Legal Question in Family Law in California

In California, if both parties agree to end spousal support payments, can we do this without getting attorneys and without going to court? If so, is there a form we need to fill out and sign and submit it to the court. Neither of us has the money to hire lawyers at this time. Thank You


Asked on 1/17/11, 9:44 pm

1 Answer from Attorneys

James Chau Law Offices James Chau

There is no form involved, but yes you can terminate spousal support by agreement. You would need to file a motion to terminate spousal, or you can file a stipulation and order to terminate spousal. Your wording on the stipulation needs to be carefully crafted though, and sometimes it may not be upheld if it appears the wife does not understand what she is doing, therefore sometimes having an attorney sign off on it would make the agreement more sound and stronger to challenge at a future date. You should start at the law library on how to terminate spousal support.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

1625 The Alameda Suite 204

San Jose, CA. 95126

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com

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Answered on 1/25/11, 5:46 pm


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