have already divided all of our property and bills to our mutual satisfaction. We each transfer and quitclaim to the other any interest that we may have in the property of the otherther, as if we were single, according to the terms of this agreement. We each agree not to annoy, harass, or interfere with the other in any manner. 2. We both agree that our property and bills are miport. THEREFORE, in consideration of our mutual promises, and other good and valuable consideration, we agree as follows: 1. We both desire and agree to permanently live separate and apart from each ol of our marital affairs, including the division of all of our property and bills, spousal support or maintenance, and all issues relating to our children, including custody, visitation, and child supt Agreement 1 As a result of disputes and serious differences, we have separated and are now living apart and intend to continue to remain permanently apart. We both desire to settle by agreement altes and serious differences, we sincerely believe that there is a complete incompatibility of temperament between us and that there is no possible chance for or reconciliation. [or] Marital Settlemenesult of disputes and serious difficulties, we sincerely believe that there are irreconcilable differences between us and that there is no possible chance for reconciliation. [or] As a result of dispu__________________ As a result of disputes and serious differences, we sincerely believe that our marriage is irretrievably broken and that there is no possible chance for reconciliation. [or] As a r Birth date Child's Sex _____________________________________________________ _________________ Child's name Child's Birth date Child's Sex _____________________________________________________ following children were born [or adopted] into our marriage: Child's name Child's Birth date Child's Sex _____________________________________________________ _________________ Child's name Child's_______, County of ____________, State of ________________. We were married on the ____ day of _________, 20 _____ in the City of _______________ County of _____________, State of _____________. The ween _____________, the Wife, of ________________, City of ________________, County of _____________, State of ________________, and ________________, the Husband, of ________________, City of _______ Washington State of Superior My Commission expires June 1, 2008 Sample Marital Settlement Agreement 6 Marital Settlement Agreement This agreement is made on the ____ day of ___________, 20___, bete above document and that they signed the above document in my presence as a free and voluntary act for the purposes stated. ______________________________ (signature) Notary Public, for the County oftate of Superior SS. County of Washington On May 1st, 2006, Mary Ellen Smith and John William Smith personally came before me and, being duly sworn, did state that they are the persons described in th Sample Marital Settlement Agreement 5 ______________________________ [Husband's signature] ______________________________ [Witness signature] ______________________________ [Witness signature] S. Signed and dated this 1st day of May, 2006. ______________________________ [Wife's signature] ______________________________ [Witness signature] ______________________________ [Witness signature]or. We also agree that every provision of this agreement is expressly made binding upon the heirs, assigns, executors, administrators, successors in interest, and representatives of each of us. 7. 8to be the full and entire settlement and agreement between us regarding our marital rights and obligations and that this agreement should be interpreted and governed by the laws of the State of Superi and deliver any documents, make any endorsements, and do any and all acts that may be necessary or convenient to carry out all of the terms of this agreement. We agree that this document is intended hat we have the right to representation by separate lawyers. We each fully understand our rights and we each consider the terms of this agreement to be fair and reasonable. Both of us agree to executetly disclosed to the other the extent of our assets, income, and financial situation. We have each completed Financial Statements which are attached and incorporated by reference. We each understand tdgment or decree, we both be ordered to comply with the terms of this agreement, but that this agreement shall survive. We have prepared this agreement cooperatively and each of us has fully and honeson of marriage, this marital settlement agreement be approved and merged and incorporated into any subsequent decree or judgment for divorce or dissolution of marriage and that, by the terms of the juhe event of divorce or dissolution of marriage, the Wife desires to and shall have the right to be known by the name of Mary Ellen Carter. We both desire that, in the event of our divorce or dissolutiturns. We also agree that any tax refunds for the current year will be the property of the Husband and that any taxes due for the current tax year will be paid by the Husband. We both agree that, in tremain as the beneficiary on any life insurance policy carried by the other. 5. Sample Marital Settlement Agreement 4 6. We both agree that we will cooperate in the filing of any necessary tax reion of the payments may be modified by a court in the future. We also both agree that these payments should be made directly to the spouse to whom they are due. We both agree that neither of us shall the first of the following occurrences: (1) the date that either of us dies; (2) the date that the spouse receiving alimony remarries; or (3) June 1, 2004. We both intend that the amount and the durate, the Husband shall pay to the Wife the sum of $400 per month, payable on the 1st day of each month. The first payment will be due on the 1st day of June, 2004, and the payments shall continue until 98 Chevrolet, serial #123456, Superior License #ABC 789. We also agree not to incur any further debts or obligations for which the other may be liable. 4. We both agree that, as alimony and maintenancagree that the Husband shall pay and indemnify and hold the Wife harmless from the following debts: Jones Furniture Store Account #321; Auto loan currently held with the GMAC Finance Company on the 19merald Lane, Centerville, Superior, with the legal description as follows: Lot 5 of Centerville Subdivision as shown on Plat 3 on Page 65 of Book 200 in the Records of Washington County, Superior. We d indemnify and hold the Husband harmless from the following debts: Visa Credit Card Account # 987654; Home mortgage currently held by the Centerville National Bank on the family home located at 150 Esh currently in the Centerville Bank in his individual account; Household furnishings currently located at 2000 Main Street, Apartment #2, Centerville, Superior. 3. We agree that the Wife shall pay annd quitclaims any interest that she may have in this property to the Husband: Woodworking Tools valued at $2,000; 1998 Chevrolet, serial #123456, Superior License #ABC 789, valued at $6,500; $2,000 ca of Washington County, Superior. 2. Sample Marital Settlement Agreement 3 We also agree that the following property shall be the sole and separate property of the Husband, and the Wife transfers ame; The family home located at 150 Emerald Lane, Centerville, Superior, with the legal description as follows: Lot 5 of Centerville Subdivision as shown on Plat 3 on Page 65 of Book 200 in the RecordsWife, and the Husband transfers and quitclaims any interest that he may have in this property to the Wife: Diamond Ring and Bracelet valued at $1,500; All of the furnishings currently in the family hoding to the terms of this agreement. We each agree not to annoy, harass, or interfere with the other in any manner. We agree that the following property shall be the sole and separate property of the of our mutual promises, and other good and valuable consideration, we agree as follows: 1. We both desire and agree to permanently live separate and apart from each other, as if we were single, accorr reconciliation. We both desire to settle by agreement all of our marital affairs, including the division of all of our property and bills, spousal support or maintenance. THEREFORE, in considerationperior. No children were born into our marriage. As a result of disputes and serious differences, we sincerely believe that our marriage is irretrievably broken and that there is no possible chance fo Main Street, Apartment #2, in the Town of Centerville, County of Washington, State of Superior. We were married on the 1st day of January 1999, in the City of Columbia, County of Lincoln, State of SuMay, 2006, between Mary Ellen Smith, the Wife, who lives at 150 Emerald Lane in the Town of Centerville, County of Washington, State of Superior, and John William Smith, the Husband, who lives at 2000es all of their agreements and which will be used in their later divorce follows. Sample Marital Settlement Agreement 2 SAMPLE Marital Settlement Agreement This agreement is made on the 1st day of in the appropriate sections of the clauses in their Agreement. Although not shown here, each spouse will also need to have prepared a Financial Statement. The Marital Settlement Agreement which embodiement and their Financial Statements, they will need to prepare a quitclaim deed for their home and have the title to their car transferred Various other minor decisions that they have made are shown (cash) - $1,000 (furniture bill) = $10,500). They have separated their furnishings, closed their joint bank account, and opened individual accounts. In addition to signing this Marital Settlement Agreill be his to keep. He agrees to pay off the Jones Furniture bill. His share of the marital or community property is also $10,500 ($1,000 (furnishings) + $6,500 (car equity) + $2,000 (tools) + $2,000 $10,500 ($10,000 (home equity) + $2,000 (furnishings) - $1,500 (Visa bill) = $10,500). Mr. Smith will keep the tools, the car, and the one-third of the home furnishings. All of the cash in the bank wlso will keep two-thirds of the home furnishings. None of the cash in the bank account will be hers. She agrees to pay off the Visa bill. The value of her share of the marital or community property iseducated and capable of full-time employment. They have agreed to the following terms: Mrs. Smith will keep the home and Mr. Smith will transfer (by quitclaim deed) his share of the home to her. She aMr. Smith has a life insurance policy on his life for $100,000 and health insurance through his place of employment. Mr. Smith works full-time, while Mrs. Smith works only part-time. She is, however, t balance Jones Furniture Credit balance ($1,500) ($1,000) $23,500 $ 2,000 $ 6,500 $ 3,000 $10,000 $ 2,000 Sample Marital Settlement Agreement 1 Equals (=) Total value of marital property $21,000 valued at $2,000. The value of their marital or community property is as follows: Tools: Car: equity value Furniture and furnishings Home: equity value Cash: Equals (=) Sub-total Minus (-) Visa Credi Visa Credit Card: Balance of $1,500. Jones Furniture Store: Balance of $1,000. The value of their separate or non-marital property is as follows: Mrs. Smith: Jewelry valued at $1,500. Mr. Smith: BoatMrs. Smith inherited from her mother valued at $1,500. A boat valued at $2,000 which Mr. Smith owned prior to the marriage. They jointly owe the following debts (other than mortgage and car payments):r valued at $7,500, with an outstanding loan balance of $1,000. Furniture and household furnishings worth $3,000. Tools worth $2,000. Cash in a checking account in the amount of $2,000. Jewelry which ictional town of Centerville, in the County of Washington, State of Superior. They own the following property: A home valued at $50,000, with an outstanding mortgage balance of $40,000. A Chevrolet caeparing this sample agreement, a fictional family was used. Mrs. Mary Ellen Smith is the wife and Mr. John William Smith is the husband. They were married on January 1, 1999. The parties live in the fuction sheet. By reviewing this sample agreement, you will be able to see what a final completed settlement agreement should look like and how the various parts are put together For the purposes of prtlement Agreement Kit ­ Instructions 6 Sample Marital Settlement Agreement Following, a complete sample marital settlement agreement is presented. It has been assembled using clauses from this instrments; That you both intend that your agreement is the full statement of your rights and responsibilities; and That your agreement will be binding on any future representatives of yours. Marriage Sets and they are attached to your agreement; That you both know that you have the right to see your own lawyers and that you both understand your legal rights; That you both will sign any necessary docu That you both want the terms of your marital settlement agreement to be the basis for your a court order in the event of a divorce; That you both have prepared complete and honest Financial Statement legal force. This will always be the last numbered clause in your marital settlement agreement. These standard legal phrases are important and should not be altered. They cover the following points: eement to such a name change request. Agreement Clause: Paragraph 9 There are various other marital settlement agreement issues which must be included in order for your agreement to have the necessaryuse also to state the last name that the children of your marriage will be known by, if you did not use a clause that contained a provision for children's names. It is useful to have your spouse's agrer name was a previous married name). The restoration of this name may be accomplished by a simple request in the divorce papers and a provision in the divorce decree or judgment. You may use this clahese laws are now written to make no reference to the sex of the person requesting this type of change, it is generally a wife who desires to use either her maiden name or her former name (if her form 5 Marital Settlement Agreement Name Change Clause: Paragraph 8 Most states have specific laws which allow a person to request that his or her former name be restored upon divorce. Although many of tnd of the current tax year, you may not claim your spouse as an exemption, even if you have provided all of the support for your spouse for the year. Marriage Settlement Agreement Kit ­ Instructions he end of the year. If your divorce is final by the end of the year, you must file either an individual return or a "head of household" return. In addition, if your divorce is finalized prior to the eidered unmarried and file a "head of household" return. You may choose to file a joint income tax return with your spouse for the current tax year only if your divorce has not been made final before ter the terms of a separation decree but your divorce is not final by the end of the year, you may choose to file: (1) a joint tax return with your spouse; (2) a separate return; or (3) you may be cons 7 The following clause may be used to define your various decisions regarding the tax consequences of your divorce. If you are living apart under the terms of your marital settlement agreement or undren in the event of death of the paying parent. The health insurance protection provides the child with protection in case of illness or injury. Marital Settlement Agreement Taxation Clause: Paragraphs available to the parent through their place of employment or otherwise at a relatively low cost. The life insurance provision provides some measure of security and insurance protection for the childended and are required in some states. Federal law requires that states require a parent responsible for child support to include any children under a health and dental insurance plan if such a plan io is to pay the support must: (1) maintain a life insurance policy naming the children as beneficiaries; and (2) maintain health insurance coverage for the children. These provisions are highly recomm-spouse. Life and Health Insurance Clauses: Paragraph 6 Two provisions regarding insurance as additional child support are provided here. These require that, as additional child support, the parent whe the beneficiary of a life insurance policy on the life of the spouse who is to make the payments. In this manner, the one receiving payments will not be left destitute on the death of a long-time exuration of the payments is for a long period; and (3) the payments are to end on either spouse's death. In a situation of this nature, it is prudent to have the spouse who is to receive the payments buation where there are support obligations. It is, however, highly recommended in the following circumstances: (1) if you have decided that alimony should be payable in monthly payments; and (2) the dallows the spouse who is due the support to collect the benefits of any insurance and apply it to the continuing maintenance or child support obligations. The use of this clause may be wise in any sithe alimony will be the spouse who maintains the insurance. The spouse who receives the alimony will be the spouse who is designated as beneficiary. In the event of the supporting spouse's death, this ife insurance policy of the other. Retaining a position as beneficiary on the other's life insurance is generally a good idea if there are continuing support payments to be paid. The spouse who pays tarriage Settlement Agreement Kit ­ Instructions 4 Life Insurance Clause: Paragraph 5 This clause should be used if you and your spouse have agreed that one of you will remain as a beneficiary on a leither of you will be retained as beneficiaries on the other's policy, use this clause. If you use the clause providing for one of you to be retained as beneficiary (below), do not use this clause. M-sum payment does not currently have the assets by which to pay. Insurance Clause (Neither Spouse as Beneficiary): Paragraph 5 If you or your spouse currently have insurance policies, but agree that nor problems to develop. It also has the benefit of not leaving one spouse subject to over-due payments from the other spouse. This method, however, is not workable if the spouse who is to pay the lumpf their property has been equally or equitably divided. This method of spousal support has the benefit of lessening the future ties between you and your spouse and, thus, lessening the opportunities fy shift in funds or property under the terms of your property settlement. To be fair, this alimony lump-sum payment should be taken out of a spouse's share of separate and marital property after all o. The funds may then be used by the spouse who receives the payment to obtain education, job skills, or training to become self-supporting. This lump-sum payment is separate from and in addition to anlause: Paragraph 4 This clause should be used if you and your spouse agree that the fairest method of dealing with the payment of alimony is for one spouse to pay the other a one-time lump-sum paymenthe payments will retain the right to have the payments made through the court or state at a later date should any problems in late or delinquent payments arise. Alimony Payable in a Lump-Sum Payment Cand not through a court or state agency, it is extremely advisable to make this clause modifiable by a court at a later date. By making the clause subject to court modification, the spouse receiving t the payments may be made directly to the spouse who is to receive them, you must make this decision in the clause below. If you do make the decision to allow payments to be made directly to a spouse roperty. However, in virtually all states that allow this indirect method of payment, there are provisions that allow the spouses to opt out of the state requirement. If you and your spouse agree thatsome states automatically take direct action against any spouse who is late with a payment, which may include garnishing wages, requiring a bond or deposit, or actually seizing a delinquent spouse's pnerally slower, has the benefit of allowing for immediate action to be taken if any payments are missed. There is a clear record of payment in the hands of the appropriate state authorities. In fact, ires any support payments to be made through the court or through certain state agencies and then be passed on to the spouse who is to receive the payment. This indirect method of payment, although gert modification of this clause. Finally, through the use of this clause you will need to choose a method by which the payments should be made. Some states have enacted legislation which allows or requeement is obviously and grossly unfair to one spouse. In order to allow for a modification due to changed circumstances in the lives of either spouse, it is recommended that you allow for a future cou alimony provisions may not be modified by a court, then a court will only modify this clause if it can be shown that there was fraud, coercion, or threats made in reaching the agreement or if the agrrriage Settlement Agreement Kit ­ Instructions 3 In addition, in this clause you will need to decide if you wish for your decisions to be modifiable by a court in the future. If you decide that youre payments is for a long period, you may wish to consider the use of life insurance coverage to protect the support of the receiving spouse. Please see the clauses relating to insurance coverages. Mar you may decide that the alimony payments should end on the first happening of any one of these events. If you decide that the payments are to end on the death of either spouse and the duration of thbe due, and the date on which the payments should begin. You will also need to decide when the payments are to end. You may wish the payments to end on remarriage, on death, or on a particular date. Oshould receive and one of you should pay alimony to the other in the form of periodic monthly payments. You will need to decide the amount of each payment, the day of the month that each payment will t you have both decided is fair, then you should use this clause. Alimony Payable in Monthly Payments Clause: Paragraph 4 This clause should be used if you and your spouse have agreed that one of you pouse agree that neither of you should be required to pay any alimony to the other. By using this clause, you will be giving up forever any rights that you may have to alimony. However, if this is wharty Division Clause (Property Not Listed)], do not use this clause. No Alimony to Either Spouse Clause: Paragraph 4 This clause should only be used if, after careful consideration, both you and your sld be liable for. For each bill, list to whom the bill is owed and the amount to be paid. If you have used the first clause listed in this instruction sheet for dividing your property and bills [Propepay the bills listed after your name and not hold the other liable for the debts (hold harmless and indemnify). It also provides that neither of you will incur any more debts that the other spouse wouecifically divide your bills. It should be used if you have relatively significant bills (outstanding loans, unpaid credit card balances, etc.). It provides that you will each individually assume and cted from the proceeds of the sale before dividing the profits. This clause may be used in conjunction with the previous clause. Division Of Bills (Bills Listed): Paragraph 3 This clause is used to sp division of the proceeds of the sale after any expenses of the sale are deducted. In the case of the sale of a home, this would allow for any appraisal expenses and real estate broker fees to be dedun of the property to be sold should be included. If the property is real estate, the description should be the legal description as shown on the deed to the property. This clause provides for an equalsold and the proceeds of the sale divided between you and your spouse. It may be used for the disposition of anything from items to be sold at a yard sale to the sale of your home. An exact descriptior retirement plan, list that plan under the appropriate spouse and describe it fully. Division of Property (By Sale): Paragraph 2 This clause should be used if there is marital property that is to be the deed to the property. For other property, list the serial number, if Marriage Settlement Agreement Kit ­ Instructions 2 available, or a clear description. If either of you has a pension plan oed to choose a further clause listed later that describes the division of your bills. For each item of property, provide a complete description. For real estate, list the legal description as shown onelatively significant property (home, car, appliances, major furniture items, etc.), and if your method of division is in the form of a trade-off or off-set. If this clause is chosen, you will also nely list the property that each of you will retain. This clause provides that both of you have transferred the property mentioned and quitclaimed it to the other spouse. It should be used if you have rhave actually been divided. Property Division Clause (List Included): Paragraph 2 This clause should be used if you and your spouse have agreed to a division of property and you are able to specificaled, you must use a different clause so that such a plan may be listed and identified specifically. You may use this clause, however, if you have no property or bills or all of your property and bills pliances, etc.) or bills owed or if you have property that you have not yet divided, you should use a different clause. Also, if you or your spouse have a pension or retirement plan that will be dividhe property currently in his or her possession. It also provides that any bills have already been divided and taken care of by you and your spouse. If you have significant property (car, furniture, apoperty Not Listed): Paragraph 2 This clause should be used for cases where there is very little or even no property and there are no significant bills to divide. It simply allows each spouse to keep tn which the spouses have already separated or in which they desire to separate as soon as an agreement is reached. In the vast majority of cases, you will use this clause. Property Division Clause (Prs clause is mandatory in all agreements. Separation Clause: Paragraph 1 This clause relates that the spouses desire to live apart as if they were single. This clause should be used in all situations iclause to set forth the divorce grounds that you have chosen in your state and your particular circumstances. General Agreement Clause: This clause outlines the basic desire to reach an agreement. Thir or not any children will be involved in the terms of the agreement. Fill in the names and birth dates of any children. One of these clauses is mandatory. Preliminary Explanation Clause: Chose this y in all agreements. Children Identification Clause: Marriage Settlement Agreement Kit ­ Instructions 1 Chose the clause that applies to your particular circumstances. This clause identifies whetheate of the agreement and identifies the spouses, their places of residence, and the date and place of their marriage. Fill in the appropriate information. This information is important and is mandatorcomplete your Marital Settlement Agreement. http://www.findlegalforms.com/public/DIV/SLD/DIV-DIGEST.rtf EXPLANATIONS: Title And Introductory Clause: This introductory clause specifies the effective dal family was used. Follow the link below to our free State Law Digest for Divorce Law, which includes information regarding your state's divorce laws and procedures. Use this information to help you greement, you will be able to see what a final completed settlement agreement should look like and how the various parts are put together. For the purposes of preparing the sample agreement, a fictionto the blank sample agreement. Following the explanations is a complete sample marital settlement agreement. It has been assembled using clauses from this instruction sheet. By reviewing this sample a which make up a marital settlement agreement. Read the explanations to determine which clauses apply to your particular situation. Following each clause title you will find a number that corresponds ur original should be spaces for the signatures on the final page. Delete any clauses and italicized text you do not include in your agreement. Below you will find explanations for the various clauses to your divorce. Do not type any portions of a clause which are shown in italics, unless it is language directly relating to your agreement. In addition, the only blank lines that should appear on yo with copyright holder, © Nova Publishing Company 2006 INSTRUCTIONS: To complete the Marital Settlement Agreement, simply fill in the necessary information and delete those clauses which do not applyd be consulted for all serious legal matters. Marital Settlement Agreement Kit­ Information 2 Instructions Marital Settlement / Separation Agreement (Parties With Children) Provided under agreementowever caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of these materials. An attorney shouldirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) hd at your own risk. In no event will: i) FindLegalForms, Inc, its agents, partners, or affiliates, or ii) the providers, authors or publishers of the forms, be responsible or liable for any direct, inexpress or implied warranties of merchantability, suitability or completeness for any of the materials for your particular needs. Marital Settlement Agreement Kit­ Information 1 The materials are useot provide legal advice. The purchase and use of these materials is subject to the "Disclaimers and Terms of Use" found at findlegalforms.com. These materials are provided "AS-IS." We do not give any lement agreement for your reference; and (iii) a link to our free divorce state law digest Disclaimer No Attorney-Client relationship is created by use of these materials. FindLegalForms, Inc. does ngreement, this kit also includes: (i) comprehensive instructions which explain the various clauses you may choose to include in the marital settlement agreement; (ii) a completed a sample marital settl settlement agreement including division of property, child custody, visitation, support and more. This package is best for divorcing couples that have children. In addition to a marital settlement aough rational and mature discussions, there is a greater chance that the decisions reached will be abided by without future hostility. This agreement includes all the essential components for a maritahat the divorce/separation settlement will accurately reflect what the spouses really desire to obtain from the divorce. If the decisions regarding the care and custody of any children are reached thr. Perhaps the most important benefit is that there is far less chance that the divorce will escalate into a hostile battle. When revenge and animosity are not factors, there is a greater opportunity turaged in virtually all state and is an indispensable alternative to the traditional hostility of ending a marriage. There are many important benefits to obtaining a divorce or separation by agreementor separation to succeed, the agreement between the spouses must be as fair and as just as is possible under the circumstances. A marital settlement agreement is not only accepted but is actually encoult is not a factor. In a divorce or legal separation by agreement, both spouses play a part in all of the decisions affecting the couple and any children that they may have. For this type of divorce d default divorce (in which one spouse does not participate in the decision-making) and the contested divorce is the divorce or legal separation by agreement. In this type of divorce or separation, faInformation Marital Settlement / Separation Agreement Kit (Parties With Children) Provided under agreement with copyright holder, © Nova Publishing Company 2006 The alternative to both the unconteste South CarolinaSouth Carolina $____________ Total Marital Property Spouse #2: .................................... $____________ Property Division Worksheet 3 ___ Description:____________________________________ Value: $____________ Description:____________________________________ Value: $____________ Description:____________________________________ Value: ption:____________________________________ Value: $____________ Description:____________________________________ Value: $____________ Description:____________________________________ Value: $_________________________________________ Value: $____________ Description:____________________________________ Value: $____________ Description:____________________________________ Value: $____________ DescriValue: $____________ Value: $____________ Total Marital Property Spouse #1: .................................... $____________ Spouse #2: ____________________________________________ Description:____ription:____________________________________ Description:____________________________________ Value: $____________ Value: $____________ Value: $____________ Value: $____________ Value: $____________ Description:____________________________________ Description:____________________________________ Description:____________________________________ Description:____________________________________ Desc__________________________ Value: $____________ Description:____________________________________ Value: $____________ Property Division Worksheet 2 Description:____________________________________ ................................... $____________ Agreed Share of Marital Property and Bills for Each Spouse: Spouse #1: ________________________________________________________ Description:__________Amount of Marital Bills (B): .............................. $ ___________ Equals (=) Total Value to be Divided (C) [A - B = C]:................. $____________ Approximate Value to Each (1/2 or C/2): ..................................... $ ___________ Value of Marital Property to be Divided: Total Amount of Marital Property (A): ....................................... $ ___________ Minus (-) Total alance $ Balance $ Balance $ Balance $ Balance $ Balance $ Balance $ ___________ ___________ ___________ ___________ ___________ ___________ ___________ B. Total Amount of Marital Bills: ..........._____ Creditor: _____________________________________ Creditor: _____________________________________ Creditor: _____________________________________ Creditor: _____________________________________ B............... $ ___________ Marital Bills and Obligations: Creditor: _____________________________________ Creditor: _____________________________________ Creditor: ________________________________ue $ Value $ Value $ Value $ Value $ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ Total Amount of Marital Property: ...................______________ Other: _________________________________________ Stocks: ________________________________________ Bonds: ________________________________________ A. Value $ Value $ Value $ Value $ Val___________________ Cash: __________________________________________ Auto: _________________________________________ Jewelry: _______________________________________ Tools: ___________________________ of Both Spouses: Real estate: _____________________________________ Value $ ___________ Property Division Worksheet 1 Auto: _________________________________________ Furniture: ___________________ Value $____________ Description _____________________________________ Value $____________ Total of Separate Property (Spouse #2): ...................................... $____________ Marital Property__________ Description _____________________________________ Value $____________ Description _____________________________________ Value $____________ Description _____________________________________ Description _____________________________________ Value $____________ Description _____________________________________ Value $____________ Description _____________________________________ Value $__on _____________________________________ Value $____________ Description _____________________________________ Value $____________ Description _____________________________________ Value $____________............................ $____________ Separate Property of Spouse #2: _____________________________________________ Description _____________________________________ Value $____________ Descripti_________ Description _____________________________________ Value $ ___________ Description _____________________________________ Value $ ___________ Total of Separate Property (Spouse #1): ..........Description _____________________________________ Value $ ___________ Description _____________________________________ Value $ ___________ Description _____________________________________ Value $ __n _____________________________________ Value $ ___________ Description _____________________________________ Value $ ___________ Description _____________________________________ Value $ ___________ _____________________________ Value $ ___________ Description _____________________________________ Value $ ___________ Description _____________________________________ Value $ ___________ Descriptioty: Records of any gifts or inheritances: Property Document Checklist 2 Property Division Worksheet Separate Property of Spouse #1: ____________________________________________ Description ________ insurance policies: Health insurance policies: Auto insurance policies: Homeowner's insurance policy: Other insurance policies: Inventory of contents of safety deposit boxes: Appraisals of any properount statements: Titles to cars, boats, motorcycles, etc.: Property Document Checklist 1 r r r r r r r r r r r Any outstanding loan documents: Credit card records: Records of any other debts: Liferust for any real estate: Copies of any leases: Checking account statements: Savings account statements and passbooks: Certificates of Deposit: Stock certificates and bonds: Securities stockbroker accock option and profit sharing plans and records: Business tax returns (Corporate, partnership, or sole proprietorship): Business financial statements: Deeds to any real estate: Mortgages or deeds of tl, state, and local income tax returns: Payroll stubs and W-2 Forms: Records regarding any other income: Records regarding monthly living expenses: Pension and retirement plan policies and records: St_____________________________________ Monthly payment: $ _________ Balance due $ _____________________ Property Questionnaire 11 Property Document Checklist r r r r r r r r r r r r r r r r r Federat: $ _________ Balance due $ _____________________ Name of Company: ___________________________________________ Reason for debt: ______________________________________________ In whose name: _________ame of Company: ___________________________________________ Reason for debt: ______________________________________________ In whose name: ______________________________________________ Monthly paymen_______ Reason for debt: ______________________________________________ In whose name: ______________________________________________ Monthly payment: $ _________ Balance due $ _____________________ N___________________ In whose name: ______________________________________________ Monthly payment: $ _________ Balance due $ _____________________ Name of Company: _________________________________________________________________ Monthly payment: $ _________ Balance due $ _____________________ Name of Company: ___________________________________________ Reason for debt: _________________________________ Balance due $ _____________________ Name of Company: ___________________________________________ Reason for debt: ______________________________________________ In whose name: _________________ompany: ___________________________________________ Reason for debt: ______________________________________________ In whose name: ______________________________________________ Monthly payment: $ ___Reason for debt: ______________________________________________ In whose name: ______________________________________________ Monthly payment: $ _________ Balance due $ _____________________ Name of C____________________________________________ Monthly payment: $ _________ Balance due $ _____________________ Property Questionnaire 10 Name of Company: ___________________________________________ payment: $ _________ Balance due $ _____________________ Name of Company: ___________________________________________ Reason for debt: ______________________________________________ In whose name: __ebts: Name of Company: ___________________________________________ Reason for debt: ______________________________________________ In whose name: ______________________________________________ Monthly_ Reason for debt: ______________________________________________ In whose name: ______________________________________________ Monthly payment: $ _________ Balance due $ _____________________ Other d_____________ In whose name: ______________________________________________ Monthly payment: $ _________ Balance due $ _____________________ Name of Company: _________________________________________________________________ Monthly payment: $ _________ Balance due $ _____________________ Name of Company: ___________________________________________ Reason for debt: _________________________________ Balance due $ _____________________ Name of Company: ___________________________________________ Reason for debt: ______________________________________________ In whose name: _______________________: ___________________________________________ Reason for debt: ______________________________________________ In whose name: ______________________________________________ Monthly payment: $ _________ Description __________________________________________________ Owner ________________________ Value $ ______________________ Property Questionnaire 9 Bills and Debts: Credit Cards: Name of Company_____________ Owner ________________________ Value $ ______________________ Description __________________________________________________ Owner ________________________ Value $ ______________________ven if listed previously. Description __________________________________________________ Owner ________________________ Value $ ______________________ Description _____________________________________pouse's property received by gift or inheritance? If (YES): List all specific property received by gift or inheritance that is still owned (note who owns each item and its value). List property here e___________________ Value $ ______________________ Description __________________________________________________ Owner ________________________ Value $ ______________________ Was any of you or your s_ Description _________________________________________________ Owner ________________________ Value $ ______________________ Description __________________________________________________ Owner _____owns each item and its value). List property here even if listed previously. Description __________________________________________________ Owner ________________________ Value $ _____________________erty that you or your spouse owned at the time of your marriage valued at over $1,000? _____________________ If (YES): List all specific property owned prior to marriage that is still owned (note who that each spouse held individually prior to the marriage and any property acquired individually by each spouse by gift or inheritance. Please see pages 50-55). Was the amount of separate personal prop___________________ What purpose? _______________________ Premium: $ ____________________ Property Questionnaire 8 Separate Property: (The term "separate property" generally refers to the property any: ___________________________ Amount $ _____________________ Property address ______________________ Premium: $ ___________________ Other Insurance: Company: ___________________________ Amount $ _________ Premium: $ _________________ Company: ___________________________ Amount $ _____________________ Which car?: __________________________ Premium: $ _________________ Homeowner's Insurance: Comp__________________ On whom: ___________________________ Premium: $ _________________ Auto Insurance: Company: ___________________________ Amount $ _____________________ Which car?: ___________________ility Insurance: Company: ___________________________ Amount $ _____________________ On whom: ___________________________ Premium: $ _________________ Company: ___________________________ Amount $ ___om: ___________________________ Premium: $ ________________ (On children) Company: ________________ Amount $ ____________________ On whom: ___________________________ Premium: $ ________________ Disaby: ___________________________ Amount $ _____________________ On whom: ___________________________ Premium: $ ________________ Company: ___________________________ Amount $ _____________________ On wh_____________________________________ On whose life: _______________________ Beneficiary: ___________________ Premium: $ __________________________ Cash Value $ _____________ Medical Insurance: Compan____ On whose life: _______________________ Beneficiary: ___________________ Premium: $ __________________________ Cash Value $ _____________ Property Questionnaire 7 (On children) Company:________ On whose life: _______________________ Beneficiary: ___________________ Premium: $ __________________________ Cash Value $ _____________ Company: ___________________________________________________________ Account # _____________________ Whose fund? _______________________ Value $ _______________________ Insurance: Life Insurance: Company: __________________________________________________________ Stock Option Plan: Company ___________________________ Account # _____________________ Whose fund? _______________________ Value $ _______________________ Pension Plan: Company _________________________________ Value $ _______________________ Profit-sharing Plan: Company ___________________________ Account # _____________________ Whose fund? _______________________ Value $ ______________________# _____________________ Owner ________________________ Amount $ __________________________ Retirement Funds: Company ___________________________ Account # _____________________ Whose fund? _________________________ Bank or broker _______________________ Account # _____________________ Owner ________________________ Amount $ __________________________ Bank or broker _______________________ Account aire 6 Retirement/Pension/Profit-sharing/Stock Option Plans: IRA Accounts: Bank or broker _______________________ Account # _____________________ Owner ________________________ Amount $ _______________________________________________________ Location: _________________________________________________________ Who has ownership? ________________________ Value $ ________________ Property Questionn_____________________________________ Location: _________________________________________________________ Who has ownership? ________________________ Value $ ________________ Description: ______________________________________________________ Who has possession? _________________Value $ _________________ Business Assets: (Corporations, Partnerships, Proprietorships) Description: ____________________________ Value $ _________________ Other property: describe _____________________________________________ Who has possession? _________________ Value $ _________________ Other property: describe _________________________________________ Who has possession? _________________ Value $ _________________ Appliances: describe ________________________________________________ Who has possession? ______________Value $ _________________ Sporting Goods: describe _____________________________________________ Who has possession? _________________ Value $ _________________ Furniture: describe _______________________________________________ Who has possession? _________________ Value $ _________________ Tools: describe _____________________________________________________ Who has possession? _______________ Value $ _________________ Stereo: describe ____________________________________________________ Who has possession? _________________ Value $ _________________ Jewelry: describe ________________ar loan unpaid $ __________________ Value $ _________________ Property Questionnaire 5 Other vehicles (boats, campers, motorcycles, etc): describe _________________ Who has possession? ______________ Make and model ______________________ Who has possession? ____________ Whose name on title? __________________ License plate # and state: _____________________ Payment $ _______________ Amount of cle? __________________ License plate # and state: _____________________ Payment $ _______________ Amount of car loan unpaid $ __________________ Value $ _________________ Car #2: Year ________________........................................ $ ___________ Other personal property: Car #1: Year __________________ Make and model ______________________ Who has possession? ____________ Whose name on tit........................................................... $ ___________ How much Federal? ......................................................... $ ___________ How much Local? ...................._______________ Income Tax: Did you file a joint return for the last tax year? ____________________________ Is there a tax or refund due? ___________________________________________ How much State? ..______________________ Names and addresses of you and your spouse's stockbrokers: __________________________________________________________________ ___________________________________________________________________________ Company _________________________ CUSIP # _________________________ Owner ______________________ # Shares _________________________ Annual Dividend $ _____________ Value $ ___ _________________________ Company _________________________ CUSIP # _________________________ Owner ______________________ # Shares _________________________ Annual Dividend $ _____________ Value $ _ Property Questionnaire 4 Company _________________________ CUSIP # _________________________ Owner ______________________ # Shares _________________________ Annual Dividend $ _____________ Value $s: Company _________________________ CUSIP # _________________________ Owner ______________________ # Shares _________________________ Annual Dividend $ _____________ Value $ _________________________mpany _________________________ CUSIP # _________________________ Owner ______________________ # Shares _________________________ Annual Dividend $ _____________ Value $ _________________________ BondCompany _________________________ CUSIP # _________________________ Owner ______________________ # Shares _________________________ Annual Dividend $ _____________ Value $ _________________________ Co_ Company _________________________ CUSIP # _________________________ Owner ______________________ # Shares _________________________ Annual Dividend $ _____________ Value $ _________________________ ks: Company _________________________ CUSIP # _________________________ Owner ______________________ # Shares _________________________ Annual Dividend $ _____________ Value $ ________________________ner ________________________ Amount $ _________________________ Bank _________________________ Account # _________________________ Owner ________________________Amount $ _________________________ Stoc_____ Account # _________________________ Owner ________________________ Amount $ _________________________ Money Market Accounts: Bank _________________________ Account # _________________________ Owuestionnaire 3 Certificates of Deposit: Bank _________________________ Account # _________________________ Owner ________________________ Amount $ _________________________ Bank ________________________________________ Amount $ _________________________ Bank _________________________ Account # _________________________ Owner ________________________ Amount $ _________________________ Property Q__________ Account # _________________________ Owner ________________________ Amount $ _________________________ Checking: Bank _________________________ Account # _________________________ Owner ____ held, write "joint".) Bank Accounts: Savings: Bank _________________________ Account # _________________________ Owner ________________________ Amount $ _________________________ Bank ___________________ ________________________________________________________________________ Personal Property: (The term "owner" refers to the person in whose name the account, stock, bond, etc. is held. If jointly__________________________________________________________ ________________________________________________________________________ ____________________________________________________________________............... $ ___________ Whose money was used? _______________________________________ Here list the actual legal description of the home (taken directly off the deed or mortgage): ______________ave there been any major improvements made since its purchase? ____________ (If YES): When were the improvements made? ______________________ How much did they cost? ..................................e? .................................................................... $ ___________ Is there any rental income? ...................................................................... $ ___________ Hayment? ......................................... $ ___________ How much are the taxes? ......................................................................... $ ___________ How much is the insurance mortgage?............................................... $ ___________ What is the equity (market value minus mortgage balance)? .................... $ ___________ How much is the monthly mortgage p.................... $ ___________ Property Questionnaire 2 What is the present market value? ........................................................... $ ___________ How much is left unpaid on th__________________________ How much was the down payment? ........................................................ $ ___________ What was the original purchase price? ................................._______________ (Was this before or during the marriage?) __________________________ Whose money was used for down payment? ______________________________ Whose name(s) is on the deed? ___________________________________________________________________ Other Real Estate #2: What is the address? _________________________________________________ When was it purchased? ________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ _______________________ Whose money was used? ________________________________________ Here list the actual legal description of the home (taken directly off the deed or mortgage): _______________________________________improvements made since its purchase? ____________ (If YES): When were the improvements made? _____________________ How much did they cost? ................................................. $ ________.............................................. $ ___________ Is there any rental income? ...................................................................... $ ___________ Have there been any major ........................ $ ___________ How much are the taxes? ......................................................................... $ ___________ How much is the insurance? ....................................................... $ ___________ What is the equity (market value minus mortgage balance)? .................... $ ___________ How much is the monthly mortgage payment? ........................................ $ ___________ What is the present market value? ........................................................... $ ___________ How much is left unpaid on the mortgage?.............._____________________________ How much was the down payment? ........................................................ $ ___________ What was the original purchase price? ..............................__________________ (Was this before or during the marriage?) __________________________ Whose money was used for down payment? ______________________________ Whose name(s) is on the deed? ___________________________ Property Questionnaire 1 Other Real Estate #1: What is the address? _______________________________________________________ When was it purchased? ________________________________________________ __________________________________________________________________ __________________________________________________________________ ___________________________________________________ey was used? ________________________________________ Here list the actual legal description of the home (taken directly off the deed or mortgage): ____________________________________________________made since its purchase? ____________ (If YES): When were the improvements made? _____________________ How much did they cost? ................................................. $ ___________ Whose mon.............................................. $ ___________ How much is the homeowner's insurance? .............................................. $ ___________ Have there been any major improvements tgage balance)? .................... $ ___________ How much is the monthly mortgage payment? ......................................... $ ___________ How much are the taxes? .................................................................... $ ___________ How much is left unpaid on the mortgage?............................................... $ ___________ What is the equity (market value minus mor........................... $ ___________ What was the original purchase price? ..................................................... $ ___________ What is the present market value? ..................e money was used for down payment? _______________________________ Whose name(s) is on the deed? __________________________________________ How much was the down payment? .............................t is the address? ____________________________________ When was it purchased? _______________________________________________ (Was this before or during the marriage?) ___________________________ Whospartment? _____________________________________ If (YES): How much time is left on the lease? _______________________ Do you own your own home? __________________________________________ If (YES): What may be prudent to seek professional assistance from either a qualified accountant or attorney Factors for consideration 7 Property Questionnaire Real Estate: Family Home: Do you lease a home or ature earning potential value which is directly traceable to a particular professional degree. If you feel that the value of a professional degree is an important factor in your particular situation, i sacrifices for the attainment of the other's degree, a value is placed on the degree and it is considered as property to be divided. It is, however, very difficult to place a specific value on the fue degree would then be in a better position to bring income into the family. Upon divorce and in order to equalize the potential earning power of the degree-holder with that of the spouse who made theant career or educational opportunities of his or her own in order to assist the other spouse in earning the degree. The intention of most couples in such a situation was that the spouse who earned thing the marriage to be part of the marital or community property and subject to division. The rationale behind this is that, in many cases, the spouse who did not earn the degree has sacrificed importration (license plates) should then be made to the spouse who will retain the vehicle. Educational Degrees Many states now consider the value of a professional educational degree which was earned dure should then be divided between the spouses. If you or your spouse desire to keep the car, a trade of something of a value equal to the other spouse's share must be made. Transfer of title and registis determined by subtracting the amount owed on the car from its current market value. You can check with a car dealer or bank to find approximate (Blue Book) values of cars or trucks. The equity valu accomplished by selling the vehicle and dividing the proceeds, or by a trade-off of one spouse's share of the car's value. For the trade-off method, first determine the equity value of the car. This s will generally be difficult. A trade-off for something of equivalent value is typically the most effective method for dealing with such benefits. Cars and Other Vehicles The division of cars may beretirement plans. You will need to contact the agency or service branch which administers the plan or benefits. As with standard retirement benefits, an actual division of military and federal benefit that accrued while you were both married, you will need to determine the value of these benefits in much the same manner as outlined Factors for consideration 6 above in the section on pension and have specific legal requirements that must be met in order to obtain a divorce from a person on active military service. If you or your spouse are no longer in the service, but have military benefitsour marriage lasted through 20 years of military service. If you or your spouse are currently in military service, you will probably need to seek legal advice in order to obtain a divorce. Many statesarriage has lasted 10 years in order to share in the benefits which have accrued to your spouse. In addition, certain other benefits (such as PX and commissary rights) will be retained on divorce if yey are subject, in most cases, to division upon divorce. Military disability pay is not, however, subject to division upon divorce. For military retirement benefits, there is a requirement that your mr property to be allocated to a spouse. Military and Federal Pensions and Benefits Although military retirement pensions and federal civil service annuity benefits are also federally administered, thIn addition, even though Social Security benefits are not subject to division in a divorce, the value of such benefits may be taken into account in any considerations regarding the amount of alimony or at least 10 years. If you are approaching being married for 10 years, be aware that divorce from your spouse before you reach the 10-year deadline may cost you significant Social Security benefits. curity benefits that accrued during your marriage even though you become divorced. You will also generally be eligible for Social Security survivor benefits if you and your spouse have been married fote law. You will need to contact your local Social Security office to determine your rights to benefits after divorce. If you have been married for 10 years or more, you will have a right to Social Se Social Security Benefits Social Security benefits are not community or marital property and are not subject to division by a court upon divorce. They are federal benefits and are not governed by staof the benefits that accrued to the spouse during the time of the marriage. The value of any such plans should then be included in the total amount of marital property which is available for division.ith most of these type of plans, however, the value should be easier to ascertain than with pension plans. Check with the employer or administrator of the plan for assistance in determining the value iage, the benefits that were earned during the marriage should be considered as property to be shared and divided. Again, the most difficult problem may be in determining the value of such benefits. W-sharing Plans Like pension and retirement funds, these assets are a clear benefit accrued as a result of a spouse's employment. If you or your spouse were participants in such a plan during your marrount and car. Spouse A Factors for consideration 5 would then retain the entire retirement fund ($5,000) and spouse B would keep the car and cash ($2,000 + $3,000 = $5,000). Stock-option or Profitision, each spouse should get $5,000 worth of their marital assets on divorce. Spouse A may retain his or her entire interest in the retirement fund by trading off his or her interests in the bank accey also have $2,000 in a joint bank account. The couple's joint marital property, thus, is valued at $10,000 ($5,000 retirement benefits + $3,000 car + $2,000 cash = $10,000). Using an equal 50/50 divnd all of the benefits were earned while the couple was married. Spouse B has no retirement benefits. The only other property that the couple owns is a car worth $3,000 and which is fully paid off. Thr assets available, these also may be used in a tradeoff. An example of a trade-off of retirement benefits would be as follows: Spouse A has benefits in a retirement plan which are valued at $5,000, aetain the full interest in the plan. If there is a family home, the spouse retaining the home may trade his or her share of the pension plan for the other spouse's share of the home. If there are othe be accomplished by trade-off. Since a retirement plan is very difficult to divide without actually terminating it and cashing it in, the easiest method for division is for the spouse who owns it to rurately value the benefits, you may wish to consult an attorney to be certain that you do not lose any rights to this benefit. If the value of the plan can be ascertained, division of the benefits cansion or retirement funds may be the largest single asset that they own. If you feel that the value of your share of your spouse's pension or retirement plan may be significant or you are unable to accble time and you or your spouse have substantial contributions to retirement funds or pension plans, you should get expert assistance in valuing these funds. For many older Americans, the value of penen married for very long, the value of the retirement plan may be very little and a rough estimate of its value may be used for purposes of division. If, however, you have been married for a considerauld be due if the plan was immediately terminated. For an actual detailed valuation, a professional actuary skilled in pensions, an accountant, CPA, or an attorney may be necessary. If you have not bely be necessary to determine how much money was contributed and when the contributions were made. You may also ask them to give you an estimate of the current value of the plan or tell you how much worder to determine a plan's value for division, an estimate of the current value of benefits that accrued during your marriage is necessary. The assistance of the administrators of the plan will probabEmployed Person's Individual Retirement Account (SEP-IRA's); HR-10 Retirement Plans (KEOGH's); IRS 401(K) Retirement Plans; Tax Sheltered Annuities (TSA's); Employee Stock Option Plans (ESOP's); In oy have a slightly different method for determining what benefits are available and when they are due. Some common retirement arrangements are: r r r r r r Individual Retirement Accounts (IRA's); Self-to divide the value of a pension or retirement plan is actually determining what the actual present value is. Factors for consideration 4 There are many different types of pension plans and each mahe marriage, there is no reason why such benefits should not be considered as part of a spouse's income or assets which should be shared with the other spouse. The most difficult aspect of attempting etirement and pension plans which were accumulated during a marriage to specifically be subject to division by the court upon divorce. Realistically, if the benefits were earned during the course of tansferring real estate, you may wish to use a real estate broker, title or escrow company, attorney, or bank. Retirement and Pension Plans A majority of states now consider the value of benefits in r the other for his or her share of the home), this should be secured by a Deed of Trust or Mortgage. Any deeds or mortgages must be recorded in the office of your county recorder. For assistance in trship" or "tenancy-by-the-entireties") to a third party upon a sale of the home will generally require a warranty deed. If there is to be a note taken back by one spouse (where one spouse agrees to payhe home to one spouse, a deed (usually a quitclaim deed) will be necessary. To transfer the title from joint marital ownership (usually referred to on the deed as "joint tenancy with right of survivorip under this method, it is more likely to cause later problems and is therefore less favored and no settlement agreement clauses for use in this situation are included. To transfer the ownership of tession. An agreement allowing possession until the children are grown and an agreement on when the home will be sold should be reached if this method is chosen. Because of the continuing joint ownershn structuring these particular deals. Another less common method would be for both spouses to retain shared ownership of the home as tenants-in-common, with the spouse with the children retaining possn are grown. Marital settlement agreement clauses relating to these rather complex methods are not included in this book. A real estate professional or an attorney should be consulted for assistance ier spouse a note for payment of the one-half equity interest and either defer payment until the house is sold, make payments directly to the other spouse, or agree to pay off the note when the childre other methods may be: (1) for the spouse retaining possession to take out a second mortgage and pay off the other spouse from the proceeds; and (2) for the spouse retaining possession to give the othhould receive a trade-off of cash or property worth $7,500. This trade can be accomplished in a number of ways. If there is sufficient cash or property available, it is a relatively simple matter. Two something worth the one-half value of the equity of the home. Again, using the example above, if the equity of the home is $15,000, and the home is to be transferred to one spouse, the other spouse se transferred to the spouse who wishes to retain possession. When there are children, this will normally be the spouse with physical custody. This transfer is generally made in a trade or exchange fory. Whether there are children or not, you may decide that one of the spouses will retain possession of the house. To accomplish this, there are several standard methods. First, title to the home may b Factors for consideration 3 and to have possession of the family home, in reality in nearly every divorce situation involving children, it is the spouse without custody who fares better economicallrests of the children. In addition, it lessens the severe economic burdens that may be placed on the spouse with custody. Although it may seem one-sided for one spouse to have custody of the children division which will allow the spouse who retains physical custody of the children to remain in the family home. This is highly favored by most judges and is generally considered to be in the best inteand shared in an equal manner. Next, you may wish for one spouse to keep the home. If there are minor children who have lived in the home, serious consideration should be given to finding a method of d equally, each spouse would receive $5,750 from the sale and division of their home. There will also usually be tax consequences to the sale of your home and any tax liabilities should be considered $50,000 home, pay off the mortgage, and have a gross profit of $15,000. Out of this would come any real estate commission, usually about 7% or $3,500. This would leave a net profit of $11,500. Divideethods by which to deal with a family home. First, the simplest method of dealing with the division of the home is to sell it and divide the net proceeds. In the example above, a couple might sell theity value of any property that you will be dividing with your spouse. By using the above example, we can examine the various ways to deal with the division of a house. In general, there are two main m loans) in order to determine the "equity" in the home. For example, if your home is appraised at $50,000 and your mortgage balance is $35,000, then the "equity" in your home is $15,000. It is the equation of its current market value. Once you know the market value, you must subtract how much is still owed on the mortgage or trust deed (including any amounts owed on second mortgages or home-equitylue of the home. You can determine this by the use of a professional real estate appraisal. If you have not owned the home for very long, local real estate brokers may be able to give you a good indicen two divorcing spouses will be difficult. Many different factors will influence your ultimate decision on how to account for your home. The first thing you will need to know is the current market vaidual consideration. Specific types of property will be discussed below. The Family Home For most people, a home is, by far, their most important possession. Any attempt to divide a single home betweuld affect your agreement on the division of property. Considerations Regarding Specific Property Regardless of what type of property division system your state uses, certain properties require indive. Factors for consideration 2 If the property settlement discussions can be kept on a rational and mature level, you and your spouse are in a far better position to determine how these factors shore used as an outline for the presentation of evidence to courts in an effort to show that certain elements of a couple's life together should have a bearing on how their property is divided on divorciled factors for consideration were developed in an effort to somewhat quantify the process of property distribution for judges who knew little or nothing about a couple's actual circumstances. They aerations. In short, it must be fair to both you and your spouse. How each of these factors should be taken into account is up to you and your spouse. What is important to understand is that these detaze that all of the provisions that you discuss relate to each other. For your agreement to be a success in eliminating discord from your divorce, it must be a careful balance of all factors and considlist, the division of property is generally considered to be interrelated to any provisions for alimony and child support. As you work through your marital settlement agreement with your spouse, realihe marriage; The tax consequences of the property division; How and by whom the property was acquired; The economic needs of each spouse; and Any other relevant factor. As you can see from the above f any retirement benefits, including social security, civil service, military and railroad retirement benefits; Any child care or child support burdens; The standard of living of both spouses during tome; The time necessary for either spouse to acquire sufficient education to enable the spouse to find appropriate employment; The present and potential earning capacity of each spouse; The presence otion and vocational skills of each spouse; The income and liabilities of each spouse; The employability of each spouse; The opportunity of each spouse for further acquisition of capital assets and incroperty for marital purposes; The economic circumstances of each spouse at the time the division of property is to become effective; The amount of alimony that either spouse may be awarded; The occupa of each spouse; The value of each spouse's separate property; Any increase or decrease in the value of the separate property of each spouse during the marriage; Any depletion of a spouse's separate p r r r r r r r r r r The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker; The length of the marriage; The age and healthconsequences of your property division may also be an important factor. Other relevant factors which may be considered in the division of property: Factors for consideration 1 r r r r r r r r r r rh have accounted for the economic contributions to the marriage, whether such contributions are tangible (wages, salary, etc.) or intangible (homemaking, child care, career sacrifices, etc.). The tax ifices that one spouse has made to put the other through school is also increasingly being considered as a factor in property divisions. The trend is for the consideration of any relevant factors whice to a couple's children, the efforts of a spouse in caring for children and homemaking are now specifically being considered as a relevant factor in a majority of states. The career and economic sacrred to account for these assets. Such economic misconduct may influence your right to property and support. In order to attempt to equalize the treatment of homemakers and spouses who give primary carithout the aid of a lawyer or mediator. Do not try to hide or conceal any of the assets that belong to both you and your spouse. If your divorce ends up contested and before a judge, you will be requicuss the closing of a joint account, or if you fear that your spouse may attempt to clean out your accounts, you will probably not be able to cooperate enough to reach a marital settlement agreement wion. This, however, should be a joint decision. The obligations and proceeds of these joint accounts will then be dealt with in your settlement agreement. If you do not trust your spouse enough to disthe money, running up major joint bills in anticipation of divorce, or other such vengeful acts. It is wise to close all of your joint bank accounts and cancel all joint credit cards upon your separatues to be a factor. Economic misconduct is generally viewed as one spouse attempting to hide any property from the other spouse, dissipating joint assets, cleaning out joint bank accounts and keeping ion, cruelty and other marital faults have no bearing on property decisions in a majority of states. However, in many states (even those which do not consider marital fault) economic misconduct continthere have been some substantial changes in what factors are considered relevant in dividing a couple's property. Marital fault is no longer a factor for consideration in most states. Adultery, desertgiven to each factor. Rather, the list of factors is to be used as a guideline to balance the contributions of each spouse and attempt to arrive at a fair division of the couple's property. Recently, judges to consider what has been determined to be relevant factors in dividing the property. Each factor carries no specific weight in the decisions to be made. In no state is a particular preference tatutes for the judge to use in making any property distribution decisions. These factors are present in both "community property" and "equitable distribution" states. Each state is free to allow its an independent appraisal made of the property. Instructions ­ Property Worksheets Kits 2 Factors for Consideration in Property Divisions In most states, there is a list of factors provided in the s a particular piece of property, the property can be sold and the proceeds simply divided in half. If a specific value cannot be readily attached to a particular piece of property, it is wise to have r settlement. If one spouse truly desires the property, other property or cash may be traded for the property sought in order to essentially equalize the division. If an agreement cannot be reached onide all of the listed marital property and bills into two equal or equitable shares. Certain pieces of property will not be easily subject to division. For those, there are various ways to reach a faiould make a general listing of all of the bills that you and your spouse have accumulated. These, too, will need to be divided. The next step will generally be the most difficult. You will need to diver to all property that you and your spouse agree should be subject to division. This should include all of your property that is not listed in the separate property section. At this same time, you shance. The next step will be to list, in the general areas provided, the type and value of all of your marital property. For the purpose of this worksheet, the term marital property will be used to refw on the matter or simply because of your agreement as such. Generally, this is property that either of you owned prior to your marriage and any property that either of you acquired by gift or inherithe separate property of each. For this worksheet, we will use the term separate to mean that property that you and your spouse agree is not to be subject to division, either because of your state's lawing Worksheet, you will be able to clearly and fairly decide who will get which pieces of property. The first step in filling in your Worksheet should be to list the property that you both agree is tthat your spouse may be attempting to conceal. 3. Property Division Worksheet You and your spouse should use the Property Questionnaire to examine your total property holdings. Then by using the follo. If your spouse refuses to supply you with any of the important property documents, you may need to seek the aid of an attorney in order to protect any rights that you may have to property or assets elate to your situation in order that you will both be fully aware of the details and nature of all of your property. Next to each document, note who has the document and where it is currently locatedThis list is comprehensive and not all of the documents listed will apply to your particular circumstances. It is, however, important for you and your spouse to assemble all of the documents that do r Document Checklist Instructions ­ Property Worksheets Kits 1 The documents listed on the checklist should be assembled for use in understanding and arranging for the distribution of your property. l be able to have in front of you all of the necessary and relevant information for preparing a marital settlement agreement or completing any necessary paperwork for your divorce filing. 2. Propertyh of you will need to prepare one of these forms for attachment to your completed marital settlement agreement. SPECIFIC INTRUCTIONS: 1. Property Questionnaire By filling in the questionnaire you wilecessary for valuing and dividing your property. After the questionnaire and document list, there is a property division worksheet on which you will list the property that each spouse will retain. Botut it is crucial in understanding and properly dividing your possessions and obligations in a fair manner. Following the questionnaire is a property document checklist for assembling those documents n areas which apply. Each spouse should fully answer as many of the questions that he or she is able to. You should include everything that you and your spouse own or owe money on. This is a big task bypes of property. In order to try to list every possible type of property, this questionnaire is very comprehensive. Many of the listings may not apply to your particular situation. Fill in only those no property to divide, in order to make sure that your marital settlement agreement covers all of your property, you should fill out the following questionnaire. It is very easy to overlook certain trior to actually making the important decisions regarding the division of your property, it is important to have before you a complete inventory of all of your property. Even if you feel that you haveion of your property on an amicable level. The division of your marital property may be the most important economic event of your lives, and should be dealt with in a mature and businesslike manner. Pettlement. This, however, is not a productive manner in which to approach the division of you and your spouse's property. As much as is possible, you should attempt to keep the discussion of the divis of their spouse during the course of a modern divorce proceeding. Thus, there may often be a tendency to attempt to bring anger and animosity to bear on the other areas left to resolve in a divorce sents may arise. As the change to no-fault divorce has essentially removed the relevance of marital misconduct from consideration, many spouses are unable to vent their hostilities regarding the faultsolder, © Nova Publishing Company 2004 In the course of your attempts to reach a marital settlement agreement with your spouse, the division of your property is one of most likely areas in which argumals. An attorney should be consulted for all serious legal matters. Information ­ Property Worksheets Kits 1 Instructions Divorce - Property Worksheets Kit Provided under agreement with copyright hsiness interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of these materible for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or bu The materials are used at your own risk. In no event will: i) FindLegalForms, Inc, its agents, partners, or affiliates, or ii) the providers, authors or publishers of the forms, be responsible or liagalforms.com. These materials are provided "AS-IS." We do not give any express or implied warranties of merchantability, suitability or completeness for any of the materials for your particular needs.nship is created by use of these materials. FindLegalForms, Inc. does not provide legal advice. The purchase and use of these materials is subject to the "Disclaimers and Terms of Use" found at findle also details the history of your marriage. Property Division Worksheet ­ will help you make certain decisions regarding the value and division of your property. Disclaimer No Attorney-Client relatiosions. Property Checklist ­ provides a list of documents which should be assembled when arranging for marital property distribution. Property Questionnaire ­ covers your basic personal information andhat your marital settlement agreement properly addresses all of the relevant issues. This kit includes the following items: · · · · Instructions and information on factors to consider in property divir property, it is important to have before you a complete inventory of all of your property. Even if you feel that you have no property to divide, you should complete the forms in this kit to ensure tInformation Divorce - Property Worksheets Kit Provided under agreement with copyright holder, © Nova Publishing Company 2004 Prior to actually making important decisions regarding the division of you South CarolinaSouth Carolina ___________________________ [Signature of Notary Public] Notary Public, for the County of ____________________ State of _______________ My commission expires _______________ Financial Statement - 4-and correct on personal knowledge and acknowledged that said document was signed as a free and voluntary act. Subscribed and sworn to before me this ________day of _________________, 20____. _________ho is personally known to me to be the same person whose name is subscribed to the foregoing document, and, being duly sworn, verified that the information contained in the foregoing document is true n this day, before me, the undersigned authority, in and for and residing in the above county and state, personally appeared ___________________________________________________ [Full name of spouse] w ________ day of _______________, 20 ___. _______________________________________ [Signature of spouse signing form] Financial Statement - 3- State of County of __________ ) ) __________ ) SS. O......................................................................... $ ________ Total Liabilities .......................................................................... $ ________ Dated this......................................... $ ________ Average Monthly Expenses: ....................................................... $ ________ SUMMARY OF ASSETS AND LIABILITIES: Total Assets: ....._____ ________ ________ ________ TOTAL LIABILITIES: .............................................................. $ ________ SUMMARY OF INCOME AND EXPENSES: Average Monthly Income: .................____________________________ _________________________________ Balance due: $ Balance due: $ Balance due: $ Balance due: $ Balance due: $ Balance due: $ Balance due: $ ________ ________ ________ ___ditor Creditor Creditor _________________________________ _________________________________ _________________________________ _________________________________ _________________________________ __________ ________ ________ ________ ________ ________ TOTAL ASSETS: ...................................................................... $ ________ LIABILITIES: Creditor Creditor Creditor Creditor Crest) __________________________________________ _____________________________________________ _____________________________________________ $ $ $ $ $ $ $ $ $ $ ________ ________ ________ ________ ___........... Contents of home or apartment: .................................................. Jewelry: ...................................................................................... Other: (li........................ Real estate: ................................................................................. Automobiles: ................................................................................................... Stocks: ....................................................................................... Bonds: ................................................................______ ________ ________ ________ Financial Statement - 2- TOTAL AVERAGE MONTHLY EXPENSES: ......................... $ ________ ASSETS: Cash: .......................................................ent $ Monthly payment $ Monthly payment $ ________ ________ ________ ________ ________ ________ Monthly payment $ Monthly payment $ Monthly payment $ Monthly payment $ Monthly payment $ ________ ________ ________ ________ ________ ________ ________ ________ ________ ________ ________ ________ ________ ________ ________ ________ Monthly payment $ Monthly payment $ Monthly payment $ Monthly paym______________________ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ ________ ________ ________ ________ ________ ________ ________ ________ ________ ________ ________ ________ ________ ____________ Any other debts: Creditor _____________________________ Creditor _____________________________ Creditor _____________________________ Creditor _____________________________ Creditor ______________________ Creditor _____________________________ Creditor _____________________________ Creditor _____________________________ Creditor _____________________________ Creditor _________________________ _____________________________________________ _____________________________________________ _____________________________________________ Fixed debts on a monthly basis: Creditor ______________................. Other .............................................................................. Any other expenses (list) _______________________________ _______________________________________.............................................. Disability ........................................................................ Life .................................................................................................................................... Payments ........................................................................ Insurance: Health ................................................ Repairs ........................................................................... License ........................................................................... Insurance ....................................... Public transportation ................................................................... Automobile: Gasoline and oil .................................................................................................... Gifts or donations ....................................................................... Vacation expenses ............................................................................................................ Day care/baby sitter .................................................................... Entertainment ......................Clothing ..................................................................................... Medical, dental, prescriptions ..................................................... Education ................................... Food and grocery items .............................................................. Meals outside home .................................................................... ....................................... Pest control ................................................................................ Housewares .......................................................__ ________ ________ ________ ________ Financial Statement - 1- Cleaning and laundry .................................................................. Repairs and maintenance .................................................................................. Fuel oil and natural gas ............................................................... $ $ $ $ $ $ $ $ ________ ________ ________ ______bage, sewer ................................................................ Cable television .......................................................................... Telephone .............................. Homeowner's insurance ............................................................. Electricity ................................................................................... Water, gar______ AVERAGE MONTHLY EXPENSES Mortgage or rental payment ........................................................ Property taxes .................................................................... $ ________ $ $ $ $ $ ________ ________ ________ ________ ________ $ $ $ $ $ $ ________ ________ ________ ________ ________ ________ TOTAL AVERAGE MONTHLY INCOME: ............................. $ __....................... Rents, royalties ............................................................... Other monthly income .................................................... $ ________ $ ________mployment, welfare, etc. .......................................... Dividends, interest, etc. ................................................... Business income ........................................... Net monthly salary, wages .......................................................... Monthly income from other sources Commissions, bonuses, etc. ............................................ Une....................................... Union dues ..................................................................... Other .................................................................................................... Other deductions from paycheck on monthly basis Insurance ........................................................................ Credit Union ............................nthly salary or wages ................................................... minus Social Security ..................................................... minus income tax .................................xt pay day: ___________________________________________________ Rate of pay: ................................................................................ $ ________ AVERAGE MONTHLY INCOME Gross moEmployed by: ___________________________________________________ Address of Employer: _____________________________________________ Pay period: _____________________________________________________ Nel serious legal matters. Financial Statement ­ Information -2 - FINANCIAL STATEMENT OF ____________________ [Full name] EMPLOYMENT: Occupation: ____________________________________________________ any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of these materials. An attorney should be consulted for alges Financial Statement ­ Information -1 - (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on its agents, partners, or affiliates, or ii) the providers, authors or publishers of the forms, be responsible or liable for any direct, indirect, incidental, special, exemplary, or consequential damamplied warranties of merchantability, suitability or completeness for any of the materials for your particular needs. The materials are used at your own risk. In no event will: i) FindLegalForms, Inc,egal advice. The purchase and use of these materials is subject to the "Disclaimers and Terms of Use" found at findlegalforms.com. These materials are provided "AS-IS." We do not give any express or ied on full knowledge of all of the facts relating to your property and income. Disclaimer No Attorney-Client relationship is created by use of these materials. FindLegalForms, Inc. does not provide lare an individual copy of this statement. This form assures that both you and your spouse are fully aware of each others economic circumstances and that you have made your decisions and agreements bases. Some states have similar state-supplied, mandatory financial statement forms. In those cases, this form will help you complete the mandatory state forms. Both you and your spouse will need to prepart of your marital settlement agreement and will also become a part of your final divorce papers. This Financial Statement is mandatory for you to fill out and is required, in some form, in most statperty and bills as you and your spouse have agreed to in your marital settlement agreement. Fill in only those items that apply to your circumstances. The Financial Statement will become a permanent pte from your spouse. If you have physical custody of any children, any expenses related to their care should also be included. The assets and liabilities listed should be your separate and marital proerived from child support payments or alimony from your current spouse. The expenses that you include on this statement should be based on your estimated or actual expenses while you are living separaomic situation immediately after your settlement agreement takes effect. The monthly income that you list should be based on your current job and sources of income, but should not include any income dIt details both your monthly income and expenses and your overall net worth (assets and liabilities). The information that you include on this form should be current and should be based upon your econse in conjunction with a marital settlement agreement, will be your record of the disclosures that you and your spouse have made to each other regarding your joint and individual economic situations. Information Financial Statement for Divorce Proceedings Provided under agreement with copyright holder, © Nova Publishing Company 2004 The following Financial Statement for Divorce Proceedings, for u South CarolinaSouth Carolina __________ (signature) Notary Public, for the County of _______________________ State of _______________________ My Commission expires _______________________ Complaint for Divorce 5 formation contained in the foregoing document is true and correct on personal knowledge and acknowledged that the document was signed as a free and voluntary act for the purposes stated. ______________ personally came before me and, being duly sworn, did state that he/she is the person described in the above document and that he/she signed the above document in my presence and verified that the in ________________________________________ Signature of Defendant State of ___________________ SS. County of ___________________ On ______________________, 20 , ________________________________________ct for the purposes stated. _______________________ (signature) Notary Public, for the County of _______________________ State of _______________________ My Commission expires _______________________ t in my presence and verified that the information contained in the foregoing document is true and correct on personal knowledge and acknowledged that the document was signed as a free and voluntary a _________________________________________ personally came before me and, being duly sworn, did state that he/she is the person described in the above document and that he/she signed the above documen ___ day of _____________________, 20___. ________________________________________ Signature of Plaintiff State of ___________________ SS. County of _________________ On ______________________, 20 _,tlement Agreement, but that the Marital Settlement Agreement survive. 3. That the court award the parties any other further relief as may be just and equitable. Complaint for Divorce 4 Dated thisment, which is attached, be approved and be incorporated, merged into, and made part of a Decree of Divorce, and that the parties be ordered to comply with all terms and conditions of the Marital Setays: 1. That a Divorce be granted by the court dissolving and terminating forever the marriage between the parties. 2. That all of the terms and conditions of the party's Marital Settlement Agreentry of final judgment or decree, and the right to appeal, but does not waive any rights to the future modification of any judgment or decree in this cause. The Plaintiff respectfully requests and prrce in this cause. Complaint for Divorce 3 9. WAIVER. The Plaintiff hereby waives any rights to findings of fact and conclusions of law, a record of testimony, motion for a new trial, notice of ened under no duress or force and without collusion. 8. CONSENT. The Defendant has agreed to file a Consent to the incorporation and merger of said Marital Settlement Agreement into a Decree of Divopective income, expenses, assets, and liabilities and the individual Financial Statements are attached and incorporated by reference. The Marital Settlement Agreement and Financial Statements were signeed for any alimony, maintenance or spousal support, and the custody, visitation, care, and support of their children. A Financial Statement has been prepared by each of the parties listing their resarital Settlement Agreement they have settled all of the issues relating to their marriage, including the division of all of their property, the disposition of all of their bills and obligations, the ested. The Plaintiff and Defendant have both signed a Marital Settlement Agreement, dated the ___day of _______________, 20___, which is attached and incorporated by reference. By the terms of this Mence, state the grounds which apply to your situation and which you have chosen from the State Law Digest for Divorce Law, available through the link above.) 7. AGREEMENT. This proceeding is uncont_____________ Child's Date of Birth ________________________ ________________________ Complaint for Divorce 2 and the Plaintiff (or Defendant) is not now pregnant. 6. GROUNDS. (In a complete sent cohabitation ever since. 5. CHILDREN. There were ___ children born [or adopted] to the marriage and their names and dates of birth are as follows: Child's Name ________________________ ______________ and lived together as husband and wife until on or about the ___day of ____________, 20 ___, at which time they separated and ceased to live together and they have lived separate and apart withoutn active member of any branch of the Armed Forces of the United States. 4. MARRIAGE. The Plaintiff and Defendant were married on the ___day of________________, 20___, in the State of ______________e an Appearance in this cause. Neither party has ever been involved in any other domestic relations proceeding involving the other party in this or any other jurisdiction. Neither party is currently aice of Process in this cause and, therefore, no service of process is necessary at this time. 3. JURISDICTION. The court has proper jurisdiction to hear this cause. The Defendant has agreed to fil________and the County of ______________for the preceding ______________. [Length of time for residency ­ one year or more.]. 2. SERVICE OF PROCESS. The Defendant has agreed to file a Waiver of Serv________________________ states, under oath, the following: Complaint for Divorce 1 1. RESIDENCY. Plaintiff has been a resident of and domiciled in the State of ___________ for the preceding ____, and who is employed as a ____________ at _________________, located at _____________________________________, City of _________________, State of ____________________. The undersigned Plaintiff _________ , State of_________________. The Defendant in this action is ___________, age ___, who resides at ________________________, City of _____________________, whose Social Security # is _______________________, City of ______________, whose Social Security # is ___________, and who is employed as a _____________ at ___________________, located at ______________________________, City of _______inor children, if any] ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case #: [Obtain from clerk upon filing] COMPLAINT FOR DIVORCE This action is brought by ______________, Plaintiff, age____, who resides at _____y Court of the __________ Judicial Circuit In re the Marriage of: [Name of spouse], Plaintiff and [Name of other spouse], Defendant [Use only if there are children]: And in the interest of: [Name of min the following additional forms: Appearance, Consent, and Waiver form Child Custody Jurisdiction form (if children are involved) Proposed Final Judgment or Decree State of South Carolina, The Familr state's divorce laws and procedure. Use this information to help you complete the Complaint for Divorce form. http://www.findlegalforms.com/public/DIV/SLD/DIV-DIGEST.rtf You may also be interested us legal matters. Information Complaint for Divorce (Parties with Children) South Carolina Follow the link below to our free State Law Digest for Divorce Law, which includes information regarding youory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of these materials. An attorney should be consulted for all serio exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theent will: i) FindLegalForms, Inc, its agents, partners, or affiliates, or ii) the providers, authors or publishers of the forms, be responsible or liable for any direct, indirect, incidental, special," We do not give any express or implied warranties of merchantability, suitability or completeness for any of the materials for your particular needs. The materials are used at your own risk. In no evgalForms, Inc. does not provide legal advice. The purchase and use of these materials is subject to the "Disclaimers and Terms of Use" found at findlegalforms.com. These materials are provided "AS-IS. may be additional requirements imposed by your state or county. Please consult your county clerk before filing. Disclaimer No Attorney-Client relationship is created by use of these materials. FindLe. Delete any clauses and italicized text you do not include in your agreement. NOTE: This packet includes materials generally applicable to filing a Complaint for Divorce in your state; however, therealics unless it is language directly relating to your Complaint for Divorce. In addition, the only blank lines that should appear on your original should be spaces for the signatures on the final pageake any alterations in the wording of this form unless it is to comply with wording in an actual sample that you have obtained from the court. Do not type any portions of a clause that are shown in itt to the court that your marriage be terminated. Fill in the appropriate information on this form and then reprint the document onto clean white paper, making sure to double space every line. Do not mInformation Complaint for Divorce (Parties with Children) South Carolina Provided under agreement with copyright holder, © Nova Publishing Company 2004 The Complaint for Divorce is your formal reques South CarolinaSouth Carolina ony Worksheet 4 nd then begin his or her own testimony. At the end of his or her testimony, he or she should state: "Your Honor, that concludes my testimony." Then be seated and wait for the judge's decision. Testim the same as yours. It should, of course, be altered to be read from the point of view of your spouse. After you have concluded your testimony, your spouse should stand, ask the court when to begin, a state:] "Thank you very much, you are excused." o. p. 16. In those few jurisdictions in which the testimony of both spouses is necessary, your spouse should prepare a testimony sheet substantiallystions]: "To your knowledge, do the Petitioner [or Plaintiff] and the Respondent [or Defendant] currently live together?" "On your own knowledge, how long have they not lived together?" [In all cases,is their marital status?" 14. 15. g. h. i. j. k. l. m. Testimony Worksheet 3 n. [If the grounds for your divorce are based on separation for a specific period of time, ask the following 2 quendant] lived in this State and in this County [or Parish]?" "Are you familiar with the marital status of the Petitioner [or Plaintiff] and the Respondent [or Defendant]?" "To your own knowledge, what _____?" "Are you familiar with where the Respondent [or Defendant] currently lives?" "Where does the Respondent [or Defendant] currently live?" "To your own knowledge, how long has Respondent [or Defeetitioner [or Plaintiff] lived in this State and in this County [or Parish]?" "Are you personally familiar with the Respondent [or Defendant] in this case?" "How long have you known [him or her] _____ly familiar with the Petitioner [or Plaintiff] in this case?" "How long have you known [him or her] __________?" "Where does the Petitioner [or Plaintiff] live?" "To your own knowledge, how long has Pave your witness come forward and be sworn in. Then ask the following questions: a. b. c. d. e. f. "What is your name, please?" "Where do you live and how long have you lived there?" "Are you personalwill be required, state: "That concludes my testimony, your Honor." If a witness is required in your situation, state: "Your Honor, I would now like to call __________ [name of witness] to testify." Hthe Marital Settlement Agreement and Judgment [or Decree]." "I respectfully request that our marriage be dissolved and that the relief prayed for in the Judgment [or Decree] be granted. If no witness k the court clerk for any of the necessary forms. 13. If desired, state: "Your Honor, I request that the Petitioner's [or Plaintiff's (or Respondent's or Defendant's) name be restored as set forth in may also insist that automatic wage withholding or some other method to guarantee the child support payments be used. If so, ask the judge what forms will be necessary. Take careful notes and later asrms will be necessary. The judge may also inquire into your health 9. 10. 11. 12. Testimony Worksheet 2 insurance coverage. Be prepared to answer as to how the child will be covered. The judge ituted and how the child support payments may be guaranteed. The judge may insist that the payments be made though the clerk of the court or other state agency. If so, ask the judge what additional fo your children will be the most likely area in which the judge will question you carefully. Be prepared to answer questions relating to how your custody and visitation provisions will actually be instterests of our children that: [Here state the terms regarding custody and child support as contained in your Marital Settlement Agreement]". The provisions that you and your spouse have made regarding have agreed on all issues concerning the care, custody, and support of our children and our agreement is contained in our Marital Settlement Agreement, which was submitted. It would be in the best inng Child Custody Jurisdiction]. I am familiar with the signature of my spouse and can state that it is genuine. I request that this Declaration be admitted into evidence." "Your Honor, my spouse and Iby the child(ren). My spouse and I have both signed a Declaration regarding Child Custody Jurisdiction which is true and correct and which was filed in this case. [Here hold up the Declaration regardis of _____ child(ren). Their names, ages, birthdates, and birthplaces are as follows: [State the information]. If you have children, also state: "Apart from personal possessions, no property is owned in your Marital Settlement Agreement]." Select the statement which applies: "Your Honor, my spouse and I have no minor children and none are expected." Or: "Your Honor, my spouse and I are the parentave submitted." Or: "My spouse and I have agreed in our Marital Settlement Agreement that I [or he/she] should receive the following alimony and maintenance: [Here state the terms exactly as containedneither of us should receive any alimony or maintenance from the other and we have forever waived our claims to such support. We have both agreed to this in our Marital Settlement Agreement, which I heed to the division of all of our property and debts under the terms of our Marital Settlement Agreement which I have submitted." Select the statement which applies: "My spouse and I have agreed that spouse, whose signature is on the last page. [Here hold up the proposed Judgment or Decree]. I am familiar with the signature of my spouse and can state that it is genuine." "My spouse and I have agrment Agreement be approved, incorporated, and merged into the Judgment [or Decree] and that we both be ordered to comply with all terms and conditions. The Judgment [or Decree] has been approved by myd consented to the entry of judgment in this case." 8. "Your Honor, I have prepared and submitted a Judgment [or Decree] which prays for a divorce [dissolution of marriage] and that our Marital Settlemy spouse admitted all of the allegations as contained in the petition [or complaint], waived all objections to venue, waived issuance, return, and service of process, entered a general appearance, anand Waiver form]. I am familiar with the signature of my spouse and can state that it is genuine. By the 2. 3. 4. 5. 6. 7. Testimony Worksheet 1 terms of this Appearance, Consent, and Waiver, vidence and approved by this court." "My spouse, the Respondent [or Defendant], has also signed an Appearance, Consent, and Waiver which was filed in this case. [Here hold up the Appearance, Consent, miliar with the signature of my spouse on both of those documents and can state that it is genuine. I request that the Marital Settlement Agreement and attached Financial Statements be admitted into eement and the Financial Statements were attached to and incorporated into the petition [or complaint] which was filed. [Here hold up the Marital Settlement Agreement and Financial Statements]. I am fathis Agreement are two individual Financial Statements that my spouse and I have signed and verified. The information contained in my Financial Statement is true and correct. The original of this Agreat the judge asks but don't volunteer information.] "Your Honor, my spouse and I have signed a written Marital Settlement Agreement resolving all of our differences. Attached to and incorporated into sons for your divorce. Simply and briefly explain why your marriage can't continue. Describe conflicts, arguments, fights, neglect, etc. But don't emphasize fault. Respond directly to any questions thm exactly to the particular grounds that are applicable in your state and which you have selected for inclusion in your petition/complaint. At this point, the judge may ask you to elaborate on the reais no possible chance for reconciliation." Or: "We have lived separate and apart without interruption and without cohabitation for over 12 months." [These are only examples. Your statement must confor [or dissolution of marriage] on the grounds that: "[here state the grounds that apply in your state in an affirmative manner]. For example: "There are irreconcilable differences between us and there he Certificate of my marriage to the Respondent [or Defendant]. We separated on ____________________, 19 ___, and have lived separate and apart without cohabitation since that time." "I seek a divorce State of _____________ and a copy of our marriage certificate has been filed with the court. [Here hold up the Marriage Certificate]. I am familiar with the Marriage Certificate and recognize it as t than [required time limit] ____________________." "I am now married to ____________________, who is the Respondent [or Defendant] in this case. We were married on ____________________, 19 ___, in theg the Petition [or Complaint], I had continually been a resident of and domiciled in this state for more than [required residency time limit] ____________________, and this county [or parish] for morey name is ____________________, and I am the Petitioner [or Plaintiff] in this case." "All of the facts stated in my verified Petition [or Complaint] are true and correct." "Immediately prior to filin (including negligence or otherwise) arising in any way out of the use of these materials. An attorney should be consulted for all serious legal matters. DIVORCE TESTIMONY WORKSHEET 1. "Your Honor, m to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tortiates, or ii) the providers, authors or publishers of the forms, be responsible or liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limitedility, suitability or completeness for any of the materials for your particular needs. The materials are used at your own risk. In no event will: i) FindLegalForms, Inc, its agents, partners, or affilse of these materials is subject to the "Disclaimers and Terms of Use" found at findlegalforms.com. These materials are provided "AS-IS." We do not give any express or implied warranties of merchantabtline that will aid you in any hearing setting. Disclaimer No Attorney-Client relationship is created by use of these materials. FindLegalForms, Inc. does not provide legal advice. The purchase and uestimony a few times before you appear in court. Although the judge may ask you direct questions instead of allowing you to present your testimony, this testimony worksheet will provide you with an oulics, unless it is language directly relating to your testimony. You will bring these testimony sheets with you when you appear for your court hearing. It may be a good idea to practice reading your tin the appropriate blanks in this testimony outline, you should neatly print or write all of these statements on clean sheets of paper. Do not type any portions of the testimony which are shown in itad grounds for divorce. The residency and grounds testimony that you use on your personal testimony worksheet must match the information stated in the petition/complaint exactly. After you have filled y that is most often required in uncontested divorce hearings. You will need to tailor the testimony shown on this worksheet to fit your specific case. Also carefully check the details of residency anInformation Divorce Testimony Worksheet (Uncontested Divorces) Provided under agreement with copyright holder, © Nova Publishing Company 2004 The following document is a general guide to the testimon South CarolinaSouth Carolina _____ My Commission expires _________________ 3 the purposes stated and that a copy of the Complaint has been received. ____________________________________ (Signature) Notary Public, for the County of __________ State of _________________________y presence and verified that the information contained in the foregoing document is true and correct on personal knowledge and acknowledged that the document was signed as a free and voluntary act for___________personally came (Date) (Defendant's name) before me and, being duly sworn, did state that he/she is the person described in the above document and that he/she signed the above document in mse. ________________________________________ Signature of Defendant 2 State of __________________ ) ) County of _________________ ) SS. On ______________________, 20 ___, ________________________cord of testimony, motion for a new trial, notice of entry of final judgment or decree and right to appeal, but do not waive any rights to the future modification of any judgment or decree in this cau and that the court enter an Order granting the relief prayed for in the Complaint. 7. ADDITIONAL WAIVER. I further waive my rights to notice of trial, findings of fact and conclusions of law, a reent Agreement survive. 6. ADDITIONAL CONSENT. I agree that this proceeding is uncontested. I further consent that this cause be heard on any day convenient to the court without further notice to mencorporated, merged into and made part of a Decree of Divorce, and that the parties be ordered to comply with all terms and conditions of the Marital Settlement Agreement, but that the Marital Settlemreement and Financial Statements were signed under no duress or force and without collusion. 5. CONSENT. I consent to said Marital Settlement Agreement and Financial Statements being approved and irital Settlement Agreement, dated the _____ day of ________________, 20 _______,and a Financial Statement which are attached to and incorporated into the original Complaint. The Marital Settlement Agher party in this or any other jurisdiction. I am not currently an active member of any branch of the Armed Forces of the United States. 4. AGREEMENT. I have freely and voluntarily entered into a Mavoluntarily enter my general appearance in this cause and submit personally to the jurisdiction of the court. I have never been involved in any other domestic relations 1 proceeding involving the otead and understand it and admit all of the allegations contained in it. 3. APPEARANCE AND WAIVER. I waive all objections to venue and the issuance, service, and return of process in this cause and residency as shown in the Appendix. If no time limit is required, state actual time of residency]. 2. ADMISSION. I have received a copy of the Complaint which was filed in this cause, and I have rident of and domiciled in the State of ____________________ for the preceding ____________________ and the County of _____________________ for the preceding _____________________. [Length of time for children, if any] ) ) ) ) ) ) ) ) ) ) ) ) ) Case #: [Obtain from clerk upon filing] APPEARANCE, CONSENT AND WAIVER The undersigned Defendant states on oath, that: 1. RESIDENCY. I have been a rese of South Carolina, The Family Court of the __________ Judicial Circuit In re The Marriage of: [Name of spouse], Plaintiff and [Name of other spouse], Defendant And in the interest of: [Name of minort and that a copy of the Petition has been received. _________________________________ Notary Public Notary Seal My commission expires: January 1, 2005 Sample Appearance, Consent and Waiver 3 Stating duly sworn, he verified that the information contained in the foregoing document is true and correct on personal knowledge and acknowledged that said document was signed as a free and voluntary ac for and residing in the above county and state, personally appeared John William Smith, who is personally known to me to be the same person whose name is subscribed to the foregoing document, and, be____________ John William Smith State of Superior County of Washington Sample Appearance, Consent and Waiver ) ) ) SS. 2 On this 5th day of June 2004, before me, the undersigned authority, in and of testimony, motion for a new trial, notice of entry of final judgment, and right to appeal, but do not waive any rights to the future modification of any judgment in this cause. __________________d that the court enter an Order granting the relief prayed for in the Petition. 7. ADDITIONAL WAIVER. I further waive my rights to notice of trial, findings of fact and conclusions of law, a record Agreement survive. 6. ADDITIONAL CONSENT. I agree that this proceeding is uncontested. I further consent that this cause be heard on any day convenient to the court without further notice to me an merged into, and made part of a Final Judgment of Divorce, and that the parties be ordered to comply with all terms and conditions of the Marital Settlement Agreement, but that the Marital SettlementFinancial Statements were signed under no duress or force and without collusion. 5. CONSENT. I consent to said Marital Settlement Agreement and Financial Statements being approved and incorporated,nto a Marital Settlement Agreement, dated the 1st day of May, 2004, and a Financial Statement, which are attached to and incorporated into the Original Petition. The Marital Settlement Agreement and isdiction. I am not currently an active member of any branch of the Armed Forces of the United States. Sample Appearance, Consent and Waiver 1 4. AGREEMENT. I have freely and voluntarily entered ippearance in this cause and submit personally to the jurisdiction of the court. I have never been involved in any other domestic relations proceeding involving the other party in this or any other juregations contained in it. 3. APPEARANCE AND WAIVER. I waive all objections to venue and I further waive the issuance, service, and return of process in this cause and voluntarily enter my general and the County of Washington for the preceding 6 months. 2. ADMISSION. I have received a copy of the Petition which was filed in this cause and I have read and understand it and admit all of the allCONSENT AND WAIVER The undersigned Respondent, John William Smith, states on oath, that: 1. RESIDENCY. I have been a resident of and domiciled in the State of Superior for the preceding 12 months aior In re the Marriage of: Mary Ellen Smith, Petitioner John William Smith, Respondent And in the interest of: Alice Mary Smith and James John Smith ) ) ) ) ) ) ) ) ) ) ) Case #: ABC123 APPEARANCE, ny italicized, bracketed language from your final, printed form. These are just instructions included to help you complete the form. SAMPLE In the Circuit Court for Washington County, State of SuperThe sample form includes a border so you can distinguish it from the actual form you will use. Your blank form follows the sample and when printed should not include a border. Also, be sure to erase ah is the wife and Mr. John William Smith is the husband. They were married on January 1, 1999. The parties live in the fictional town of Centerville, in the County of Washington, State of Superior. * rmation from the instruction sheet. Use it as a reference to help you in completing your own form. For the purposes of preparing this sample agreement a fictional family was used. Mrs. Mary Ellen Smithttp://www.findlegalforms.com/public/DIV/SLD/DIV-DIGEST.rtf Sample Appearance, Consent and Waiver Following is a completed sample Appearance, Consent and Waiver form. It has been assembled using inforee State Law Digest for Divorce Law, which includes information regarding your state's divorce laws and procedure. Use this information to help you complete the Appearance, Consent and Waiver form. in any way out of the use of these materials. An attorney should be consulted for all serious legal matters. Instructions Appearance, Consent and Waiver South Carolina Follow the link below to our fices; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arisingishers of the forms, be responsible or liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or servf the materials for your particular needs. The materials are used at your own risk. In no event will: i) FindLegalForms, Inc, its agents, partners, or affiliates, or ii) the providers, authors or publclaimers and Terms of Use" found at findlegalforms.com. These materials are provided "AS-IS." We do not give any express or implied warranties of merchantability, suitability or completeness for any oess. Disclaimer No Attorney-Client relationship is created by use of these materials. FindLegalForms, Inc. does not provide legal advice. The purchase and use of these materials is subject to the "Disaneous legal proceedings and technicalities). Once the spouse who will act as defendant has signed this form, no further action by that spouse should be necessary for the remainder of the divorce proc new trial, notice of entry of final judgment or decree and right to appeal (these rights were also waived by the defendant in the petition/complaint in an effort to eliminate any unnecessary and extrn of the marital settlement agreement into the final divorce order. Finally, the defendant spouse also waives his/her right to findings of fact, conclusions of law, a record of testimony, motion for as means that he/she agrees that the court in which the divorce is filed has the proper authority to grant the divorce. This spouse (officially the defendant) also offers his/her consent to the adoptio process server. Second, by submitting this document, the spouse who is not designated as the plaintiff officially makes a legal appearance and consents to the jurisdiction and venue of the court. Thion-filing spouse (formally referred to as the "service of process") is made unnecessary. Essentially this form waives the right of the parties to have papers served formally by a sheriff or some otherfiled jointly, require that this form be filed. The Appearance, Consent and Waiver form serves several functions. First, by using it the requirement for a formal serving of the divorce papers on the no streamline and speed up the legal process when both parties have agreed on the desired results of the divorce proceedings. All states, except those that allow a petition/complaint for divorce to be Information Appearance, Consent and Waiver South Carolina Provided under agreement with copyright holder, © Nova Publishing Company 2005 The purpose of the Appearance Consent and Waiver document is t South CarolinaSouth Carolina ____________ Signature of Defendant ________________________________________ Printed Name of Defendant 3 g Judge Approved as to form and content: ________________________________________ Signature of Plaintiff ________________________________________ Printed Name of Plaintiff ____________________________restored to _____________________ as set forth in said Marital Settlement Agreement. Signed and entered this ________ day of ____________, 20____. _________________________________________ Presidinment; 2 5. That the custody, visitation, care, and support of the parties' children shall be as set forth in said Marital Settlement Agreement; and 6. That the Plaintiff's / Defendant's name be all be distributed and apportioned according to the terms and conditions of said Marital Settlement Agreement; 4. That alimony and maintenance shall be as set forth in said Marital Settlement Agreerder, and the parties are ordered to comply with all terms and conditions of said Marital Settlement Agreement, but that it shall survive this order; 3. That the parties' property and obligations sh between the parties and dated the ______day of ______________, 20___,which is attached and incorporated by reference, are hereby approved and incorporated, merged into, and made part of this court oDECREES: 1. That the marriage of the Plaintiff and the Defendant is hereby dissolved and that they are hereby divorced; 2. That all of the terms and provisions of the Marital Settlement Agreement testimony, motion for a new trial, notice of entry of final Judgment, and right to appeal, but have not waived their rights to future modification of this Judgment. THE COURT ORDERS, ADJUDGES, AND he subject matter; 1 3. That all of the material allegations contained in the Complaint are true; and 4. That the parties have voluntarily waived findings of fact, conclusions of law, a record ofd being fully advised finds: 1. That all necessary residency requirements and prerequisites of law have been legally satisfied; 2. That this Court has personal jurisdiction of the parties and of t and return of process and appeared generally by an Appearance, Consent and Waiver duly filed and did not otherwise appear. The Court, having examined the verified pleadings and heard the evidence anCREE OF DIVORCE Case #: ____________ On the _______ day of ___________, 20___, a final hearing was held in this cause. The Plaintiff was present, in person. The Defendant waived issuance, service,rcuit In re The Marriage of: _______________________, Plaintiff and _______________________, Defendant And in the interest of: _______________________ _______________________. ) ) ) ) ) ) ) ) ) ) ) DEin your state, visit you state's legislative site (a link is provided on the first page of this packet) or contact an attorney. State of South Carolina, The Family Court of the __________ Judicial Cirmation supplied with this packet. Fill out the requested information and then print out a final copy for dating and signature. If you have further questions regarding the use of this form or divorce __________ John William Smith, Defendant Sample Decree of Divorce 3 Decree of Divorce Form The Decree of Divorce form begins on the following page. Use it in conjunction with the statespecific infoed this 6th day of July, 2004 ________________________________________ Presiding Judge Approved as to form and content: ______________________________ Mary Ellen Smith, Plaintiff ____________________n shall be as set forth in said Marital Settlement Agreement; and 6. That the Plaintiff's name be restored to Mary Ellen Carter as set forth in said Marital Settlement Agreement. Signed and enter 4. That alimony and maintenance shall be as set forth in said Marital Settlement Agreement; Sample Decree of Divorce 2 5. That the custody, visitation, care, and support of the parties' childreid Marital Settlement Agreement, but that it shall survive this order; 3. That the party's property and obligations shall be distributed according to the terms of said Marital Settlement Agreement; attached and incorporated by reference, are hereby approved and incorporated, merged into, and made part of this court order, and the parties are ordered to comply with all terms and conditions of saith is hereby dissolved and that they are hereby divorced; 2. That all of the terms and provisions of the Marital Settlement Agreement between the parties, dated the 1st day of May, 2004, which isal, but have not waived their rights to future modification of this Judgment. THE COURT ORDERS, ADJUDGES, AND DECREES: 1. That the marriage of the Plaintiff Mary Ellen Smith and the John William Smn are true; and 4. That the parties have voluntarily waived findings of fact, conclusions of law, a record of testimony, motion for a new trial, notice of entry of final Judgment, and right to appelly satisfied; 2. That this Court has personal jurisdiction of the parties and of the subject matter; Sample Decree of Divorce 1 3. That all of the material allegations contained in the Petitiourt, having examined the verified pleadings and heard the evidence and being fully advised in the premises finds: 1. That all necessary residency requirements and prerequisites of law have been legaperson. The Defendant, John William Smith, waived issuance, service, and return of process and appeared generally by an Appearance, Consent and Waiver duly filed and did not otherwise appear. The Coith and James John Smith ) ) ) ) ) ) ) ) ) ) Case #: ABC123 DECREE OF DIVORCE On the 6th day of July, 2004, a final hearing was held in this cause. The Plaintiff, Mary Ellen Smith, was present, in cree of Divorce In the Circuit Court for Washington County, State of Superior In re: The Marriage of Mary Ellen Smith, Plaintiff and John William Smith, Defendant And in the interest of: Alice Mary Smn mind that this is a general sample, and it may differ from the form and language used in your state. Please follow your state specific instructions when completing your Decree of Divorce. Sample Deheir hearing for divorce is calendared for July 6, 2004. The parties live in the fictional town of Centerville, in the fictional County of Washington, in the fictional State of Superior. Please keep ieparing this sample agreement, a fictional family was used. Mrs. Mary Ellen Smith is the wife and Mr. John William Smith is the husband. They filed a Marital Settlement Agreement on May 1, 2004, and the Decree of Divorce Form and instructions included in this kit. By reviewing this sample agreement, you will be able to see what a completed Decree of Divorce should look like. For the purposes of prublic/DIV/SLD/DIV-DIGEST.rtf Instructions ­ Decree of Divorce 3 Decree of Divorce Sample Information A complete sample Decree of Divorce begins on the following page. It has been assembled using tormation regarding your state's divorce laws and procedure. Use this information to ensure that your Decree of Divorce is in compliance with all applicable state laws. http://www.findlegalforms.com/pthe information contained in this section is accurate and complete; however, laws are subject to constant change. Follow the link below to our free State Law Digest for Divorce Law, which includes infature. 6. 7. 8. 9. 10. Instructions ­ Decree of Divorce 2 STATE LAW These instructions provide general guidance on completing your Decree of Divorce. Every effort has been made to assure that e the Judge changes the terms of the divorce, he or she will instruct you on what changes you need to make. Follow these instructions carefully, and resubmit the modified Judgment for the Judge's signines. The Judge will insert the date the decree is entered, and sign the Judgment, making the divorce final. Do not insert a date or name in the space provided for the Judge's entries. In the rare cassecond page. The Party who filed for divorce is the Plaintiff, and the responding party is the Defendant. Insert your name and the name of your spouse in the appropriate spaces beneath the signature lparagraph numbered six (6), and check for continuity of numbering of the remaining paragraphs. Both you and your spouse should sign the Judgment for Divorce on the lines provided at the bottom of the Marital Settlement Agreement." If neither the last name of you nor your spouse will change, remove paragraph six (6) from the section titled "The Court Orders, Adjudges, and Decrees." Remove ONLY the therefore the Plaintiff) and insert "Mary Ellen Carter" in the blank provided. The completed paragraph six will read: "That the Plaintiff's name be restored to Mary Ellen Carter as set forth in said d for divorce from her spouse, John Smith. Mary wishes that her name to revert to her maiden name, Carter. In paragraph six (6), Mary will remove the word "Defendant's" (Mary filed for divorce, and is Settlement Agreement), in paragraph six (6) insert the new full name of the spouse, and remove from the paragraph the title of the spouse whose name will remain the same. For example: Mary Smith fileh numbered five (5), and check for continuity of numbering of the remaining paragraphs. If the last name of you or your spouse will change as a result of the divorce (and is referenced in your Maritalement Agreement with this Judgment. If you and your spouse have no minor children, remove paragraph five (5) from the section titled "The Court Orders, Adjudges, and Decrees." Remove ONLY the paragrapThe Court Orders, Adjudges, and Decrees," fill in the date of your Marital Settlement Agreement was dated. For example: "On the First day of May, 2004." Be sure to include a copy of your Marital Settld to do so. 5. In the blanks on the line following "Decree of Divorce" fill in the date of your divorce hearing. For example: "On the Sixth day of July, 2004." In paragraph two of the section titled "he remainder of the document includes the actual language that the judge will use to make your divorce final. Carefully follow these instructions and do not change any of the language unless instructeorce with the court clerk, your case will be assigned a case number. Insert that number in the space provided on the right side of the caption. 2. 3. 4. Instructions ­ Decree of Divorce 1 BODY T name(s) of your minor child or children on the lines provided. If you have no minor children, remove this language and the blank lines from your document. When you file your initial complaint for dive line above "Plaintiff" and insert the name of the other spouse on the line above "Defendant." If you and your spouse have minor children, include the language "and in the interest of" and insert the Fill in the blank with the name of the judicial circuit and county in which you filed for divorce. In the section below "In re: The Marriage of" insert the name of the spouse asking for divorce on thcree of Divorce") is called the caption. The caption includes information vital to the proper filing and recordkeeping of your action, so be very careful when completing this part of your document. 1.ime of your hearing. Your judgment must then be modified and resubmitted to the court clerk for the judge's signature. CAPTION The portion of court documents above the title (here, above the line "Det of child support may be increased or decreased by the judge. If this happens, the judge will orally inform you of such a change during your hearing. Any such changes must be noted carefully at the tsign this document at the close of your court hearing. Although it is unlikely, there is a possibility that the judge may make some changes in the final version of the judgment. For example, the amounested divorce proceeding which is based on a written and signed marital settlement agreement (as yours will be), a pre-prepared final judgment is common. In the vast majority of cases, the judge will quested in the last section of your Complaint/Petition for Divorce. Although the judge will not sign this document until the end of your divorce hearing, it should be prepared in advance. In an uncontvery careful and take your time. It must be prepared to reflect exactly what you and your spouse have agreed upon in your Marital Settlement Agreement. It should also parallel exactly what you have re. a comprehensive set of instructions; a completed a sample Decree of Divorce for your reference. Instructions Decree of Divorce South Carolina GENERAL INSTRUCTIONS: As you prepare this document, be , whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of these materials. An attorney should be consulted for all serious legal mattersonsequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liabilitydLegalForms, Inc, its agents, partners, or affiliates, or ii) the providers, authors or publishers of the forms, be responsible or liable for any direct, indirect, incidental, special, exemplary, or c any express or implied warranties of merchantability, suitability or completeness for any of the materials for your particular needs. The materials are used at your own risk. In no event will: i) Finoes not provide legal advice. The purchase and use of these materials is subject to the "Disclaimers and Terms of Use" found at findlegalforms.com. These materials are provided "AS-IS." We do not giveal Settlement Agreement. In addition to a Decree of Divorce form, this kit also includes: i) ii) Disclaimer No Attorney-Client relationship is created by use of these materials. FindLegalForms, Inc. de actual terms of the divorce, and provides for important matters such as the changing of a former spouse's last name, and the terms of child custody, and division of property as detailed in the Maritce. The caption identifies the involved parties. The overview of the Judgment contains the procedural details required before a Judge will preside over the divorce. The Decree of the court contains thr marriage is officially over. The document contains the caption identifying the case and the parties, an overview of the Decree of Divorce and the Decree of the court regarding the terms of the divorInformation Decree of Divorce South Carolina Provided under agreement with copyright holder, © Nova Publishing Company 2004 Decree of Divorce is the legally binding court order that declares that you South Carolina