If a divorce is mutual and child support and custody has been worked out, must a couplestill go to court?
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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 13 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.
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