What to know
Separation agreements
A separation agreement records how spouses will handle their finances, property, debts and children while they live apart. Some couples use it as a step toward divorce; others use it to live separately while staying legally married for personal, religious or insurance reasons.
States treat separation differently. Some recognize a formal legal separation granted by a court, some require a period of living apart before a divorce can be granted, and a few do not recognize legal separation at all. A written agreement is useful in each case, but how it is enforced depends on your state.
Divorce settlements
In an uncontested divorce, spouses who agree on the terms submit a settlement to the court. The agreement typically covers division of property and debts, spousal support, and, when there are children, custody, parenting time and child support. Courts review provisions about children independently and can reject terms that do not serve the child's best interests.
Many courts publish their own forms and require financial disclosure statements, so check local requirements before filing.
Parenting arrangements
A visitation schedule sets out when children spend time with each parent, including weekends, holidays, school breaks and transportation. The more specific the schedule, the less there is to argue about later. Child support amounts in every state are calculated using guidelines, and parents usually cannot waive support that a child is entitled to.
Transferring the family home
If one spouse keeps the house, the other often signs a quitclaim deed to remove their name from the title. Removing a name from the deed does not remove that person from the mortgage; refinancing or a lender release is usually needed for that.
Getting support
Separation is emotionally and financially demanding. Many courts offer self-help centers and mediation programs, and some require parents to attend a parenting class. Even when spouses agree on most terms, having each person's own lawyer review the final agreement can prevent problems from surfacing years later.