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Marital Settlement Agreements

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divorce agreement

Marital Settlement Agreements

There are two ways that divorce or legal separation cases typically end: either the disputes are resolved at trial where a judge decides all the issues or a Marital Settlement Agreement (MSA) is reached between the parties. At Fair Cadora, we are upfront with our clients about which option will best fit their specific needs. Our attorneys have the skills and experience necessary to handle every aspect of your Marital Settlement Agreement.

Our San Diego divorce attorneys provide representation and guidance in the following areas:

Enforcing the orders made by the court is crucial to ensuring your rights are protected. Enforcement can range from wage garnishments, levies, liens, forced sales of property to judicial determinations and contempt. In the event that a contempt action is filed, the penalties can range from fines to jail time and can have long term consequences. If a party decides to ignore a court order, a contempt action might be required to remedy the situation.

You can be held in contempt if you:

  • Division of property & high-asset divorces
  • Division of retirements, pensions, and other investments
  • Business valuations and division
  • Division of debts
  • Child custody and visitation schedules
  • Child support & spousal support (alimony)
  • Vocational evaluations
  • Income available for support analysis

Trial Should Be Your Last Option

In general, one attorney will draw up the Marital Settlement Agreement once the issues have been decided. The agreement will then go to the opposing party’s attorney for review and any necessary revisions. If an agreement cannot be agreed upon, your case may need to go to trial and be presented before a family law judge. Going to trial can be extremely expensive and emotionally draining. It is also often unnecessary. The vast majority of divorce and legal separation cases settle at some stage of the process before reaching the courtroom. An attorney that can negotiate on your behalf and protect your interest can assist you with resolving your case quickly and economically.

Experienced, Professional, Confident

At Fair Cadora, we have negotiated and drafted hundreds of divorce and family law settlement agreements and can guide you through the process. Let one of our experienced family law attorneys draft your agreement and negotiate terms with opposing counsel on your behalf. Divorce is already a difficult process to undergo, but you don’t have to go through this alone. Our compassionate legal team is here to assist you in your time of need.

Schedule a Consultation with One of Our Expert San Diego Marital Settlement and Agreements Attorneys

A legal separation may begin as a temporary separation, but can be a foundation for your divorce settlement if you or your spouse decide to go forward with a divorce later. At Fair Cadora, we understand just how complex this process can be on your emotional well-being. With over twenty years of combined experience, our family law attorneys can help you come to a decision that you can feel confident about. If you’re facing a legal separation issue and not sure where to start, contact one of our experienced San Diego divorce and family law attorneys to schedule a consultation.

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Request Case Evaluation

At Fair Cadora, we understand that family law cases can be overwhelming and stressful. The attorney you choose can make or break your case. That’s why we offer a paid strategy session to all potential clients. We want you to have the chance to connect with us and gain your trust, while receiving valuable advice and insight about your situation. During a strategy session, we will review the details of your case and provide you with an honest assessment of your legal options. The quality of our work and advice during a strategy session will allow you to make an informed decision about the next steps in your case and assess if it feels like a fit for us to work together. The first step is to request a case evaluation.

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A woman shaking hands with a man at a desk.
filing divorce papers

Frequently Asked Questions

A Marital Settlement Agreement is a legally binding document that outlines the terms and conditions of a divorce or legal separation in California. It covers key issues such as property division, spousal support, child custody, and visitation.

Property division in California follows community property laws, where assets acquired during the marriage are generally split equally. However, the MSA allows couples to negotiate and customize the distribution based on their specific circumstances.

Modifying a Marital Settlement Agreement can be challenging, but it’s not impossible. Changes are usually allowed if both parties agree or if there’s a significant change in circumstances in connection with child custody or support orders. Seeking legal advice is crucial to navigating the modification process.

Yes! We routinely consult for clients engaged in mediation, including reviewing, revising, and advising on any recommended changes to draft Marital Settlement Agreements.

Child custody arrangements, including legal and physical custody, are addressed in the Marital Settlement Agreement. Parents can work together to create a parenting plan that suits their family’s needs, detailing visitation schedules, decision-making authority, and other relevant aspects of co-parenting.