Divorce Settlement Agreement Document Saved On 9-28-2023 (Recovered)

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IN THE CIRCUIT COURT OF COFFEE COUNTY

STATE OF ALABAMA

)
IN THE MATTER OF THE DISSOLUTION )
OF MARRIAGE OF )
)
Walter Lynn Livingston )
)
AND ) CASE NO. ________________
)
Benita Joyce Livingston )
)

MARITAL SETTLEMENT AGREEMENT

Walter Lynn Livingston of 2410 County Road 610, Chancellor, Alabama 36316, born January
19, 1951, and Benita Joyce Livingston of 115 Bell Street, Enterprise, Alabama 36330, born
February 26, 1951, being sworn do hereby state the following statements are true and correct and
that except as otherwise specifically stated in this Agreement, this Agreement serves as a full and
final settlement of all matters arising from the dissolution of their marriage, including division all
property rights, debts, spousal support, child custody, visitation, and child support. The parties
agree this Agreement contains a fair, just and equitable division of property and subject to court
approval agree as follows:

1. JURISDICTION. Walter Lynn Livingston and Benita Joyce Livingston have


resided in Coffee for at least six (6) months before the petition in the above-
entitled action was filed, which satisfies Alabama's residency requirements.

2. ARMED FORCES. Neither party is a member of the Armed Forces.

3. MARRIAGE DATE. The parties were married to each other on August 01, 1992
in Chancellor, Alabama and 1 child was born to this marriage. The parties do not
have any minor children.

The parties are not currently expecting any children.

4. SEPARATION DATE. The parties' date of physical separation is January 01,


2009.

5. CAUSE OF DISSOLUTION: The parties acknowledge that the marriage has


become irretrievably broken due to irreconcilable differences and they are beyond
reconciliation.
6. DISCLOSURE. The parties acknowledge that each has made a full disclosure of
all assets and debts owned jointly or individually. Nothing has been withheld and
each party believes the other has been truthful in their disclosure.

7. INCOME. Walter Lynn Livingston is currently unemployed and has no monthly


income.

Benita Joyce Livingston is currently unemployed and has no monthly income.

8. CUSTODY. The parties acknowledge that this is the home state of the children
pursuant to this state's Uniform Child Custody Jurisdiction and Enforcement Act.
The children have resided in this state for more than six months before this action
began and no other court has made a child custody determination.

9. COOPERATION. The parties agree to cooperate with one another in signing any
papers or legal documents needed to finalize this agreement or any provision
contained in this agreement, including deeds, title certificates, etc. Within 10 days
of notification of Entry of Judgment, the parties shall execute any document,
transfer papers, titles or other documents to effect the provisions of this Agreement
and any resulting Decree of Divorce. In the event a party fails to sign transfer
documents, the final Decree of Divorce shall operate to transfer title.

10. DIVISION OF ASSETS. Each party shall receive any and all, tangible and
intangible, property in his/her possession including personal items and household
goods, unless stated otherwise in this agreement.

a. Vehicles. Walter Lynn Livingston and Benita Joyce Livingston own and
agree to divide ownership of their vehicles as follows:

Make: Ford
Model: Excursion
Year: 2001
Color: Burgundy
VIN Number: 1FMNU42S21EB74829
Estimated Value: $3,000.00
Owner After Divorce: Walter Lynn Livingston

Each spouse agrees to cooperate in signing or exchanging any documents


necessary to remove their name from the title to any vehicle he or she does not
receive.

b. Other Assets. Walter Lynn Livingston and Benita Joyce Livingston own
and agree to divide the following remaining assets:
Item: _________________
Description: _________________
Current Value: $0.00
Owner After Divorce:

11. FUTURE EARNINGS AND ACQUISITIONS. All income, earnings, or other


property received or acquired by either party to this Agreement on or after the
date of execution of this Agreement shall be the sole and separate property of the
receiving or acquiring party. Each party, as of the effective date of this Agreement,
does hereby and forever waive, release, and relinquish all right, title and interest in
all such income, earnings and other property except as necessary to collect any
sums due hereunder in the event of default.

12. DEBTS. Each spouse will be responsible for any indebtedness incurred in his or
her individual name prior to the date of marriage unless otherwise specifically
stated in this agreement. Each spouse will be responsible for any indebtedness
incurred in his or her individual name subsequent to the date of separation January
01, 2009 unless otherwise specifically stated in this agreement. Each spouse will
be responsible for any indebtedness incurred in his or her individual name during
the course of the marriage unless otherwise specifically stated in this agreement.

13. SPOUSAL SUPPORT/ALIMONY. The parties agree that neither shall receive
spousal support from the other and each waives and releases any and all claim
against the other for spousal support, maintenance or alimony. The parties further
agree the Court will not retain jurisdiction of the matter of spousal support,
maintenance or alimony and this waiver, once incorporated in a final decree of
divorce, terminates any and all rights each party may have held to such support.

14. NAME CHANGE. Neither party is seeking to change their name at this time but
both reserve the right to bring an action before the court at a later date.

15. TAXES. For the purposes of determining income tax liability, the parties agree and
hereby partition all of the income, gain, loss, and deductions attributable to a party
from that party's individual labor, that party's individual efforts, or the property
awarded in this agreement to that party, as his or her sole and separate property,
as if that party had been single and unmarried from the current year through the
date of divorce.

Each party shall file a separate federal individual income tax return for the calendar
year of the divorce.

16. MUTUAL INDEMNITY. All parties agree the other parties are free of any
liability or wrongdoing. Any liability or wrongdoing is expressly denied.
Furthermore, the parties each agree that neither shall disparage the other to any
third party at any time. The parties agree that in regard to the payment of debts
and other liabilities stated in this Agreement that each shall indemnify and hold
harmless the other for the payment of same.

17. FUTURE DISPUTE SETTLEMENT. The parties agree that if any dispute,
question, disagreement, or change occurs affecting the terms of this Agreement,
they will work together to negotiate with each other in good faith, in consideration
of their mutual interest, with the purpose of reaching a solution, which is beneficial
for the parties. In the event negotiations fail, the parties agree to first seek
mediation, through a qualified mediator selected jointly by the parties. Either party
may terminate mediation at any time. In the event the dispute is not resolved, either
party may motion the Court governing this Agreement and the resulting decree of
divorce or judgment for a decision regarding the disputed matter.

18. FULL DISCLOSURE OF ASSETS AND LIABILITIES. The parties hereby


represent that they have each made full disclosure to the other party of their
individual assets. Each represents that he or she has provided the other with a
current financial statement which discloses fully and completely all of his or her
income, assets, expenses and liabilities. By executing this Agreement, the parties
represent that the terms and provisions of this Agreement are fair, just and
reasonable and are not the product of fraud, coercion or undue influence and that
each signs this Agreement freely and voluntarily.

19. ADDITIONAL DOCUMENTS. Each party agrees that he or she will sign and
execute any additional documents that could be necessary to put into effect the
intended purposes hereof. Each party shall execute, acknowledge and deliver to
the other party any and all instruments and assurances that the other party may
reasonably require or find convenient, expedient, or businesslike for the purpose of
giving full force and effect to the provisions of this Agreement, specifically including
any deeds, affidavits, tax forms or other instruments required of one party to the
other in order to pass good or merchantable title to any property owned by either
party during the marital relationship.

20. ATTORNEY'S FEES. Each party is solely responsible for paying their respective
attorney's fees and costs incurred in connection with this agreement's negotiation
and preparation through a final dissolution of the marriage. Neither party will have
any obligation whatsoever for any attorney's fees or costs incurred by the other.

21. SUBMISSION OF AGREEMENT TO COURT. The parties each agree that this
Agreement shall be submitted to the Court for a judge's approval of the terms and
entry of Judgment of Divorce.
22. BINDING AGREEMENT. This agreement shall be binding upon and shall inure
to the respective heirs of the parties and their personal representatives of their
estates.
By executing this agreement I swear that to my knowledge the information contained herein is a full
and complete disclosure and it is my intention that this Agreement is a full and final division of the
property and debts involved in this marriage and that I am satisfied with the agreement contained
herein.

Dated: __________________ ____________________________________________


Walter Lynn Livingston
2410 County Road 610
Chancellor, Alabama, 36316
334-301-9662
334-494-2140

STATE OF ALABAMA, ss:


COUNTY OF COFFEE, ss:

On this _____ day of ____________________, _____, before me,


________________________________, personally appeared Walter Lynn Livingston, known
to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument
and acknowledged that he/she executed the same as for the purposes therein contained.

In witness whereof I hereunto set my hand and


official seal.

_________________________________
Notary Public

_________________________________
Title (and Rank)

My commission expires _____________


By executing this agreement I swear that to my knowledge the information contained herein is a full
and complete disclosure and it is my intention that this agreement is a full and final division of the
property and debts involved in this marriage and that I am satisfied with the agreement contained
herein.

Dated: __________________ ____________________________________________


Benita Joyce Livingston
115 Bell Street
Enterprise, Alabama, 36330
(850) 238-1499
_________________

STATE OF ALABAMA, ss:


COUNTY OF COFFEE, ss:

On this _____ day of ____________________, _____, before me,


________________________________, personally appeared Benita Joyce Livingston, known
to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument
and acknowledged that he/she executed the same as for the purposes therein contained.

In witness whereof I hereunto set my hand and


official seal.

_________________________________
Notary Public

_________________________________
Title (and Rank)

My commission expires _____________


How to File for No-Fault Divorce in Alabama
No-fault divorces are recognized by the State of Alabama. One party must allege that the marriage
is "irretrievably broken". This is commonly known as "irreconcilable differences" and means that
the two parties no longer get along.

Residency Requirements
In order to file for divorce in Alabama one of the spouses must be a resident of Alabama for 6
months prior to filing for divorce and the divorce must be filed under the appropriate jurisdiction.
Jurisdiction is determined by the county of residence of the spouses involved in the divorce.

Fill Out your Forms


When filing for a divorce you must file certain documents as required by the Court. The State of
Alabama offers a simplified process for couples seeking a divorce with no children, no assets, no
real estate, and no joint debts. In addition, any personal property (clothing, furniture, vehicles,
bank accounts, collections, etc) owned by the parties must have already been divided. The
simplified process allows the couple to file a Divorce Complaint (Form PS-08) to request the
divorce without the necessity of the Court intervening in any disputed matters.

When the parties seeking divorce have assets, joint debts, children or other issues requiring Court
intervention or ruling the parties must start the divorce with a Petition for Divorce. This form starts
the divorce action. The Petition details the couple's eligibility for divorce in Alabama, the reason for
divorce, along with any other matters they want the court to decide.

If both parties agree to the terms of their divorce, they should complete a Divorce Settlement
Agreement. You can use Rocket Lawyer's easy interview process to complete this agreement,
which outlines the terms of the division of property, assets and debts in your divorce. Completing
this document will help you avoid the cost and time involved in going to trial but is contingent on
the parties reaching an agreement and the Court approving and accepting the agreement.

Forms to be completed:
Divorce Complaint
Answer to Complaint
Waiver and Agreement to Take Testimony
Plaintiff's Testimony - No Children and No Assets
Request for Judgment by Default-No Children and No Assets
Affidavit of Residency
Divorce Decree
Vital Statistics Form/Certificate of Divorce
Additional forms if matter involves children or support payments:
Income Withholding for Support
Income Withholding for Support Instructions
Answer Waiver and Acceptance of Service
Affidavit of Service of Withholding Order
Notice to Defendant of Withholding Support
Child Support Information Sheet
Child Support Obligation Income Statement
Child Support Guideline Form
Child Support Guideline Notice of Complaint
**Unfortunately, Alabama does not offer all forms electronically. You will need to contact your
local county court for missing forms.

Make Copies of your Forms


Once you have filled out the appropriate form, make at least two copies of each. One set will be
filed with your court clerk's office, and one should be kept for your records.

Bring your Completed Forms to your Court Clerk's Office and Pay the Fee
Proceed to your court clerk's office with the originals and copies of your forms. If everything is in
order, the clerk will use the original forms and ask you to pay a fee to file. Additional forms will be
required as the divorce proceeding works its way through the system. You will need to stay in
touch with the County Clerk to ensure no deadlines are missed.

Additional Assistance
Unfortunately the State of Alabama does not offer all forms electronically. For additional
assistance you can contact you county Clerk of Court's office to determine any additional forms
needed, the local procedures and requirements regarding divorce.

You can use Rocket Lawyer to Find a Lawyer in your area who can provide you with further
assistance in completing your divorce.

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