If a divorce is mutual and child support and custody has been worked out, must a couplestill go to court?

Get Legal Help Today

 Secured with SHA-256 Encryption

If a divorce is mutual and child support and custody has been worked out, must a couplestill go to court?

Asked on May 21, 2011 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am unsure what exactly you mean.  But let me see if I can try and give you some guidance.  generally speaking, courts prefer that that parties workout the specifics on their own as to distribution of assets, custody and support.  There is a caveat as to support:  states have their own support standards and guidelines in a divorce action to insure that the kids are not casualties of the break up. So the amount paid by each parent is achieved by plugging figures in to a formula to give you the minimum amount to be paid by each parent.  You can always pay more but never less.  Now, the divorce agreement and the custody and support agreement will be made part of the action for divorce that is filed. If you are filing an uncontested divorce then you may never have to go to court to see a judge.  Some states do, however, require the parties to go at least once to allow the court to render a judgement.  Check with the court in your area.   Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption