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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 Judgement 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.
Most divorcing couples, whether in a traditional or common law marriage, will need the help of a qualified MSA Family Law Attorney to ensure the marital settlement agreement is fair, and that nothing important is left out of this important document. The California marital settlement agreement attorneys at Evans Law strongly advocate for their clients’ positions while giving their clients an honest legal perspective. Contact Evans Law today for a free consultation.
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