San Diego Marital Settlement Agreement Attorney

A marital settlement agreement, also referred to as a stipulated judgment, allows a divorcing couple to mutually agree on the division of community assets, debts, child custody and visitation, spousal support, pension division, healthcare insurance, and other important matters. Upon execution, the agreement is incorporated into the final judgment and  submitted to the court for the judge’s approval.  If you need help preparing a marital settlement agreement, or need an attorney to review the agreement with you and provide legal advice, contact San Diego Esquire for a consultation. Read on to learn more about marital settlement agreements.

Benefits of Marital Settlement Agreement

The petitioner’s attorney usually prepares the marital settlement agreement. The respondent and his/her attorney will have the opportunity to review the agreement and request revisions. In Pro Per litigants should meet with an attorney to review his/her marital settlement agreement before signing. Mutually agreeing to settle divorce disputes allow parties to maintain control over the divorce process and avoid going to court. A marital settlement agreement allows parties to execute an agreement in which the court could not order. For example, an marital settlement agreement allows parties to do the following:

  • Divide property in which one spouse keeps the family residence  while the other spouse retains all of his/her retirement
  • Divide property in which one spouse receives more than 50% of the total value
  • Each party choose which debt he/she will take
  • The parties can agree to a lump sum spousal support payment instead of monthly payments
  • Child support can be ordered above or below the statutory guideline

A key benefit of a marital settlement agreement is control. Not only do you get to choose how your divorce issues will be resolved, you will save thousands of dollars in attorney fees by doing so. Litigation is costly and most parties are often disappointed with the results. If you are serious about settling your divorce outside of court, consider using our mediation service.

When negotiating a marital settlement agreement, each spouse must act in the highest good faith and fair dealing and not take advantage of the other party.  Contact San Diego Esquire for more information about our marital settlement agreement legal service.

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