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I have a MSC for my divorce coming up in two weeks. I have not filed a brief package because I was not aware of such package.

Riverside, CA |

I went to the court house last Wednesday, the paralegal in there told me I was supposed to attend a mandatory workshop and turn in a brief package. I was not aware of any of this due to ending my contract with the lawyer who was handling my case weeks ago. However, since the other party and I have no assets, no spousal support dispute, the child support has been set, pretty much nothing to argue about, other than visitation (We have a daughter. We agreed on me moving with our daughter out state. He wants full summer, I want half and half since he will have all other school breaks) The court paralegal said we could both settle at our conference since my ex has not filed a brief package either and our case could be done right then and there if we reach an agreement. Is this possible?

Attorney Answers 5


  1. Best answer

    I agree with my coleagues that it is POSSIBLE to settle a case in a MSC. Since neither of you have much to discuss other than the visitation schedule, it is very likely that this matter could be settled. In Riverside, if neither parties are represented or even if one is unrepresented, the courts offer a voluntary mediation session where both parties sit with a volunteer attorney and try to come to some sort of settlement agreement. So, ask the court for that. Good luck.

    The aforementioned information does not create an attorney-client agreement. It is intended for informational purpose only.


  2. Yes it is possible to do this and if the two of you can discuss settlement, then by all means get it done. Sometimes the court will have a settlement officer available to assist you.


  3. It is possible, I have settled many cases during the MSC conference especially if your county court provides you with experienced mediators.

    This response will not create an attorney-client relationship between you and Sarieh Law Offices, and is not intended to serve as a legal advice in your specific circumstances. This response is a legal opinion based solely on facts represented and you should not rely on this legal opinion as a legal advice. You still need to consult an attorney directly to fully protect your legal rights.


  4. Each party should file a settlement conference statement in advance of their settlement conference. Not only is it required, but it is extremely helpful to the Court and the parties in working out a settlement. In any case, at your settlement conference, you will have an opportunity to meet in the hope of reaching a full agreement which you should then be able to recite on the record. If you don't reach an agreement, the judge may help guide you, but will not make orders over your objection if you disagree.

    Good luck settling your case. Hope this helps.

    Please be advised that this answer in no way constitutes legal advice, and is only intended to guide you in determining an appropriate direction for individualized legal consultation and/or representation. This answer should not be relied on, as each legal matter, and the appropriate course of action, is entirely dependent on the specific facts of your particular case. You are encouraged to seek the advice and guidance of a respected and experienced attorney practicing in your community to assist you. Please be advised that this answer does not create an attorney-client relationship and these communications are neither privileged nor confidential.


  5. I agree with my colleagues. It is definitely possible to settle at the MSC. Most courts have mediators or court officers to facilitate this process. It is in your best interest to settle this matter amicably otherwise the judge could enter an order that neither of you like.

    This response will not create an attorney-client relationship between you and The Law Office of Anthony Munoz, and is not intended to serve as a legal advice in your specific circumstances. This response is a legal opinion based solely on facts represented and you should not rely on this legal opinion as a legal advice. You still need to consult an attorney directly to fully protect your legal rights.

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