Marital Settlement Agreements
Helping Clients Reduce the Stress of Divorce
The divorce process is never an easy thing to go through — even in states like California that don’t require fault to be placed at any one party. In many cases, the ending of a marriage results in drawn-out litigation that’s costly and stressful for everyone. This is particularly heartbreaking in instances where children are involved. However, this doesn’t have to be how your divorce plays out. It’s possible to reach a divorce agreement that accounts for everyone’s best interests, and this can be done outside of a courtroom. A marital settlement agreement lawyer in Los Angeles can help in this process.
At Kim Mediation and Law Center, we understand that litigation is the only option in some situations. Unfortunately, it’s frequently the default option for far too many people. You don’t have to let a judge you’ve never met make the most important decisions in your life. When you establish an attorney-client relationship with our law firm, we can help draft a written agreement that settles all your divorce issues and is likely to be approved by California courts. Don’t waste time and money — or your mental well-being — by jumping straight into litigation. Call or contact us today for a free consultation to learn all your options.
What Are Marital Settlement Agreements?
Marital settlement agreements are contracts entered into by two parties of a divorce. It is a written agreement that dictates what will happen to real property, assets, and other possessions. Issues like child support, custody, and spousal support (i.e., alimony) are typically also included. California is a no-fault divorce state, so it’s not necessary for individuals to prove who was at fault for the dissolution of their marriage. This means that even the most complex issues can be handled between two parties in a marital settlement agreement. You might also hear the terms “divorce property settlement agreement” and “property settlement agreement.” These are just different ways to say, “marital settlement agreement.”
Once two soon-to-be-former partners create a divorce agreement, it must be submitted to the courts to receive a final divorce decree. When drafted properly, the court will typically approve the agreement so everyone can move on with their lives. If simple mistakes are made or certain provisions of the contract violate statutory requirements, the court may decline the marital settlement agreement. What should be a straightforward process can quickly become time-consuming, frustrating, and unnecessarily complicated. Working with an experienced Los Angeles marital settlement agreement attorney at Kim Mediation and Law Center can help you avoid these challenges and ensure your agreement is prepared accurately and efficiently.
What Issues Can a Marital Settlement Agreement Cover?
In some cases, a marital settlement agreement can be relatively straightforward. For example, if the parties have no children, few assets, and similar financial circumstances, they may be able to resolve their divorce quickly. Likewise, more complex cases can also be resolved efficiently when both parties are willing to reach agreement on all outstanding issues.
Regardless of whether your case is simple or elaborate, your divorce agreement may involve the following settlement types:
These are the main issues typically covered in marital settlement agreements, but any form of community property and debt will also need to be covered. If you can agree on these and other pressing issues, your divorce case can conclude without a judge issuing a court order you may have no control over. Even if it seems like there’s no hope coming to an agreement over some disagreements, you’d be surprised what a family law attorney in Los Angeles can do in your situation. Don’t hesitate to speak with a divorce attorney with family law experience today.
How Can a Family Law Attorney Help?
A family law attorney can assist you throughout the divorce process in a variety of ways. If litigation becomes necessary, your attorney will advocate for your interests and work to achieve the best possible outcome. However, not every divorce requires an adversarial court battle.
An experienced family law attorney can also help you negotiate and finalize a marital settlement agreement, allowing you to resolve your divorce more efficiently and with less conflict. If you and your spouse have already reached an agreement, an attorney can ensure that it is properly drafted, legally enforceable, and accurately reflects your intentions. If there are still issues to resolve, an attorney trained in mediation and Collaborative Divorce can facilitate productive discussions and help you reach a fair and mutually acceptable resolution.
One of the best aspects of taking a cooperative approach is that your sensitive or confidential information can stay out of the public eye. Everything that happens at trial is a matter of public record. This means that — if one spouse decides to air “dirty laundry” to get sole legal custody — that information will be available for anyone to see. This can be especially frustrating because many of the issues parties believe will influence the outcome at trial ultimately have little or no legal significance.
What About the Attorney-Client Relationship?
If you are considering a marital settlement agreement, you may wonder whether you need an attorney to represent only your individual interests. In some situations, independent legal counsel is advisable. However, it is not always necessary.
If you and your spouse have already reached an agreement on the major issues, an attorney can prepare your marital settlement agreement, ensure it complies with applicable law, and file the necessary documents with the court. In this role, the attorney’s purpose is to accurately memorialize the agreement the two of you have already reached.
Similarly, if you choose mediation, a family law attorney serving as a mediator can help both parties understand the legal issues, facilitate productive discussions, and keep negotiations respectful and focused on resolution. Once an agreement is reached, the attorney can prepare the required legal documents for submission to the court.
Even if mediation does not resolve every issue, reaching agreement on some matters can significantly reduce the time, expense, and stress associated with the divorce process. If additional legal guidance becomes necessary, consulting with a collaboratively trained attorney or an experienced attorney with mediation can help you continue working toward a resolution while avoiding much of the conflict and expense often associated with traditional litigation.
Contact a Marital Settlement Agreement Lawyer in Los Angeles Today
Even if a married couple’s divorce seems simple, straightforward, and amenable, there are several complex issues involved. If you’re not careful, your final divorce decree may look nothing like what you agreed upon. California is very stringent when it comes to these contracts — because when done improperly, parties can experience negative repercussions that last a lifetime.
At Kim Mediation and Law Center, we understand the stress that the divorce process can place on those involved. That’s why our goal is to help simplify the process by enabling a cooperative approach to separation. Whether your divorce agreement only involves property settlements or the situation is more complex due to child support and custody issues, we can assist you in navigating tumultuous legal waters and moving on with your life. Call or contact us today to schedule a free consultation. Divorce is hard no matter what, but a marital settlement agreement attorney in Los Angeles can help.
