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Family Law Blog

McCourts Working Towards Divorce Settlement

Friday, April 01, 2011

Dodgers owner Frank McCour,t and his estranged wife Jamie, are working towards what California divorce lawyers often recommend - an out-of-court settlement of their much-publicized case. 

Last week, the court postponed a hearing that was scheduled for April 11th, during which Jamie was expected to request that her husband be ordered to give her all papers related to the Dodgers’ financial and business operations.  The date of that hearing has been moved to May 11, and provides the two parties more time in which they can negotiate an agreement to settle their acrimonious divorce.

The two parties have gone to the settlement table before, but attempts to bring about an amicable resolution of the divorce have been largely fruitless.  In several rounds of settlement talks, Jamie McCourt agreed to give up ownership of the Dodgers to her ex-husband in exchange for a payout, but refused to accept some of his conditions.  So far, it's unclear to California divorce attorneys how the two might settle their divorce.  Frank McCourt has maintained all along that any settlement must end with him becoming the sole owner of the Dodgers team.

A couple that has filed for divorce proceedings in California can choose to settle out of court.  If the couple and their attorneys manage to resolve all issues through mediation or collaborative law, then the final resolution of the divorce is outlined in a settlement agreement.  This agreement is then submitted to the judge, followed by an informal hearing.  During this hearing, the judge will make sure that each party is well aware of the terms of the agreement, after which each party has to sign the agreement.

After the couple signs the agreement, the judge gives them a divorce decree that shows that the divorce is final.  The divorce decree will involve information about division of the couple's marital property, child custody, living arrangements, visitation, parenting time, child support and spousal support.

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