Family Law Questions? Ask a Family Lawyer Online.
My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.
If you and your spouse must reach an agreement and commit it to writing if you want to divorce by consent. This agreement is usually referred to as a marital settlement agreement, but in some states, it is called a property settlement agreement. By any name, it is a comprehensive document that details a complete resolution of your marriage. If you have children, it must address custody, child support, visitation, medical insurance and unreimbursed medical expenses. If one of you will pay alimony or spousal support to the other, your agreement should state how much and for how long – otherwise, it should waive this provision. You must divide all your property between you, as well as responsibility for marital debts.
A settlement agreement is a binding contract after you and your spouse sign it, but it cannot actually divorce you. You must take an additional step to have your agreement approved by the court and converted to a court order. In Arizona, you must file your agreement as a Stipulation to File Consent Decree, which, if approved, the court will attach to a decree of dissolution. Once the judge reviews it, if he grants the order, he will then sign it. This acts as proving all of the terms which are contained in an agreement. It will only be overruled if the judge sees a glaring inequity contained within the agreement. So while this is binding, it is not official until the Judge grants it. So right now it is not an official court order and alimony would not be paid until it i and the divorce would not be final until that time.
Please let me know if you have any further questions and please positively rate my answer if satisfied.
I see you reviewed my answer, please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated for my time by the site. There should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic. I want you to be satisfied so I will continue to answer any questions you may have and I thank you in advance for completing this extra step as it will not cost you any additional money.
Any chance for a positive rating?