San Diego Divorce Lawyer BlogWhen you are going through a divorce, there are many things you have to weigh, both from a strategic and a personal point of view. One of these decisions is whether or not to pursue a contested divorce. If you are interested in pursuing your divorce as an uncontested case, there are several steps. One way to achieve an uncontested divorce is to resolve all of your issues and put down your agreed-upon terms in a stipulation for judgment. It is important to ensure that both sides are genuinely in agreement on the terms, however, since a court can refuse to enter a stipulation for judgment if the judge concludes that one spouse used undue influence or duress to secure the other spouse’s agreement to the stipulation. That’s what happened in a recent case that originated in Los Angeles County and was decided recently by the Second District Court of Appeal.
Articles Posted in Stipulated Judgment
California Court Reviews Ex-Wife’s Action To Vacate Divorce Judgment Based on Fraud
A helpful way to reduce the length of a divorce proceeding is for the parties to agree on and stipulate to some of the significant issues to be resolved. Such a stipulation may address matters such as property division, spousal support, and child support, among many other items. While it is not always possible for the separating spouses to reach an agreement on all major issues, the ability to enter into a stipulated divorce judgment will likely result in a more acceptable and less costly process. To help ensure that you are doing everything in your power to reach a mutually satisfactory agreement, you are encouraged to consult with an experienced family law attorney from the local San Diego area.
It is extremely important for the spouses to be forthcoming and honest about the issues addressed by any stipulation. Engaging in dishonest behavior or fraud during the divorce proceedings may serve to invalidate your stipulated judgment and all that it contains. In a recent California divorce case, the ex-wife brought an action to vacate the stipulated divorce judgment — eight years after it was entered by the court. According to the facts, the couple got married in 1974 and separated in 2004. At that time, their two children were adults. In August 2005, the parties reached a settlement, resulting in a formal stipulated judgment that determined the division of property, among other things.
California Court Upholds Stipulated Divorce Judgment and Sanctions
Under California law, courts are authorized to “bifurcate” or divide a divorce case into two parts. The first phase would address the status of the marriage (i.e., granting a judgment of divorce as to status only), and the second would tackle and resolve the remaining issues. Often, the outstanding matters are stickier and more complex, giving rise to disagreements between the spouses, thereby extending the process. But there are many ways to reduce the length and expense of a divorce case. An efficient and amicable divorce is in the best interests of all the parties involved. Separating spouses will save time, money, and emotional heartache if they are able to work out some of the more difficult issues to be resolved. One of the best ways to approach the legal intricacies of divorce is to consult with an experienced family law attorney who will work to protect your interests while moving the case along as swiftly as possible.
Parties who wish to proactively resolve issues surrounding their divorce may consider preparing a stipulated judgment. The stipulation (or agreement) may address the “status only” of the parties’ marriage, or it may also include matters of property division, child support and custody, and spousal support, among other things. In a recent California case, the couple signed a stipulated judgment dissolving their marriage. While the stipulation addressed the status only, it also contained language indicating that the couple planned to prepare another stipulation covering a myriad of other unresolved issues in their divorce.
California Court Upholds Contested Stipulated Judgment in Divorce Action
A stipulated judgment is used in many different kinds of court actions. Essentially, it is an agreement between the parties to settle a case. In a divorce proceeding, spouses who are able to agree on all the matters surrounding their separation can submit a stipulated judgment to the court. In order to be effective, the agreement must be signed by both spouses. The stipulation typically identifies the parties’ agreements about the division of property and debts, child and spousal support, and child custody and visitation. If you are considering a divorce, it is important to understand the legal and practical ramifications of entering into a stipulated judgment with your spouse. You are encouraged to contact a local San Diego family law attorney who will be able to answer any questions you may have.
In a recent California divorce case, the parties disputed the appropriate terms of the stipulated “global” settlement. Here, the couple got married in 1980 and separated in 2010. Husband filed for divorce that same year, and a court granted a “status only” judgment in November 2012. This means that, although the couple was officially divorced, the court had yet to resolve the attendant issues of property division and other related items. The parties reached an agreement covering the division of their assets after spending nearly a month in the trial court. At issue in this case was the disposition of more than one million shares of stock.