Legal Question in Family Law in California
What does this mean when stated in divorce papers? "the court finds each party waives his/her right to move for a new trial, to appeal, and to request a statement of decision"? Is this implying that he can NEVER take me back to court in regards to our divorce settlement agreement?
1 Answer from Attorneys
No. It means you can't ask for a trial, or file an appeal, or ask for a decision from the court, because you are settling the case by agreement. If either of you breaches the agreement, of course the other can go back to court to enforce it. If either of you is later found to have committed fraud, the other can go back and have the settlement reversed. If there is property that was not divided in the settlement, you can go back and ask for a division of the omitted property. If you have kids, custody and/or child support can be taken back to court whenever there is a material change in circumstances. Spousal support may or may not be able to be taken back to court depending on the terms of the settlement and the judgment.