One of the most important aspects of any resolution of marital cases in California is the conclusion of the case in which the family court makes decisions. Whether a judge makes a judgment in your case after a trial or if you make a written agreement to resolve your case, the terms of that judgment will be absolutely decisive in your life. You want to make sure that your divorce decision contains the most favourable conditions for you and your children. There are several advantages to divorcing. It allows both spouses to reach an agreement with which they can both live. An agreed divorce is quicker and less costly than a controversial divorce. Controversial divorces can cost tens of thousands of dollars in divorce lawyer fees. Controversial divorces can take six months or more. A mandatory divorce can only last 30 days. An agreed divorce is half the cost of a controversial divorce. Agreed divorces are a great way to get your spouse to accept divorce. By stripping the divorce papers and inserting a settlement letter, we did two important things. We force the other spouse to take action and give them the opportunity to negotiate the terms of the divorce.
They can fight or negotiate. But there`s nothing they can do. You can file a petition with the court to have the court compel the other party to cooperate. Assuming that one party agreed to make personal property available to the other party, it did not actually comply with that agreement. You can file a motion in court seeking sanctions against that party and an order requiring that party to make the property available at some point. We do not have the trouble to conceive of an undisputed divorce. The other spouse won`t sign. There is no response time for an undisputed divorce application. The other spouse doesn`t need to sign it, ever. Instead, we submit a disputed divorce and serve the documents to the other spouse. With the filing of a disputed divorce, the other spouse has only 21 days to respond or we can apply for a delay.
If they don`t respond in 21 days, we file a standard divorce order. The divorce is over. You can apply to the court asking for sanctions against the other party for breach of the terms of the contract. While you can make generous arrangements for children under a marriage contract and try to decide on issues of care and visitation, you cannot limit or omit your obligation to assist your minor children. Custody, home visit and child support issues are still being considered by the courts and New York law requires the court to determine what is in the best interests of the child. It takes two spouses to get an undisputed divorce. So how can we divorce our client without wasting time and money to go to a judge? We use a mandatory divorce.