Will Judge Approve Our California Divorce Agreement With Unequal Property Division
Hi, Tim Blankenship here with divorce661.com and today we’re talking about court agreements so, let me give this to you 2 ways.
I get 2 questions, 1 is Tim what will the courts say about our agreement, meaning once we turn in our agreement what will the courts say when they review it, will they approve it, you know are they going to look at it, etcetera and the other is what will the courts say, is another way people say that.
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So 2 things, they’ll say Tim what would the courts say we need to do in this particular situation or in the alternative they’ll say this is what we want to do but what will the courts say about our agreement, so it kind of sounds like the same thing but I want to address this issue.
When you handle your case amicably, say through our service, number one if you’re in agreement you’re not going to go to court, we’re going to handle all of that for you, but the court is not going to look at your agreement.
They’re going to look and make sure it’s procedurally correct, that it was served correctly, the documents were prepared properly, all of the discovery and disclosures were done properly, you know filed and served and all of that, but at the end of the day it’s just a rubber stamp of your agreement.
So, let’s talk about 2 things, so 1st your assets and debt division. The courts do not care if you guys have an equal division of assets and debts, if you guys are in agreement. While community property laws in California state that everything is to be divided 50/50, many of our clients do a couple of things, they come up with an agreement that is fair to them and it may not be even, you know if you’re looking at asset and debt charges it’s not going to be completely even
Some people just say Tim I’m going to keep what I have, he or she is going to keep what she has and we’re just going to call it a day and you get to have that ability to make those types of decisions when your case is amicably.
So, when you’re going through a divorce in California and you’re in agreement the sky is the limit as far as the agreement that you guys want to come too. It’s going to be completely up to you guys and in fact when we submit your property division to the courts, we don’t even give the court the values, all we give them is the name of the account, asset or debt that you’re keeping and the last 4 digits of the account.
So even if the court was to have to make a decision on that, we’re not even providing them the values to be able to see if it’s fair or not, so that just further shows you that it’s not about fairness in the courts eye, it’s about fairness in you and your spouse’s eye.
Tim Blankenship divorce661.com, thanks for listening and please call us if you need assistance if with your divorce anywhere in California, talk to you soon.
