Family - Settlement Agreements
Pursuing an uncontested divorce can be a wise move, but doing so without legal counsel may mean foregoing certain entitlements under the Divorce Code. Peters | Brunicardi helps individuals and couples draft out-of-court agreements that will stand up in court and avoid future disputes.
We are divorce lawyers practicing in the greater Sarasota area and the counties of Manatee, Charlotte, and Desoto. If you are looking to finalize your divorce without litigation, we can help you put your tentative agreement in writing and make sure that all your bases are covered.
Sometimes divorcing parties start off in court and realize they don't want to be there. At any stage of the process, you can avoid or stop litigation and resolve your divorce through written agreements:
- Marital settlement agreement (MSA) — This spells out all facets of child custody and visitation, child support, spousal support and disposition of marital assets.
- Property settlement agreement (PSA) — Addressing the home, retirement assets, marital property and marital debts.
- Qualified domestic relations order (QDRO) — Dividing the combined pensions, 401(k), IRA and other qualified retirement savings. If you do not have children, a PSA may be all you need to get divorced. If you have children, you will need to present a full MSA to the court.
Many people want to draft their own settlement agreements. You are not required to hire an attorney. However, if you do not word it correctly, the other party may come back at a future date with claims against your property.
Sometimes couples think they have an agreement, only to discover that they have unresolved disputes. Settlement agreements must be complete or the court will not accept it unless you agree on every detail. This is another reason to have your documents drafted or reviewed by a competent family law lawyer.