Legal Question in Family Law in California
California spousal support with separation agreement
In California, when an uncontested divorce is filed, and there is a marital separation agreement stating that both parties wave alimony, does the judge (as a matter of practice) still consider income and years of marriage, etc and possibly still award alimony, or as a matter of practice, does the judge honor the agreement?
1 Answer from Attorneys
Re: California spousal support with separation agreement
The court will accept or reject the Marital Settlement Agreement in the court's own discretion. If the parties are not represented by attorneys the judge may set a hearing to make a determination that it is fair. If both parties have attorneys it would increase the chances that the agreement would be approved. Good Luck, Pat McCrary
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