You could, but I would be weary of any attorney that did NOT tell you to do so would be against their legal advice. If you have the time to go to the file room and look for one and copy it, then you should better utilize that time with the court self-help desk that can steer your case more properly as it relates to your case specific facts. Copying one from someone else's divorce is not advised because there may be clauses included or excluded that are unique to that case.
After you are finished with the self-help, I would see if you can pay for an attorney to review it. It would me in your best interest to do so.
Attorney Williams practices FAMILY LAW throughout the State of California and may be reached at (831) 233-3558 and offers free consultations. The response provided in this forum is not intended to create an attorney-client relationship. The information offered in this response is for general informational purposes only and should not be relied upon without further consultation with a legal professional after all relevant facts are disclosed and considered. DANIEL S. WILLIAMS, ESQ. LAW OFFICES OF DANIEL S. WILLIAMS 500 LIGHTHOUSE AVENUE, STE. A MONTEREY, CA 93940 (831) 233-3558 -- OFFICE (831) 233-3560 -- FAX
What are the terms of your settlement? What you would write in a Stipulated Judgment (or MSA) would depend upon the specific terms of your settlement. Once you write down the terms of your settlement and review them with your spouse to ensure that they are agreed upon, you could hire an experienced Family Law Attorney on an Unbundled Services basis to prepare a Stipulated Judgment (which is preferable to an MSA because it cuts out an additional step) and a Judgment Package to be filed. If you can't afford a lawyer, go to your Court's Self-Help Clinic and obtain assistance from a Volunteer Lawyer.
Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.
You say "used to the first time"--this makes me think this may be a modification of an existing judgement. If it is, you may or may not need to see the existing wording. But yes, you can access your file. Take the case number (if possible) and go to the court and look it up. If it is not too old it will be in the electronic system to look at, and you can pay them to provide a paper copy.
Unbundled services may still be a wise choice.
Ms. Straus (aka Carroll) may be reached at 800-400-8978 during regular business hours, Pacific Time, or anytime by email at: ECSEsquire@AOL.com. All of Ms. Straus’ responses to questions posted on Avvo are intended as helpful information based upon the facts stated in the question, and are not to be relied upon as a final legal opinion. It may not be what you wished to hear, and it does not create an attorney-client relationship. Ms. Straus is licensed to practice law in California. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state, and retain him or her. Me Straus provides “unbundled” services if you need specific assistance with a specific issue.
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