Divorce can be a complicated and emotional process, and it’s important to understand the legal terminology involved. Two terms that often come up in divorce proceedings are “marital settlement agreement” and “divorce decree.” While they may sound similar, they have distinct meanings and implications. In this article, we’ll explore the differences between these two legal documents and what they mean for you.
Marital Settlement Agreement vs. Divorce Decree
A marital settlement agreement (MSA) is a legal document that outlines the terms of a divorce settlement. It is a contract between the two parties that covers issues such as property division, spousal support, child custody, and child support. The MSA is typically negotiated between the spouses and their attorneys, and it must be approved by a judge before it becomes legally binding.
A divorce decree, on the other hand, is the final order issued by a judge that officially ends the marriage. It includes all of the terms of the MSA, as well as any additional orders related to the divorce, such as the division of retirement accounts or the payment of attorney fees. Once the divorce decree is issued, the marriage is legally dissolved, and both parties are free to remarry.
It’s important to note that a marital settlement agreement does not mean you are divorced. Only a divorce decree can grant that status. If you have a signed MSA but have not yet obtained a divorce decree, you are still legally married.
The Uncontested Divorce Process
In some cases, spouses are able to reach a settlement agreement without going to court. This is known as an uncontested divorce. In an uncontested divorce, the spouses work together to negotiate the terms of their divorce settlement, and then submit the MSA to the court for approval. If the judge approves the agreement, a divorcedecree will be issued, and the divorce will be finalized.
The uncontested divorce process can be quicker and less expensive than a contested divorce, where the spouses cannot agree on the terms of their settlement and must go to court. However, it’s important to make sure that the terms of the MSA are fair and reasonable, as once it’s approved by the court, it becomes legally binding.
Enforcing the Marital Settlement Agreement and Divorce Decree
Once a marital settlement agreement and divorce decree are in place, both parties are legally obligated to follow the terms outlined in the documents. If one party fails to comply with the agreement or decree, the other party can take legal action to enforce it.
If you have a court order in place and your former spouse is not complying with it, you may need to file a motion with the court to enforce the order. The court can then take action to compel compliance, such as ordering the delinquent party to pay penalties or even face jail time.
Modifying the Marital Settlement Agreement and Divorce Decree
In some cases, circumstances may change after a settlement agreement or divorce decree has been issued, making it necessary to modify the terms of the agreement. For example, if one party loses their job and can no longer afford to pay child support, they may need to seek a modification of the agreement.
To modify a settlement agreement or divorce decree, the requesting party must filea motion with the court and provide evidence of the changed circumstances. The court will then review the evidence and decide whether to approve the modification.
It’s important to note that modifying a settlement agreement or divorce decree can be a complex and time-consuming process. It’s best to consult with an experienced family law attorney to ensure that your rights and interests are protected.
Final words
In conclusion, understanding the difference between a marital settlement agreement and a divorce decree is crucial when going through a divorce. The MSA is a contract between the parties that outlines the terms of the settlement, while the divorce decree is the final order issued by the court that officially ends the marriage.
It’s important to ensure that the terms of the MSA are fair and reasonable, and to consult with an attorney if you need to modify the agreement or decree. By understanding these legal documents, you can navigate the divorce process with confidence and ensure that your rights are protected.
