Legal Question in Family Law in California

if a court date has been set for a hearing to establish spousal support along with attorneys fees, but the respondent has notified the petitioner that he is willing to mediate and settle a the matter out of court, can the court date be cancelled and the order established without a hearing?

Asked on 9/02/13, 1:52 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Personally, I wouldn't cancel a court date until the actual matter settled. Nothing keeps the other side motivated to settle a case like upcoming hearings.

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Answered on 9/02/13, 3:14 pm

Timothy McCormick Libris Solutions - Dispute Resolution Services

I agree with Mr. Roach but he did not answer your actual question. The answer is, "yes." Parties can always file a stipulated (agreed on) order for the court to sign and enter instead of having a hearing. To be on the safe side, however, you should make sure you have a signed binding agreement, and preferably have a stipulated order at least submitted to the court, before taking a hearing off calendar.

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Answered on 9/02/13, 6:26 pm

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