Upon first meeting with a client I am often asked if their divorce or child custody matter must be litigated in court. Honestly, there is no easy answer to this question. There are many factors that determine the course that a divorce case travels. Often the situation is dependent upon the other party and there is only so much the client can do to affect their soon to be ex’s behavior.
I have met many clients who insist that they have a judge make a ruling on every aspect of their family law matter. They want an order for custody and they want an order for spousal support and child support. Some clients do not understand that they can obtain an order from the court without appearing in a courtroom. As a family law attorney in San Diego, I explain to clients that they and the other party can stipulate to certain aspects of their case. In other words, they can reach agreement on days and times they each spend time with their children without having a judge design a court ordered parenting plan for them. They can also stipulate and agree to the amount of support they either pay or receive.
Should the parties reach agreement, I or the other party/attorney can draft a stipulated order that contains the terms of the agreement, which is then submitted to the court. Should a judge approve the factors involved in the agreement, it then becomes a court order. This is a good way to stay out of court and make the divorce or child custody case run smoother.
Of ‘course, as I discussed above, not every case or every issue in a family law matter can be solved with stipulated agreements. There are many factors involved in family law cases and everyone’s matter is different. What is important to remember is that not every aspect of a divorce or child custody matter must be litigated in court.
To inquire further about more specifics of child custody and divorce consult with a local family law attorney who can discuss this process as it relates to your specific situation. In San Diego, contact the Law Offices of Brian A. Victor for more information. www.brianvictorlaw.com
