21
Sep

Divorces can be expensive and time-consuming. California encourages spouses to try their best settling divorce conflicts as efficiently and quickly as possible. When a spouse tries to drive up the cost of a divorce, then it is considered misconduct. In case of such misconduct, the spouse can be ordered to pay for court costs and attorney’s fees. These are called monetary sanctions and fall under the California Family Code Section 271. Hence, California Family Code Section 271 can be a powerful tool for the spouses involved in a divorce.

If parties in a lawsuit reach a settlement, then the court can enforce the agreed settlement, even if the settlement may take several years to perform. Code of Civil Procedure section 664.6 states that if parties to pending litigation have a signed agreement to settle the case, the court upon the motion of a party may enter judgment pursuant to the settlement and retain jurisdiction for enforcing it. 

In in re marriage of George and Deamon, the husband and wife reached a settlement at a prior settlement conference. Afterward, the wife declined to approve the settlement. The husband, Deamon, perceived that the wife, George, was attempting to use this as a leverage and trying to increase the expenses of the divorce proceedings. Deamon filed a motion to enforce the settlement and sought sanctions against George under California Family Code Section 271.  After reviewing the evidence, hearing the testimonies, and following the necessary legal proceedings, the court concluded that the wife did refuse to follow through with an agreed settlement. The court then used its legal authority to enforce the agreed settlement as an entered judgment. Resorting to this option proved to be helpful, and the ruling came out in favor of the husband. The court then concluded that since Deamon had to file a motion under CCP §664.6 and incur additional attorney fees, George violated Section 271.  The court ordered George to pay $10,000 to Deamon in monetary sanctions.

Seeking monetary sanctions or the enforcement of a settlement is a complicated matter. That is why it is recommended that you seek legal counsel from an experienced divorce lawyer.