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The divorce process varies from case to case depending on a wide range of factors. To obtain a divorce judgment in Santa Clara County the parties have to work through a number of required steps. First which court is the proper location to file a case. The issue of venue is determined based on the party or their spouse having been a resident of California for 6 months and the county for 3 months prior to filing the case. The divorce judgment will not issue until 6 months from the date the other party is served. Divorces are either contested or uncontested. The uncontested divorce is either mediated or has terms that are agreeable to both parties. The true default case can also be classified as uncontested. Whether navigating the court’s requirements in an uncontested or contested case, having a family law attorney complete the divorce is going to ensure the best possible outcome.
Here at Evans Law Offices our attorneys work closely with our clients in the divorce to divide assets, complete litigated and uncontested discovery, work through child custody issues from uncontested or mediated to trial issues to include move-away and domestic violence cases. Our family law attorney are experienced working on every aspect of the case to include child custody, support, domestic violence, high net worth individuals, pre and post nuptial agreements and contested property division to include credits and reimbursement claims.
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 complex property division, child custody, child plans, debt division, spousal support and any other relevant issues related to the divorce. An experienced Santa Clara County, Monterey County or Sacramento County marital settlement agreement lawyer can help you with any of the issues listed above.
A marital settlement agreement can be very beneficial to the parties involved because instead of fighting battles in court they are working together and with their divorce attorney saving time, money and heartache. Additionally, because the terms of the divorce have been pre-arranged by the parties there is only need for one court appearance. The marital settlement agreement provides the parties with a vehicle to reach an amicable settlement in lieu of further litigation.
Mediation is often where the couple, along with their Santa Clara County, Monterey County or Sacramento County, will draft their marital settlement agreement incorporating each of the respective terms and conditions. Once the parties have reached an agreement the divorce is settled by the Final Judgment of Divorce by the court. If the parties are unable to come to an agreement of the settlement, then further litigation will ensue and the divorce case will likely move toward a contested final hearing where the court will decide and adjudicate the rights of the parties.
In determining property issues at arbitration or trial, a California family court judge will usually consider the following:
Marital settlement agreements include property division. It is always better for a couple to reach their own property settlement agreement, without going to trial. The other choice is to have the solution to your property disputes imposed by a judge, who may not share your views about division of property.
The difficulty of your divorce will depend on how long you have been married, how complicated your finances are, and if you have minor children. Having a marital settlement agreement already underway is a great way to move the divorce process forward a few steps, which will save both of you a lot of time and money.
We serve clients throughout Northern California. To schedule a free consultation with bankruptcy or family law lawyer at our firm, call (408) 298-8910 or (831) 998-8144 or (916) 995-2750 contact us by email. Evening and weekend appointments are available upon request.
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