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Below is a list of the most common customer questions. If you can’t find an answer to your question, please don’t hesitate to reach out to us.
A motion to enforce a settlement agreement is where we are asking a court to enforce the terms of a settlement to make the defendant do what the defendant promised when it settled. A case gets settled, and sometimes we don't have the settlement agreement already finalized.
A motion is a legal action your divorce attorney uses in order to get your particular issue into a courtroom and in front of a judge. For instance, once you file your original petition for divorce your attorney may file a motion with the court requesting an order for temporary child support.
A motion to enforce a settlement agreement is where we are asking a court to enforce the terms of a settlement to make the defendant do what the defendant promised when it settled. A case gets settled, and sometimes we don't have the settlement agreement already finalized.
File your motion. Take your originals and copies to the clerk's office of the court that issued your divorce decree and file your motion to modify. The clerk will stamp your originals and copies “filed” with the date after you pay the filing fee, usually around $100.
The judge makes the decision in the divorce case on the issue of spousal support by going through the Family Code 4320 factors. Once again, testimony is taken and evidence is presented on each of the factors. The focus is on the marital standard of living.
If it is truly an uncontested divorce and you and your spouse agree upon all property/debt and support issues the court will accept your agreement and issue a judgement of dissolution of marriage accordingly.
Each judge has her/his own habits, and it's difficult to speak to the speed of a judge outside my personal experience. But as a general rule, you can expect a decision in this type of matter in anywhere from 2 weeks to 3 months.
When you file your motion, the court clerk will insert the date, time, and place of the hearing on your motion. You must then serve (mail) a copy of your filed motion (including all exhibits and the date, time, and place of hearing) to all other parties in the case.
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