A marital settlement agreement spells out the terms of the divorce and the relationship between the two spouses after the divorce. These agreements usually cover property division, child custody and child plans, debt division, spousal support, and any other relevant issues related to the divorce.

Although not required, filing a marital settlement agreement has many advantages. First, because it lays out all of the agreements in writing, there are no ambiguities. Second, the spouses will probably never have to go to court because the judge will most likely honor the written agreement if written correctly and if it covers all material aspects of the divorce. Third, it shows the court that the issues were thought out, and the case will move more quickly through the system.

Marital settlement agreements can be entered into at any time before the final judgment. They are typically filed with the final judgment. If a spouse is receiving welfare, the District Attorney's office may need to review and sign the marital settlement before it is filed with the court.

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