At any time during a divorce proceeding, the parties can settle a divorce. Sometimes this happens at the courthouse and is an abbreviated settlement of the entire divorce. Oftentimes this settlement is in writing, but it does not contain all of the terms of the divorce. Usually after the agreement, one attorney prepares a formal judgment. This agreement is then signed by the parties. More likely than not, the formal judgment contains additional provisions to which the parties did not previously agree. If the parties settle the case in court and then later do not agree to the items in the formal judgment, one party may file a motion to ask the court to enter the terms agreed upon in writing or in court under Code of Civil Procedure 664.6.
Code of Civil Procedure 664.6: If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.
If you need a divorce lawyer in the Orange County area to discuss a family law matter such as the enforcement of a judgment or any other dissolution issue such as child support, spousal support, custody, transmutation or property division, contact Treviño Law, Inc. Conveniently located off of the 5 and 405 freeway at Lake Forest.
Although the posting of this information can be considered free legal advice for an Orange County divorce, it does not guarantee a result. There may be other circumstances that play a significant role in any dissolution which may alter the outcome of a divorce. A divorce lawyer will be knowledgeable about the significance of facts. Those factors should be reviewed and argued by a family law attorney in Orange County.
Please note that this legal advice does not establish a family law attorney-client relationship. This is a legal advertisement for Treviño Law, Inc, an Orange County family law firm.