There are some divorces that begin with both parties to it desiring a civil and cost-effective solution. No one wants to face years in a courtroom and exorbitant legal fees, as exhausting these options could lead to a diminishment of the estate and leave everyone in a position of loss. One strategy to avoid this result is the marital settlement agreement, and anyone who is looking for a solution to their marital problems should seek the help of San Diego divorce lawyers who have handled this process many times.
What is a Marital Settlement Agreement?
Basically, a marital settlement agreement is similar to the settling of any other type of case where money and assets are involved. The parties to a divorce negotiate the terms of their dissolution, and in doing so they decide how to divide the marital estate, they resolve any child-related issues such as custody and support and they hash out any other situations that could arise such as spousal support, health insurance coverage and retirement assets. If the process is handled smoothly and an agreement is reached, the parties simply need to present this agreement to the court for approval, and the costs and the pain of litigating the divorce are avoided.
Complicated Issues that Can Arise
Unfortunately, even if the parties to a divorce have every desire to work it out as peacefully as possible, legitimate questions could arise involving the estate. For instance, if one of the parties is an owner in a business and is entitled to proceeds if that business is sold, that ownership right may need to be valued so that it can be included in the marital settlement agreement.
In addition to the complicated nature of some intangible assets such as the one mentioned above, there are also questions that arise regarding whether something is a marital asset and subject to division. This is where these situations can become difficult, as there are several different laws that help to answer these questions.
Even if you and your spouse want to work out your divorce together and avoid litigation, you still need the help of San Diego divorce attorneys to help you through this process. Their work can include helping you understand what assets are subject to division and can help place a value on intangible assets while helping you negotiate the marital settlement agreement.
If you find yourself in this position, seek the help of the San Diego divorce lawyers at the Law Offices of James D. Scott today by contacting the firm to schedule an initial consultation.
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