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Status vs. Settlement Conference

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D

DNM

Guest
What is the name of your state? California


I have a status conference in July re: my divorce.
If all gets agreed upon do we still have to have a
settlement conference?
Can't we just wrap things up at the status confererence?
Thanks.
 


I AM ALWAYS LIABLE

Senior Member
My response:

Absolutely. The law always favors settlements, at any time. If you and your ex can hammer out, and sign an MSA, then all that needs to be done is to present it to the judge for final approval, and voila - - you're done.

Because public policy encourages settlements, courts generally have an obligation to accommodate litigants whose settlement hinges on some sort of judicial action, such as a stipulated judgment. [See Neary v. Regents of Univ. of Calif. (1992) 3 Cal.4th 273, 278, 10 Cal.Rptr.2d 859, 861]

So, at the Status Conference, you or your attorney will merely announce to the court the "status" of the file - - that the parties are ready to settle, and may require the fine tuning of a judicial adjustment to the MSA. The court will gladly accommodate you for that purpose by reviewing the proposed MSA - - especially since all of you are there to "sign on the dotted line."

IAAL
 
Last edited:
D

DNM

Guest
Ok, so does that mean on that day (or very soon after)
the judge signs everything off and we are divorced?

Or does this take months for "final approval"??

Thanks!
(Marin County, Ca.)
 

I AM ALWAYS LIABLE

Senior Member
DNM said:
Ok, so does that mean on that day (or very soon after)
the judge signs everything off and we are divorced?

Or does this take months for "final approval"??

Thanks!
(Marin County, Ca.)
My response:

If you're past the 6 month waiting period, and if you have an MSA already prepared and ready for judicial review, then if all goes well, the judge will either sign off on everything right then and there, or depending on his/her docket schedule, will take his/her time to review and sign everything on a later date. You'll get your final orders in the mail.

You could have bifurcated your dissolution from your property settlement; e.g., you could have been divorced prior to any final property settlement agreement. Family courts encourage bifurcation.

IAAL
 
D

DNM

Guest
Status vs. Settelment Conference

You could have bifurcated your dissolution from your property settlement; e.g., you could have been divorced prior to any final property settlement agreement. >>

Except I was told by my atty. that I would have had to pay
her medical insurance (Cobra) which is at $200/month until
*all* papers were complete.

(BTW, you have been more helpful in two posts than my own atty!!)
Thanks!
 

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