Pico Rivera divorce lawyers
Clearly Explain the Basis for Your Divorce
Each state has laws that determine when individuals can get divorced. These laws lay out when a spouse has the right to request that a court dissolves their marriage. Some states allow for fault-based divorce. This is a divorce where a spouse has been abusive, cruel, or unfaithful.
All states allow for a no-fault divorce. In some states, though, it is required that the divorcing individuals live apart for a predetermined amount of time before the court dissolves their marriage.
Before getting divorced, most people have no reason to investigate these laws or understand them. However, when a person is going through the divorce process, understanding these laws is key to their success.
This is where having an experienced attorney is beneficial. The attorney will understand what the state considers to be relevant grounds for divorce. They will understand the correlation between the reason for the divorce and how the court will decide on issues like alimony, child visitation, child support, and the division of property.
A couple may have been in what they thought was a legal marriage only to discover at the time of wanting a divorce that because certain paperwork was not filed or the ceremony was not performed by a qualified individual the marriage is not legal. A lawyer can explain the benefits of opting to annul a marriage as opposed to getting a divorce.
What Is Involved in Starting a Divorce Case?
Your lawyer will want to consult with you in their office or over video conference. During that initial meeting, you may be asked several questions. It can be uncomfortable to answer some of these questions, but the lawyer needs these details in order to understand the scope of your case and to provide you with the best strategy during the divorce process.
Your attorney may ask you to fill out forms. These will help the attorney sort out certain aspects of the case that are not always obvious during the initial interview.
Your attorney should have a strategy for how they are going to approach your case. You want to discuss the strategy with your attorney in advance. Some attorneys are aggressive and take the lead. Other attorneys want their clients to work alongside them through the proceedings. You want to find an attorney who can competently handle your case, and you want your attorney to have a style and personality that you can work with.
For example, you and your spouse may be divorcing because you realize that you don’t work well as a married couple. However, you are still friends. You don’t want your attorney to aggressively bully your soon-to-be ex-spouse, but you want them to work with the other side. In this case, an aggressive attorney may act in a way that’s counterproductive.
On the other side of the coin, you and your spouse may be parting on bad terms. There may be substantial financial assets on the line or the custody of children. You know that your spouse is going to be deceitful and do whatever it takes in order to gain the advantage. In that case, you may want to have an attorney who is aggressive and able to get you what you want.
All these things will be discussed during that initial conversation. From there, you and your attorney can adjust your strategy to meet changing circumstances.
How You Can Work with Your Attorney
You are hiring your attorney to help with the legal aspects of your divorce. This does not mean that you can sit back and wash your hands of any responsibility and wait for the outcome. To the contrary, your attorney will be in constant communication with you. They may need you to provide information or address questions that arise during your case.
The attorney representing your spouse may want you to go to court or may want to depose you. You will need to attend these sessions. Your attorney is going to remind you of when you need to be present. The dates scheduled will likely be inconvenient for you. But the health of your case depends on your ability to work with your attorney.
Divorce is a process that happens in spurts and pauses. You may spend a few weeks feeling like you are constantly interacting with your attorney. Then there may be a period where relatively little happens. Patience is the key to success.
Good communication on the part of your lawyer will help you stay up to date. If you do your due diligence, you should be able to find Pico Rivera divorce lawyers who are right for you.
Can I force him to sign the settlement agreement?
In short, the answer to this question is: no, you can’t force him to sign the settlement agreement.
A settlement agreement is exactly what its name indicates: an agreement between the two parties. It means that you and your husband have agreed to the terms laid out in the settlement agreement. In order to agree to the terms, you both must be willing participants. If you must force him to sign, then he is not a willing participant.
Duress, coercion, or undue influence
In order to force someone to sign paperwork, you’d have to use duress, coercion, or undue influence to get them to sign.
Duress is the use of threats or undue force. An extreme example of duress would be if you held a gun to his head in an attempt to force him to sign. He’s left with no viable alternative other than to do what you want, so he has to sign.
Coercion or undue influence
Coercion can be very similar to duress, in that it’s usually the use of threats to get what you want. The threats can be direct or indirect, but their intention is to instill fear and convince your husband to do what you want him to do: sign the papers.
Undue influence is also very similar to coercion and duress, except that it’s often steady pressure applied over time. It’s persuasion rather than threats. This persuasion could take the form of threats, but it can also take the form of other statements that are likely to persuade someone. For example, it could be telling your husband that if he doesn’t sign the settlement agreement, the divorce will drag out, and the kids will blame him. If he signs the paperwork because he doesn’t want the kids to blame him, you’ve used undue influence.
If I can’t force him to sign, then what do I do?
You can’t force him to sign, but what you can do is talk to him. A settlement agreement is, again, exactly as its name states: an agreement. If he’s refusing to sign, then there’s something in the agreement that he does not agree to. Find out what that is, and try to compromise with him.
A settlement agreement is intended to move things along, and make the divorce easier. When the two of you can agree on an issue, it’s one less thing that the judge has to deal with, and it ensures that you and your husband are both happy with the outcome on that issue.
But it’s also important to remember that not everything must be agreed to for the divorce to proceed. The settlement agreement should show the things you can agree on, but doesn’t have to include every last potential issue. If there are items that you can’t agree on, you can go to mediation or ask the judge to make the final decision for you.
Emotions run high in a divorce, and frustration can boil over and make you want to do things that you shouldn’t. A lawyer can help keep things calm, and keep you and your husband on track and calmly discussing the issues in your settlement agreement. They can also advise you when it’s time to let the judge decide.