The typical separation agreement, or a stipulation of settlement resolving a divorce should state whether the agreement is to survive the judgment of divorce as a separate contract, or whether it should be merged and incorporated into the judgment of divorce thus allowing for modification similar to a court order. Where it Does Not Matter Your decision will have no effect on the issue of custody and visitation because these issues can be modified until a child reaches the age of 18.The court will base its decision upon whether there is a change of circumstances that render it in the child's best interest to modify the custody and/or visitation provisions.2) Child Support - If the agreement on divorce merges into the judgment, then the court may modify that support upward or downward when a change of circumstances may warrant modification.
If you purchase our combination package you receive both the MSA and your divorce forms. The requirement of an MSA varies from state to state, as well as among counties and courthouses.
If they are unable to provide an answer, you can review the divorce laws in your state via a web search. What is a Marital Separation and Property Settlement Agreement?
A marital separation agreement, also known as a property settlement agreement, is a written contract dividing your property, spelling out your rights, and settling problems such as alimony and custody.
Your decision will also have no effect on the issue of distribution of assets.
The Court will not modify the terms of distribution.