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Divorce

been married for 27 year's .8 month's ago my husband committed adultery and he moved to fresno.Now he want's a divorce i don't I've been a stay at home mom for 22 year's no job skill's.He's been paying spousal support i asked for him to pay off my car we owe about 17 thousand on the car he said no it would be cheaper for him to go to court and i will only get 35% of he's salary net is about 784.00 a week in the bay area ca gross is $1050.00 a week.He will be paying my court fee's and he's. He filed for petition.if we come to agreement and i don't file my response what will the court do.Thank's for the advice.

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Attorney answers (1)

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This is not legal advice nor is it intended to create an attorney-client relationship.

You can come to an agreement without filing a response and the court will accept it, assuming the proper forms are filed. It will require that the judgment that you sign have your notarized signature since you will not be making an appearance. A few words of caution, however: Allowing a case to go by "default" (no response) can be easier to "set aside", or change/attack later on. Another concern is that if there is a need to modify or make any change to the agreement, say, for example, increase or decrease spousal support, to make such a request, you will have to pay the then current rate for the second filing fee. And history shows that the filing fees only go up.

Before signing any agreement, and preferably during your negotiations as well, you should have an attorney advising you. This will help you in making informed decisions. As your goal is to resolve out of court, I recommend that you find someone who is either mediation or collaboratively trained and, best case scenario, has dedicated their legal practice to such processes. You will improve your chances at a successful resolution by retaining such a person. Even if it is just someone to review your agreement and advise you accordingly, you will be far better off than going it alone.

Best of luck to you both.
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