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Does a Court Have to Approve an Agreed Divorce Order?

When couples end their marriage, Nevada’s state laws promote the settlement of their issues in order “to reduce the costs of litigation by encouraging cooperation between the parties and their counsel.” Courts like it when the parties to lawsuits settle. Not only do agreements promote more peaceful and constructive resolutions, but they also save the courts countless hours that can be focused elsewhere.

Courts will look favorably at parties who come to agreements and will very frequently approve these agreements as decrees of the court. However, there are circumstances in which a court will reject an agreement, or parts of an agreement. In addition, it is important that your agreement be crafted in such a manner that it will not lead you into an unforeseen pitfall, or fail to address an issue that may arise in the future. It is therefore important to work with an experienced family law attorney to help you create a clear, enforceable agreement.

Unenforceable Provisions

When a court reviews an agreed divorce order, it will look out for red flags in the key issues of community property, alimony, child custody, and child support that can render the orders unenforceable. In other words, if there are provisions that a court cannot enforce, are unlawful, or violate public policy, then a court will not approve those portions of the order—which forces the parties to re-work the agreement or take issues to trial. Some of these unenforceable provisions include:

  • An agreement to violate the law. Parties cannot agree to commit a crime or to violate existing state or Federal statutes.
  • An agreement obtained by fraud, duress, or coercion. A court wants to be sure that both parties reached an agreement voluntarily.
  • An unconscionable agreement. Courts will look at power disparities and see if an order is completely one-sided.
  • An agreement that leaves one spouse destitute. Courts cannot approve an agreement that will leave a spouse reliant on public assistance.
  • An agreement that is not in the best interest of the children. Courts are tasked with entering orders based on a child’s best interest and take this responsibility seriously.
  • A child support agreement that waives support or does not meet the children’s basic needs. Again, parents have a legal duty to provide for their children’s needs, and courts are required to comply with the state’s child support laws.

Viloria, Oliphant, Oster & Aman L.L.P. Will Fight for You

If you are seeking a divorce, you need an experienced family law attorney to help you resolve the significant issues of child custody, property division, alimony, and child support. At Viloria, Oliphant, Oster & Aman, L.L.P., our attorneys are smart, thorough, and proven. Our attorneys have a track record of success and are committed to providing high-quality legal representation to our clients. Let us stand by you. Call Viloria, Oliphant, Oster & Aman L.L.P. today at (775) 227-2280 to schedule an appointment or contact our office through our website.

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