Q: My husband and I are filing for a dissolution and I was wondering how much say the court has on the terms already made
We have a very civil relationship and would hate for the court to ruin that by forcing action we don't want.
A:
Typically not much especially if you are both represented by counsel. So long as the agreement appears fair on its face and it doesn't appear that there was any undue influence, the Court should approve it.
Congrats on wanting to maintain that civil relationship!
1 user found this answer helpful
A:
The Courts usually defer to the parties as long as there as been full disclosure and the agreement appears fair on its face. The Court, however, will not approve agreements that contain provisions that are contrary to law. If both side are represented by an attorney, the Court will generally presume that the parties have received advice about the terms of the agreement and will approve the agreement even if it different than what the Court would likely have ordered. If one side is not represented and the agreement appears grossly unfair, the Court will generally direct the unrepresented party to seek legal counsel.
Please remember that in a dissolution the attorney, not matter how congenial, is representing only one party.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
