Common Questions about Divorce Settlements

orange county divorce attorney; The Maggio Law FirmGoing through a divorce is tough.  Most divorces happen with one of the spouse pushing for the divorce while the other one is looking to avoid it and ultimately, albeit reluctantly agreeing to the process. The most important decision in a divorce is deciding whether to get a divorce or not, but the second most important question is how to settle a divorce.

When you are looking to settle an Orange County divorce case, there are a number of questions that need to be answered. Here are a few of these questions and the answers to these questions.

Question 1: Is there a set time frame to respond to a settlement offer?

Answer: Settlement offers are usually an attempt by the other spouses to settle the Orange County divorce case out of court. A settlement notice is usually sent through a divorce lawyer’s office. As far as the time line or deadline is concerned, there is no deadline to the settlement offer; you can take as much time as you want to deliberate on its facts, demands and provisions.

Question 2: Should I sign off on my retirement benefits entitlement if financial matters were reserved for a later date?

Answer: If you are unaware of the financial situation clearly and cannot make out the intricacies, it is best that you wait before signing off on anything.

Question 3: What if we are unable to reach a settlement? Will we go to trial in court?

Answer: This is very common; most spouses that are looking to get a divorce are often unable to reach a settlement between them. In such a case, once the settlement discussions fail, both of the spouses will have to go to court and participate in a trial, where the final decision resists on the hands of the judge.

Question 4: What happens at a settlement conference?

Answer: A settlement conference as the name suggests has something to do with settlement of the divorce case. It is basically a conference where both the spouses are given chance to work things out and to find a middle ground to proceed ahead of their divorce. Simply put a meeting to negotiate and discuss the issues held between two spouses and their Orange County divorce lawyers.

Question 5: Is a settlement hearing necessary?

Answer: No, there are two ways to do this. You can either stipulation along with the proposed order that has been agreed between the two spouses or you can simply turn up in court on the date of your case and stipulate your agreement on the record.

divorce_attorneyGerald A. Maggio is an experienced Orange County divorce lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.