If you are going to settle your divorce case outside of court, you must be very careful. You do not want the judgment to be returned for a failure on the part of your divorce attorney.
California Code of Civil Procedure (“CCP”) Section 664.6 provides in part that “If parties…stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case…the court, upon motion, may enter judgment pursuant to the terms of the settlement.” This CCP section applies to family law proceedings under California Family Code Section 210. Furthermore, the California Supreme Court has determined that the term “parties” does not include a party’s attorney. In family law proceedings, California Rules of Court rule 5.116 provides that the parties must sign a stipulation for judgment.
In a divorce, the parties may enter into a marital settlement agreement. A written marital settlement agreement signed by the parties may be reduced to a judgment. However, a marital settlement agreement signed only by the parties’ attorneys cannot be entered. A judgment based upon such an agreement is voidable, and a party seeking to set aside a voidable judgment must act before the matter become final.
It is important to have an experienced divorce attorney who understands the procedures and guidelines when submitting a marital settlement agreement to be entered by the court as a judgment. Wallin & Klarich has experienced Orange County divorce attorneys who can help you. Call toll free at 888-749-7428 to speak with an attorney today.
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