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What constitutes the divorce agreement?

The divorce agreement is a legally binding settlement that is entered into by two people seeking a divorce. To reach the point where there can be a settlement agreement, the parties will most often have their own divorce lawyers in San Diego who assist the couple in drawing up an agreement that is acceptable to both parties. A divorce agreement can become somewhat complicated but at its most basic it is a document that defines the division of marital assets and liabilities, living arrangements and if applicable, child custody.

In many cases, the actual divorce agreement is preceded by a separation agreement. This phase of the dissolution of marriage is drawn up when the couple first decide to seek a divorce, it usually has a specific time frame associated with it and it is during this time that the couple can decide if divorce is the right thing or not. The divorce lawyers in San Diego who work on the separation agreement find the divorce process to go much quicker if the couple does decide to divorce as the bulk of the specifics have been decided already.

A normal process is for one spouse to file for divorce, when this happens the agreement begins to take shape. Each spouse will be represented by their own divorce lawyers; they will meet and discuss the desires of each party. The discussions can include the sale of the home, the division of bank account balances, the disposition of tangible assets such as furnishings, automobiles, etc. The discussions about child custody and support as well as spousal support also take place and can be acrimonious. Whatever the two parties agree upon can be the agreement; however, it is not binding or legal until such time as both parties have signed it.

The development of a divorce agreement can be quick if both parties show flexibility and are ready to compromise. If compromise and flexibility are not shown, the process can drag on for a very long time as there will be no divorce without an agreement that can be presented to a judge. In cases such as this there will be numerous draft agreements drawn up by the divorce lawyers in San Diego who represent the spouses.

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