What are the alternatives to conducting a Divorce or Custody Trial?
For financial issues concerning property, support, or attorney fees, a trial is completely avoided by the development and negotiation of a thoughtful, knowing, and intelligent settlement following a complete disclosure of all relevant financial information required to fulfill your fiduciary duties. The negotiated terms are then incorporated into your Marital Settlement Agreement and Judgment of Dissolution of Marriage or a post-judgment Stipulation and Order.
For custodial issues, a trial is completely avoided by negotiating a custodial agreement of the parties which covers all legal and physical custody issues in dispute. The agreement should cover all the needs of the child including a holiday and vacation schedule and exchange times. It frequently covers school selection, the child’s extracurricular activities, and work related daycare issues. The agreement may also cover safety issues and restrictions as well as religious and medical needs. The court may require a custodial agreement to cover statutory prerequisites such as parental kidnapping prevention, a jurisdictional agreement that California is the child’s home state for purposes of the Uniform Child Custody Jurisdiction Enforcement Act and provisions concerning punishment for failure to follow the terms of the order.
The Sacramento divorce attorneys at Hughes Law Group can help with settlement negotiations. Decisions should be based on your needs, your goals, the admissible evidence available, and appropriate legal standards. An enforceable settlement avoids both the cost and the risks associated with a trial.
Schedule a consultation with us today to take the first step forward in achieving peace of mind with your situation. We are here to help.
