Do we have to go to court if we cannot reach a divorce settlement? 5 Answers as of March 28, 2011

My husband has filed for divorce. We are going uncontested. I've had a settlement shown to me, but I do not agree with it. If I don't agree with the divorce settlement and he is unwilling to change the terms of the settlement, do we have to go to court?

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Goldberg Jones
Goldberg Jones | Zephyr Hill
Yes. You need a judgment to finish your case and you can get that by Marital Settlement Agreement or at trial. Make sure he does not Default you. File your Response to his filing and seek the help of an attorney.
Answer Applies to: California
Replied: 3/28/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
It is good that you refused to sign a settlement agreement that you felt was unfair to you. You should interview and consult experienced family law attorneys in an effort to find an attorney you feel confident in, and retain that attorney. Your attorney may be more successful in negotiating a fair resolution, and if unable to do so, to perform whatever discovery is necessary to prepare your case for trial.
Answer Applies to: California
Replied: 3/28/2011
Michael Apicella
Michael Apicella | Apicella Law and Mediation
Yes. Only two ways to resolve any divorce issue: 1. agreement, 2. judge's order. As for attempts to reach an agreement, if you and your husband can't reach agreements on all terms amongst yourselves, then you could both attend a private mediation. At mediation, you will be on neutral turf with a mediator who is trained to help both parties understand their rights/options, and hopefully find some middle ground that makes sense for both parties (including the notion that avoiding litigation saves both parties stress, time, and legal fees). If you'd like more info on mediation, feel free to call my office. Good luck!
Answer Applies to: California
Replied: 3/28/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
There are only two ways to settle a case (when a response has been filed): by agreement or by trial. You are not obligated to agree to what he presents to you, however if you have not already done so, I strongly suggest filing a Response to avoid a default being entered against you. If you are in my area and are looking for an attorney to assist you, please contact me for a free consultation.
Answer Applies to: California
Replied: 3/28/2011
Diana K. Zilko, Attorney at Law
Diana K. Zilko, Attorney at Law | Diana K. Zilko
Yes. If the parties cannot reach an agreement, the court will decide how things will be done.
Answer Applies to: California
Replied: 3/28/2011
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