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What is cooling off period in California regarding a settlement agreement in a divorce

Whittier, CA |
Filed under: Divorce

it has been over a month and i have not received any copies of agreement and acknowledgement of divorce finality

Attorney Answers 4

Posted

Your question is unclear. It has been over a month since what? Since you signed the agreement? Since you signed a stipulated judgment and the judicial council form judgment paperwork? Or just over a month since an agreement was reached? I divorce is not final until the judgment package is filed with the court then signed by the judge and notice of entry of judgment filed. Once parties reach a settlement it is then memorialized into a written agreement; either a marital settlement agreement or a stipulated judgment. The stipulated judgment and other forms are then then filed with the court. After that it can take up to 3 months (sometimes longer), for the judge to sign the judgment and notice of entry of judgment.

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Posted

What do you mean cooling off period. There is no such thing. If you signed the agreement and it was made a court order, then that is it. There are no changes or no "takes backs". You are committed to what you agreed to. If you have not signed an agreement, then there is no agreement. Until you sign something, you are not committed. Once you sign it you are committed. It's that simple.

Michael Schwerin, San Jose, California phone: 408-295-4232 email: schwerin@ix.netcom.com. Consultation fees, rates and retainers vary based on need and ability to pay.

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Asker

Posted

what would be reason for one of the parties not receiving a copy of settlement agreement. one party does not have a lawyer

Michael Charles Schwerin

Michael Charles Schwerin

Posted

Your question is not clear. if there is something in the court file that you want, go down to the courthouse and pay for a copy. The court does not send things out automatically.

Posted

It is hard to give you an answer since many details seem to be missing. If you are saying that you and your spouse signed a "Marital Settlement Agreement" that is not the same thing as getting a divorce through the court system. A divorce requires the filing and service of required court forms and payment of filing fees. There are several steps to the legal procedure and there is a mandatory "waiting period" of six months from the time the divorce petition is served until the divorce can become "final." You may want to review the California Courts website under "Self Help" for more answers or you may want to go to the nearest Superior Courthouse and go to the "Family Law Facilitator's Office for free assistance.

Disclaimer: If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this answer or select it as Best Answer. It’s easy and appreciated. This response is intended to be a general statement of law and should not be relied upon as legal advice. This response does not create an attorney/client relationship and does not create a right to continuing email exchanges.

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Posted

A cooling off period only refers to the time between the petition for divorce was filed and served and six months after this time before a court can declare the marriage status has ended.

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