When you file for divorce nothing really happens as it relates to agreements you may have with your spouse and no orders of the court exist. Unless you ask for the court to get involved, nothing other than filing of paperwork happens.
So if you need agreements or orders put in place, either during the divorce process or after the divorce (post judgment), you have two options. First, you can ask your spouse to enter into a written agreement with you. This can be drafted in what is called a “stipulation” and filed with the court. The judge will sign it and voila you have a court order.
However, if you are not in agreement the only way to get court orders is to file a motion with the court called a “request for order” This will get you in front of a judge who will hear from both sides and then make orders.
We prepare and file plenty of stipulated agreements as well as draft declarations for motions and responses to motions. But the first thing I always ask is if there is a chance you may be in agreement, as it is much easier to draft the agreement then to go to court.
A perfect example is a call I received the other day. The gentleman says, “My ex-wife filed a motion asking to increase the child support and I need to file a response.” I asked him if he was in agreement with the request and if it was possible to have them both come into the office and work it out without court. He called his ex-wife and they both agreed to come in so we could look at the numbers and write up an agreement.
Just by me asking this question, both parties ended up with a modification without the need for going to court. This isn’t always the case, but demonstrates that there are two ways to go about getting or modifying orders from the court.
If you are looking for a better way to get through your family law related matter, give us a call. Tim Blankenship is a Legal Document Assistant (LDA) specializing in California divorce. For more information about our services, please visit www.Divorce661.com or contact us for a free phone consultation at 661-281-0266.