12Law Arrow 12Law Arrow  Easy Questions  
12Law Arrow 12Law Arrow Instant Legal Documents
 
 
FINANCIAL & MARITAL

Cohabitation Agreement coming soon!
Separation Agreement coming soon!
No-Fault Divorce coming soon!
Bankruptcy coming soon!
 
 

FAQs about Divorce Settlement Agreements in Ava, NY

FAQs about Divorce Settlement Agreements in Ava, NY


Divorce isn't such a tragedy. A tragedy's staying in an unhappy marriage, teaching your children the wrong things about love. Nobody ever died of divorce.
 
- Jennifer Weiner


All divorces end with a legally approved divorce settlement agreement. The judge who approves the divorce must be satisfied that the divorce settlement agreement is equitable to both parties in the divorce.

What is a divorce agreement?

In an uncontested divorce, a husband and wife can create their own divorce settlement agreement by mutual consent. Divorce settlement agreements can be complex, so read on to learn about some common questions relating to creating your settlement. A divorce settlement agreement is a contract voluntarily entered into between a husband and a wife in which they agree to resolve such matters as property division, debts, child custody, child support, visitation, debt, alimony, insurance, tax, and settlement of any property issues when they end their marriage to each other. It must be signed by both parties and approved by a judge. Each family is unique and so there are often unique issues that may arise. Some couples may use the divorce settlement agreement to address exceptional issues like who will take care of the family's pet or the religious practice that the children would follow. It is always best to be fair and open minded when negotiating a settlement agreement. Try to keep the children's best interests at heart and to set aside any emotions and feelings of disappointment or betrayal.

Do both spouses have to agree to divorce?

No, both spouses do not have to agree with a divorce to get one. You can get a divorce when your spouse refuses to contest or even sign the papers. Every location has their own specific rules as to how to get a divorce when the spouse doesn't respond or sign. So be sure to ask the courthouse in which you are filing the paperwork. Divorces often become contentious. If one spouse is not cooperating or is trying to avoid the divorce, the process may stretch out for a long time. Resisting spouses may refuse to sign the necessary divorce papers or fail to respond to a request for a divorce. Some states will allow the divorce to proceed "uncontested," while others allow the spouse asking for the divorce to obtain a default divorce. The easiest type of divorce is an uncontested divorce, which means both spouses have filed the necessary paperwork and agree to all divorce-related issues, such as alimony (spousal support), child custody and support and the division of property and debts. In these cases, you can present your divorce settlement agreement to the court, where a judge will review the agreement; issue orders based on that agreement, and grant you a divorce. If the agreement involves child support and custody terms, judges will check to make sure your parenting agreement and the child support amount is in the best interests of the child and meets state guidelines.

Do we really need to agree to a divorce settlement agreement?

No, if the divorcing parties do not agree, the court will decide an equitable settlement. Negotiating a mutually agreed to divorce settlement agreement can help to amicably resolve issues like debts, children, support claims, or property involved, and a written agreement defines the legal rights and responsibilities of each spouse. A divorce settlement agreement will usually facilitate a quick and easy divorce by reducing the conflict, expense and time.

We've only been married a short time; can we just get an annulment?

An annulment is not a divorce involving a short marriage. It is a declaration that no valid marriage ever existed, such as when there are roadblock to marriage being valid (e.g. one party was already married or drunk or insane at the time of the marriage ceremony). If the marriage is valid, the only way to end it is with a divorce. A divorce settlement agreement may be helpful in expediting a divorce, so you can each get on with your lives.

Is a prenuptial agreement and a divorce settlement agreement the same?

No, a prenuptial agreement is created and signed before the wedding takes place and this contract will run through the course of the marriage. This document is made in order to protect the assets of one or both spouses during a divorce. A divorce settlement agreement negotiated and signed when a marriage is ending in divorce. The presence of a prenuptial agreement might provide one party with negotiating leverage and influence the terms of a divorce settlement agreement.

Does a divorce settlement agreement need to have a court hearing?

Yes, a legal divorce is a civil court order that ends a marriage and allows the court to issue orders concerning division of property, spousal support (alimony), and visitation and custody for any minor children. A pre-negotiated divorce settlement agreement can be presented in a court hearing that will formally process it by asking questions to the couple. The evidence and testimony gathered will be taken into consideration and grant some portions of their wishes stated in the final divorce decree. If no other issues arise from the divorce and it is agreed upon amicably, the judge will most likely grant the request and make it a part of the divorce order.

What does a divorce settlement agreement address?

A divorce settlement agreement can address issues pertaining but not limited to alimony, child custody, and issues on child support, visitation, property, debt, pensions, tax filing and insurance. These are the agreements that you and your spouse have come up with that will be put into writing.

Do I need a lawyer for a divorce settlement agreement?

Only the husband and wife can determine if they prefer to handle their personal affairs like divorce, support and custody and property settlement by themselves or to get the advice and expense of legal representation. Sometimes, the presence of lawyers can escalate the ongoing conflict, and run up legal fees and increase acrimony. A legal divorce can be made without a lawyer in many states.Check out the free preview of an uncontested divorce agreement at 12Law. Lawyers can offer advice on how to handle matters pertaining to the rules of divorce procedure. They might be familiar with the judge who will handle your case and know the best approach. They can also advise their client on how to best present themselves in court that can result in a productive process and better outcome of the divorce proceedings. If you decide to forgo a lawyer, you can find fast, easy and affordable solutions at 12Law.

Where can I find examples of divorce agreements?

12Law offers a free preview of a divorce agreement, so you can see what the final product will look like before you make a purchase decision.

Does a divorce settlement agreement make divorce easier?

Yes, a divorce settlement agreement can make divorce easier because it can lessen the tensions and arguments that usually accompany the end of a marriage. It can also encourage both spouses to work together to find a positive outcome for both parties and their children. Sometimes, this results in couples seeking to work out their differences and give the marriage one more shot. Judges sometime encourage couples to try to work out their differences in court. With or without divorce agreements, many marriages end with divorces that are not contentious. 12Law offers fast, easy and affordable solutions for both divorce agreements and divorce papers.

Why should we use a divorce agreement? Do we have to?

If no divorce settlement agreement is made, the court will do its duty in performing a hearing to address issue such as debt, alimony, child custody, support, visitation rights, taxes, insurance, etc. This can consume a lot of time and money. Having a divorce settlement agreement can make the work of the court faster, easier and less expensive. A freely negotiated agreement can specify terms that the judge may not. After all, you know more of the relationship than the judge does.

What kind of terms do you mean?

Terms may include the amount and duration of support payments or which spouse gets custody of children and what the visitation rights are for the non-custodial parents. Use logic legal reasons when negotiating for the terms that you want. You can use a lawyer to help make your case and to argue it, but hiring a lawyer can be expensive. Either way, check out the free preview at 12Law to get some ideas about the terms you would like to negotiate.
 
Personalize & Print a Free NY Last Will Create This Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
Page 9
Page 10
 
Personalize & Print a Free NY Living Will Create This Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
Related Legal Services near Ava, NY
Bosman and Associates Pll
1 Executive Centre Dr
Albany, NY 12203
(518) 464-9958
General Practice Attorneys, Legal Service Plans, Attorneys
Kizner Gail Ann
32 Union Sq E # 612
New York, NY 10003
(212) 330-9808
Attorneys, Legal Service Plans
The Hinds Firm
546 E 42nd St
Brooklyn, NY 11203
(718) 473-9767
Attorneys, Personal Injury Law Attorneys, Landlord & Tenant Attorneys, Criminal Law Attorneys, Immig
R J Brown Planning
723 James St
Syracuse, NY 13203
(315) 234-9703
Real Estate Attorneys, Attorneys
Bantle & Levy LLP
817 Broadway # 6
New York, NY 10003
(212) 228-9666
Attorneys, Legal Service Plans
Preve Kristin M
237 Main St
Buffalo, NY 14203
(716) 853-9555
Attorneys, Legal Service Plans
Mahnoush Deilami Law
3188 38th St
Astoria, NY 11103
(646) 561-9525
Immigration Law Attorneys
Carey Beth E
1 Columbia Cir
Albany, NY 12203
(518) 869-9500
Probate Law Attorneys, Attorneys
Ganz Wolkenbreit Friedman LLP
1 Columbia Cirste 2
Albany, NY 12203
(518) 869-9500
Legal Service Plans, Business Litigation Attorneys, Collection Law Attorneys, General Practice Attor
Beck Liebman Petrone PC
399 Knollwood Rd Ste 311
White Plains, NY 10603
(914) 285-9500
General Practice Attorneys, Attorneys, Legal Service Plans
International Institute
767 Maple St
Brooklyn, NY 11203
(347) 461-9305
Immigration Law Attorneys, Attorneys, Immigration & Naturalization Consultants, Legal Service Plans
Dolan Mark J
296 Washington Avenue Ext
Albany, NY 12203
(518) 862-9292
General Practice Attorneys, Attorneys
Brousseau, Shawn F - Napierski Vandenburgh & Napier
296 Washington Avenue Ext
Albany, NY 12203
(518) 862-9292
Attorneys, Legal Service Plans
Lever & Stolzenberg, LLP
303 Old Tarrytown Rd
White Plains, NY 10603
(877) 288-9191
Personal Injury Law Attorneys,  Attorneys,  Labor & Employment Law Attorneys,  Insurance Attorneys,
RCF Is US
89 5th Ave
New York, NY 10003
(212) 206-9099
Corporation & Partnership Law Attorneys, Attorneys, Business Law Attorneys
Meyers Richard M
1734 Western AVE
Albany, NY 12203
(518) 464-9075
General Practice Attorneys, Attorneys
Fredman Neil A
250 North Rd
White Plains, NY 10603
(914) 997-9070
General Practice Attorneys, Attorneys, Legal Service Plans
Kasdon James E
112 E 19th St
New York, NY 10003
(212) 777-8887
General Practice Attorneys, Attorneys
Smith, Murphy & Shoepperle, Atty
295 Main St
Buffalo, NY 14203
(716) 262-8871
Attorneys,  Transportation Law Attorneys,  Civil Litigation & Trial Law Attorneys,  Personal Injury
Brooks, Stephen P Smith Murphy & Schoepperle
295 Main St # 786
Buffalo, NY 14203
(716) 262-8871
Attorneys, Legal Service Plans, Transportation Law Attorneys, Personal Injury Law Attorneys, Civil L
Dettmer Frederick R
340 Corlies Ave
Pelham, NY 10803
(914) 738-8782
Attorneys, Legal Service Plans
Simon Eisenberg & Baum, LLP
24 Union Sq E Fl 5th
New York, NY 10003
(212) 353-8700
Attorneys, Labor & Employment Law Attorneys, Corporation & Partnership Law Attorneys, Employee Benef
K Dean Hubbard Jr
113 University Pl
New York, NY 10003
(212) 473-8700
Attorneys
Deilami Boutique Law Firm
3188 38th street
Astoria, NY 11103
(646) 363-8684
Immigration Law Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US