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[CA] My wife and I are getting a divorce. What documents should I have her sign releasing her parenting rights and alimony?

CA Divorce

My wife and I are getting a divorce. She says I can have our 4-year-old child. What documents should I have her sign releasing her parenting rights and agreeing not to come after me for alimony?

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Elizabeth
Elizabeth

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You could construct what’s called a Marital Settlement Agreement (MSA) — it’s essentially a contract that becomes part of your final divorce decree.

Here’s a California example you can look at: Stanislaus County MSA Addendum

That document outlines agreements about:

  • Custody and visitation
  • Child support (if any)
  • Spousal support (alimony)
  • Division of property

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California Marital Settlement Agreement

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My wife and I are getting a divorce. She says I can have our 4-year-old child. What documents should I have her sign releasing her parenting rights and agreeing not to come after me for alimony?

Lexi

Lexi, Chatbot

I understand this must be a difficult time for you. Have you and your wife discussed custody and alimony arrangements with the help of a family lawyer?

Yes, please.

Lexi

Lexi, Chatbot

Have you considered creating a formal parenting plan outlining custody arrangements for your child?

I don’t know.

Lexi

Lexi, Chatbot

Is there anything else the family lawyer should know before I connect you? Rest assured they’ll be able to help with custody arrangements.

No.

Elizabeth

Elizabeth

Hi there! My name is Liz, and I’ve been an attorney for more than a decade. I’m here to assist with your legal concerns. To best help — in what state are you divorcing?

California. We were married in the Philippines.

We’ve been married for almost 6 years.

Elizabeth

Elizabeth

Thank you for clarifying that. Have you formed any settlement agreement yet?

Nothing as of right now — she just wants to go back to the Philippines, and I can have the baby.

Elizabeth

Elizabeth

A settlement agreement can be a good step since it sets the terms of the divorce.

You can review California’s instructions and forms here.

Although, if she leaves without signing anything, you could still request full custody through the divorce.

Is there a document I can create for her to sign to release custody and alimony?

Elizabeth

Elizabeth

You could construct what’s called a Marital Settlement Agreement (MSA) — it’s essentially a contract that becomes part of your final divorce decree.

Here’s a California example you can look at: Stanislaus County MSA Addendum

That document outlines agreements about:

  • Custody and visitation
  • Child support (if any)
  • Spousal support (alimony)
  • Division of property

I’m sorry, could you break that down in simple terms?

Elizabeth

Elizabeth

When you get divorced, the court issues a final judgment called a divorce decree.

That decree officially ends your marriage and lists everything that was agreed on — including who gets custody of your child, how property is divided, and whether anyone owes alimony.

If you and your wife already agree on everything, you can write it all down in a settlement agreement.

  • You both sign it.
  • Then you submit it to the court with your divorce paperwork.
  • The judge reviews it and, if everything looks good, makes it part of your final divorce decree.

That’s the legal and safest way for her to agree to give you custody and waive alimony.

Elizabeth

Elizabeth

40,904 satisfied customers

Elizabeth
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