What is a Marital Settlement Agreement?

March 27, 2024 | By Doppelt and Forney
What is a Marital Settlement Agreement?

The Law Office of Doppelt and Forney, APLC is a full-service family law firm specializing in divorce, legal separation, and paternity cases. We offer a free consultation at our office in the Rancho Bernardo area of San Diego. At your free consultation, an attorney will provide you with legal analysis and suggest techniques to try to help you obtain your legal goals and protect your rights. Whether divorce, child custody and visitation, child support, spousal support, division of assets and debts, a high-conflict or high-asset divorce, the attorneys at Doppelt and Forney, APLC can help you.

If you choose to retain an attorney, we are here to represent you every step of the way, all while providing you with realistic expectations and protecting your rights as a spouse or parent.

Schedule a free consultation with a seasoned divorce lawyer today to find out how we can help you!

Many divorces are resolved by a Marital Settlement Agreement, or MSA.

An MSA is a written agreement which becomes a Court order. The MSA usually includes provisions for property division, child support, child custody and visitation, and spousal support. Each MSA is unique and the contents of the MSA are extremely important for your future. As such, an experienced family law attorney should draft your MSA to ensure accuracy and that your rights are being protected. You should also have a family law attorney read and analyze the MSA before you sign it.

It is important to know that one attorney cannot represent both parties when drafting an MSA. This is because each party may have different interests, so it would be considered a conflict of interest for one attorney to represent both parties. Your attorney will be able to draft your MSA, review it before you sign, and negotiate with the opposing party on your behalf, if necessary. They will also ensure your MSA holds up in Court.

Once the MSA has been signed by both parties and filed with the Court, it governs all the provisions listed above, such as child custody and visitation.

If you and the other party are able to come to an agreement on all issues in your divorce, an MSA will save you time and money. If you are unable to agree on issues, you may need to head to trial, where a Judge will make a ruling on all contested issues. Trial can be extremely costly for both parties in terms of legal fees, so it is recommended to settle out of court, if all possible.

Contact a San Diego Divorce Attorney Today

Are you going through a divorce? Do you need help with your MSA? If you live in San Diego, our divorce lawyers are here to help you through every step of this often confusing and emotional process. Our lawyers have over 50 years of combined experience in California Family Courts.

We serve clients throughout the San Diego metropolitan area, including clients residing in Chula Vista, Carlsbad, Coronado, La Mesa, Vista, La Jolla, Del Mar, Ramona, Oceanside, Point Loma, and other nearby municipalities.