Visalia, CA asked in Child Support, Divorce and Family Law for California

Q: married 23 yrs and lived apart 10 after dv case but reconciled but continued to live apart spousal support still option

Herecievedlarge settlement in p.i. Case this year and required my signature to receive it and promised 25,000.00 for signing can I take it to court for verbal agreement only

2 Lawyer Answers
James L. Arrasmith
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A: You may have options to enforce the verbal agreement regarding the $25,000. Verbal agreements can be legally binding in California, especially if there is evidence to support that both parties agreed to the terms and you relied on this promise. If there are witnesses, written communications, or any actions that show you were promised this amount in exchange for your signature, that could help your case.

However, enforcing a verbal agreement can be challenging because it's often a "he said, she said" situation. The court will look at the circumstances surrounding the agreement, the relationship between the parties, and whether there is enough proof to believe a contract existed. Your consistent living apart after reconciliation could also affect the interpretation of the agreement and other financial rights, like spousal support.

It might be helpful to gather any evidence you have and consider discussing your situation with a legal professional. They can give you more detailed guidance based on the specifics of your case and help you understand what you may be entitled to under California law. Taking this step can clarify your next move and whether pursuing this in court is worth it.

A: It's difficult to prove the existence of a verbal agreement. Further, you have been separated for 10 years. When did the injury occur that gave rise to the lawsuit and later settlement? The settlement may be separate property to which you are not entitled to any share. Reconciliation may likewise be difficult to prove. You have an uphill battle here. I recommend you retain an attorney.

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