How To Write An Agreement For Divorce
If you and your spouse have not been able to reach an agreement on a divorce plan, you can decide – with the help of your lawyers or mediators, if you use it – to refer the contentious matter to a judge at a preliminary conference. This type of conference normally takes place in the judge`s chambers. While the word «divorce often evokes images of spouses arguing in the courtroom,» the reality is that most divorce cases are resolved outside. This is due to the fact that the spouses are able to conclude a transaction agreement that will deal with all relevant issues in their specific case. If you and your spouse can agree on all the terms of your divorce, you can submit your transaction contract to the court. If the court finds that your consent is fair and in accordance with California law, the judge may simply approve the agreement and include those conditions in your final divorce judgment. Now it`s time to talk about money and who owns what assets and debts. Some will be common or «marital,» others will be personal or «separated.» In general, everything that belonged to or was owed to a spouse before the marriage remains his or her own separate fortune or debt. Everything that was acquired with marital funds during the marriage is marital property, even if only one spouse used the object.
Only marital property and liabilities are subject to divorce. (Of course, the distinction is more complicated than that; read «Marital Property vs. Separate Property in Divorce» for more information.) In this section, you take into account everything you own/owe, and then detail who will be the owner/debtor after a judge has accepted the agreement. Error-free divorce is the easiest way if you are able to reach agreement on heritage, maintenance and child care issues. If there is any problem that could be disputed with divorce, such as the unacceptable behaviour of one of the spouses, the choice of debt may be the best idea, as it will help determine things like the division of common ownership, the determination of legal and physical custody for all common children and the amount of the expected living allowance. Even if you have written your own transaction contract, it is important that a lawyer verify it before submitting it to the court. A lawyer can identify potential issues that you can address before submitting, save resources and avoid delays in your divorce process. You can write a countdown yourself, but it is not recommended to do so.
All of this – among other things – can lead a judge to reject your transaction agreement, and you cannot conclude your divorce until you have resolved all the issues.