Settlement of Issues in an Uncontested Divorce
MISTAKES IN PAPERWORK FOR UNCONTESTED DIVORCE WHEN SUBMITTING TO COURT
Often spouses submit the divorce judgment, which has errors or omits certain information. They do not realize that the Court will simply return these papers and will not process them until the judgment or other papers are corrected. Most spouses are shocked and panic, going on the internet to do hopeless research.
The Law Offices of Keith F. Carr will prevent these problems from happening in the first place. Attorney Carr will draft and review the documentation in an uncontested divorce to make sure it meets all legal requirements and will be approved by the Superior Court. Attorney Carr will then monitor the court’s staff to make sure the divorce judgment is signed and processed by the court.
Spouses seeking an uncontested divorce must prepare a marital settlement agreement (among other documents) which agreement represents the spouses’ agreement on the issues of the uncontested divorce. The parties may agree, for example, on a waiver of alimony or on the division of community property.
In California, there are legal requirements that the agreement must meet. Certain rights in the uncontested divorce must be specified or waived in the marital settlement agreement. The marital settlement agreement must be executed in a certain way to even be effective. If the spouses make mistakes in the marital settlement agreement or do not sign it properly, the Court will return the agreement.
WHAT IF THE PARTIES CANNOT AGREE?
Often the parties hit a roadblock in settling their uncontested divorce. This is due to differences they may have on various issues in the divorce, child support, custody, community property, alimony.
If the parties hire a document preparer, they will be hopelessly deadlocked. A document preparer may prepare the paperwork for an uncontested divorce, but if the parties cannot agree on the issues, that document preparer cannot give legal advice to resolve their differences in the uncontested divorce.
Typically, each spouse will then seek the advice of an attorney if they are unable to agree and litigation, with its attendant high cost, ensues. This problem can be eliminated, however, if the Law Offices of Keith F. Carr prepares the marital settlement agreement and other documents in an uncontested divorce. If a dispute arises, then Attorney Keith F. Carr can mediate and resolve the conflict (with the consent of each spouse) immediately and definitively. The uncontested divorce will be back on track and the parties saved from further litigation, court delays, and most importantly, attorneys fees. Read more about what we charge for an uncontested divorce.
CONTACT US FOR YOUR LEGAL ANALYSIS
Attorney Keith F. Carr offers a confidential, in-depth legal analysis of your divorce issues. Visit Divorce Evaluation and Analysis page.