Practice Areas
Orange County Marital Settlement Agreements Lawyer
Divorce does involve the termination of marriage, but also involves many agreements and compromises which occur throughout the process. Divorces are much easier to work through if spouses agree to remain civil with one another. However, this is often not the case in divorce proceedings, and even marital settlement agreements can become difficult to draft. If you are in the process of seeking a divorce, do not hesitate to contact an experienced marital settlement agreements attorney in Orange County.
What is a Marital Settlement Agreement
The marital settlement agreement is the pivotal source of any divorce agreement and involves all the important facets of a divorce. A marital settlement agreement includes the following agreements:
- Child custody agreement
- Child support agreement
- Spousal support agreement
- Division of property
Reaching a marital settlement agreement involves months of work by all parties. Many couples opt for mediation and collaborative law agreements in which they draft a marital agreement on their own, with the assistance of their attorneys. Spouses can be as involved as they wish when drafting a marital settlement agreement. They may allow their divorce attorneys to take the lead in drafting, or they may draft the entire document on their own
On the other hand, spouses who can no longer get along often opt for court rulings. These cases typically follow statutory norms for all types of agreements. California law provides very detailed guidelines for child custody arrangements, child support arrangements, spousal support arrangement, and alimony agreements. Therefore, if you wish to agree to an amount outside of the statutory norms, it is worthwhile to attempt to agree with your spouse on other issues so you will not have to go to court for the marital settlement agreement. Regardless of the way in which the marital settlement agreement is drafted, both spouses must agree to the outcome and must sign the final document.
Once the marital settlement agreement is signed, it must be filed with the court. Thereafter, the agreement becomes a legally enforceable document. As a result, if your former spouse violates any of the terms, such as child custody terms or child support payments, you will be able to turn to this document in order to enforce the provisions you agreed to. If your former spouse refuses to abide by the terms of the agreement, you will be able to bring legal actions against them.
Boyd Law | Orange County Marital Settlement Agreements Law
If you are going through the process of divorce and beginning to think about drafting a marital settlement agreement, contact our Orange County family lawyers. Our legal team has years of experience in drafting marital settlement agreements and in assisting couples to reach an understanding and agreement on their own. Our Child support attorneys in Orange County understand that these agreements are simply the first step in a lengthy divorce agreement and will guide your next motions throughout the process. Contact our Orange County office today for your initial free consultation.