A divorce case involves countless forms and court documents that must be filled out and filed properly. Numerous deadlines and time frames must be adhered to throughout the process. A lot of your time may be spent in court hearings, mediation appointments and case evaluations. Trying to decide how to divide the property and assets obtained throughout your marriage is not an easy task. There is also the very difficult task of dealing with issues of child custody and visitation, child support, and spousal support. And, of course, surrounding all of these issues are all of the emotions that come with going through the divorce process.
Hopefully, you and your spouse will be able to reach a settlement on all of the issues involved in your divorce. You and your spouse then write the terms of your divorce agreement into a judgment packet and submit it to the court for approval. Sounds like the case is done, right? Wrong.
Many people probably do not know that even though the parties have come to an agreement regarding all the issues in their divorce case, it is up to the court to approve that agreement and finalize the case. This is done so the court can ensure that all the laws and procedures have been followed properly.
Generally, divorce agreements are preferred by the court and are usually approved. However, if the court determines that there is a problem with the divorce agreement or the case, it can reject the divorce agreement. If this happens, the court will inform the parties of the problem and give them an opportunity to correct it. Here are some of the reasons why the court may reject your divorce agreement:
1) Incomplete Paperwork and/or Procedures
As referenced earlier, a divorce case requires many documents to be filed with the court. If even one necessary document is not properly filled out and filed or one procedural step is missed, then the court could reject the divorce agreement.
2) Improper Divorce Agreement Terms
A divorce agreement is essentially a contract between you and your spouse to address all the issues in your case. The court’s job is to review this contract to make sure that all the terms are correct, and all the laws of California are being followed. If one or more of the terms of the divorce agreement are improper, the court has the responsibility to reject the agreement and inform the parties of the problems.
3) Wrongful Conduct
One of the most important duties the court has when reviewing a divorce agreement is to make sure that it was voluntarily agreed to by both parties. This means that the parties reached this agreement without fraud, undue influence, duress or mistake. Each party also has the right to review the agreement with their own attorney, before the agreement is signed, so that both sides are properly advised of what they are agreeing to.
The best way to avoid getting your divorce agreement rejected by a judge is to hire an experienced divorce lawyer who understands the proper procedures of the court.
Call the Divorce Attorneys at Wallin & Klarich Today
If you are going through a divorce, you need to speak to an experienced divorce lawyer right away. Our attorneys at Wallin & Klarich have been successfully handling divorce cases for more than 30 years. You can rely on Wallin & Klarich to obtain the best possible result in your case.
With offices in Los Angeles, Orange County, Riverside, San Bernardino, San Diego, Victorville, West Covina, Sherman Oaks and Torrance, a Wallin & Klarich divorce attorney is available to help you no matter where you work or live.
Call our offices today at (888) 749-7428 so we can started on your divorce case. We will be there when you call.