In some cases, a couple seeking a marriage termination enter into a separation agreement before the divorce is granted. The separation agreement serves a twofold purpose. First, the agreement governs the interests of the parties during the divorce proceedings. Second, the agreement memorializes the negotiations of the parties on major issues and provides the foundation for the ultimate divorce decree issues by the court, according to "The Complete Divorce Handbook: A Practical Guide" by Brette McWhorter Sember.
Step 1
Make at least three copies of the settlement agreement, in addition to the signed original.
Step 2
Go to the office of the clerk of the court where the divorce case is filed.
Step 3
File the original settlement agreement with the court clerk, by delivering the document to a staff member of the office.
Step 4
Request that the clerk's staff member place a file stamp and certification on the three copies. The file stamp verifies that you submitted the document to the clerk. The certification verifies that the copy is a true and correct copy of the original document. You may have to pay a fee of approximately $1 to $5 for the certification of each document.
Step 5
Deliver one of the copies of the settlement agreement to the chambers of the judge presiding in your divorce case. This appropriately is called a "chambers copy."
Step 6
Provide a copy of the settlement agreement to your spouse.
Tips and Warnings
- Consider retaining the services of an attorney to represent you in your divorce. Although filing a separation agreement prior to a divorce decree is not complicated, preparing the document in the first place and marriage dissolution proceedings generally represent complicated legal matters. The American Bar Association maintains resources to aid you in finding a lawyer for your case.
Things You'll Need
- Settlement agreement
References
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
- "The Divorce Organizer & Planner"; Brette McWhorter Sember; 2004
- American Bar Association: Section of Family Law
