Divorce / Dissolution of a Civil Union
Process
You will be asked to provide me with certain relevant information necessary for the preparation and filing of the legal documents. These documents include the Summons and Complaint, if you are the plaintiff (the party initiating the action), or the Answer and/or Counterclaim if you are the defendant. There are specific rules and guidelines for all Court actions, and I will help you understand these rules and guidelines.
After the initial "Complaint" has been filed, if you are the Plaintiff, we then serve your spouse/partner with the divorce/dissolution papers. After your spouse/partner is served, they can either file an answer and/or file a counterclaim. He or she must do so within 35 days of being served. If you are the Defendant, and have been served with a Summons and Complaint, your answer and/or counterclaim is required to be filed within 35 days.
After the 35 days, depending on what has transpired, the important dates will be scheduled. These dates include: Parenting Classes, Parental Meditation, Case Management Conferences (CMC), an Early Settlement Panel (ESP) meeting, when real estate appraisals and pension valuations are due, and a timeframe to both send and answer Interrogatories (a list of questions to be answered together with the submission of supporting documentation) and Notice to Produce (more supporting documentation), which each lawyer, or self-represented party, will prepare and send to the opposing lawyer, or self-represented party. A Trial date will also be scheduled. Most divorces/dissolutions settle without going to trial, but the Court will schedule a trial date just in case you and your spouse/partner are unable to settle.
During this process, whenever a settlement has been agreed to, the divorce/dissolution can be granted and a final decree can be signed by the Judge. Any time during the divorce/dissolution process a settlement can be agreed to, and we will work with your spouse's/partner's attorney, or spouse/partner if self-represented, to formulate a settlement as soon as possible.
A contested divorce/dissolution can take several months and in some cases one, two or more years for complex property settlements, or disagreements over custody and/or child and spousal support. It is in your best interest to try to settle early in this process.
We will expeditiously handle your case and answer for your legal responsibilities. We represent you and stand ready to advise you and to do what you instruct me to do, as long as it is within reason. We are always pleased to hear any good news of reconciliation, and in the event that you decide at any time to withdraw from any litigation which is before the Court or in the process of being prepared, please notify us at once so that we can keep the legal process from going any further. Otherwise,we will prepare documents which you must read and sign for filing with the Court. We will keep you informed of all upcoming Court dates as soon as we know them.
Property/Marital Settlement Agreement (PSA/MSA)
Many of the matters incidental to a divorce/dissolution can be more expeditiously disposed of if they are settled between the parties and not contested in Court. The matters that are agreed on can be presented to the Court in a contract signed by husband and wife or civil union partners, called a Property/Marital Settlement and Support Agreement. It can deal with property division, support money, custody and visitation, insurance and many other subjects. If the Court accepts the agreement, it will adopt it as part of the final divorce/dissolution decree and give the agreement the strength of a Court order, enforceable by contempt proceedings.
Specifics
Property Matters: Property ownership and division of assets of a marriage are usually decided at the final hearing, unless agreed to in a PSA/MSA as explained above. If the respective parties to a divorce/dissolution can agree on division of properties, then this may be incorporated into a PSA/MSA to be presented to the Court for incorporation in the divorce/dissolution judgment.
Support of Spouse/Children: While a case is pending, a spouse/partner is often liable for the support of the other spouse/partner and/or children. If the parties cannot agree upon an amount, then the Court will determine this amount. The support amount is based upon earnings of the respective spouses/partners and needs of the support recipient. A support order will likely be part of the final divorce/dissolution decree.
Child Custody: If child custody and visitation rights cannot be agreed upon, then the Court will establish them.
Person's Name: A married person's name can be changed by the Court in the divorce decree, and he/she should specifically ask for this now if he/she desires it.
Emergency Relief and/or Temporary Restraining Order: It is possible to obtain immediate financial support from a spouse and an immediate temporary custody order from the Court as soon as a divorce complaint is filed. In an appropriate case, one party can be temporarily barred from certain premises or put under a Court order to keep her/him from attacking or threatening the other or removing the children. If you think you will need such special relief, please mention it to us immediately.
Process
You will be asked to provide me with certain relevant information necessary for the preparation and filing of the legal documents. These documents include the Summons and Complaint, if you are the plaintiff (the party initiating the action), or the Answer and/or Counterclaim if you are the defendant. There are specific rules and guidelines for all Court actions, and I will help you understand these rules and guidelines.
After the initial "Complaint" has been filed, if you are the Plaintiff, we then serve your spouse/partner with the divorce/dissolution papers. After your spouse/partner is served, they can either file an answer and/or file a counterclaim. He or she must do so within 35 days of being served. If you are the Defendant, and have been served with a Summons and Complaint, your answer and/or counterclaim is required to be filed within 35 days.
After the 35 days, depending on what has transpired, the important dates will be scheduled. These dates include: Parenting Classes, Parental Meditation, Case Management Conferences (CMC), an Early Settlement Panel (ESP) meeting, when real estate appraisals and pension valuations are due, and a timeframe to both send and answer Interrogatories (a list of questions to be answered together with the submission of supporting documentation) and Notice to Produce (more supporting documentation), which each lawyer, or self-represented party, will prepare and send to the opposing lawyer, or self-represented party. A Trial date will also be scheduled. Most divorces/dissolutions settle without going to trial, but the Court will schedule a trial date just in case you and your spouse/partner are unable to settle.
During this process, whenever a settlement has been agreed to, the divorce/dissolution can be granted and a final decree can be signed by the Judge. Any time during the divorce/dissolution process a settlement can be agreed to, and we will work with your spouse's/partner's attorney, or spouse/partner if self-represented, to formulate a settlement as soon as possible.
A contested divorce/dissolution can take several months and in some cases one, two or more years for complex property settlements, or disagreements over custody and/or child and spousal support. It is in your best interest to try to settle early in this process.
We will expeditiously handle your case and answer for your legal responsibilities. We represent you and stand ready to advise you and to do what you instruct me to do, as long as it is within reason. We are always pleased to hear any good news of reconciliation, and in the event that you decide at any time to withdraw from any litigation which is before the Court or in the process of being prepared, please notify us at once so that we can keep the legal process from going any further. Otherwise,we will prepare documents which you must read and sign for filing with the Court. We will keep you informed of all upcoming Court dates as soon as we know them.
Property/Marital Settlement Agreement (PSA/MSA)
Many of the matters incidental to a divorce/dissolution can be more expeditiously disposed of if they are settled between the parties and not contested in Court. The matters that are agreed on can be presented to the Court in a contract signed by husband and wife or civil union partners, called a Property/Marital Settlement and Support Agreement. It can deal with property division, support money, custody and visitation, insurance and many other subjects. If the Court accepts the agreement, it will adopt it as part of the final divorce/dissolution decree and give the agreement the strength of a Court order, enforceable by contempt proceedings.
Specifics
Property Matters: Property ownership and division of assets of a marriage are usually decided at the final hearing, unless agreed to in a PSA/MSA as explained above. If the respective parties to a divorce/dissolution can agree on division of properties, then this may be incorporated into a PSA/MSA to be presented to the Court for incorporation in the divorce/dissolution judgment.
Support of Spouse/Children: While a case is pending, a spouse/partner is often liable for the support of the other spouse/partner and/or children. If the parties cannot agree upon an amount, then the Court will determine this amount. The support amount is based upon earnings of the respective spouses/partners and needs of the support recipient. A support order will likely be part of the final divorce/dissolution decree.
Child Custody: If child custody and visitation rights cannot be agreed upon, then the Court will establish them.
Person's Name: A married person's name can be changed by the Court in the divorce decree, and he/she should specifically ask for this now if he/she desires it.
Emergency Relief and/or Temporary Restraining Order: It is possible to obtain immediate financial support from a spouse and an immediate temporary custody order from the Court as soon as a divorce complaint is filed. In an appropriate case, one party can be temporarily barred from certain premises or put under a Court order to keep her/him from attacking or threatening the other or removing the children. If you think you will need such special relief, please mention it to us immediately.