Divorce is the legal dissolution of a marriage. To commence a divorce action one spouse may file a Complaint for Divorce, or, if they have a comprehensive agreement, both spouses may file a Joint Petition for Divorce. A divorce can be finalized in only two ways : 1) By Agreement; 2) By Judgment after Trial.

Divorce is a process, not an event. Most divorces involve considerable negotiation and compromise, whether they are litigated (a series of court appearances) or not. During a divorce, a court may issue Temporary Orders regarding support, child custody, the payment of mortgages and debts, and other issues. When a Complaint for Divorce is served on a party, an Automatic Restraining Order issues to preserve the status quo of the assets, health insurance, life insurance, etc.

Assets

Alimony and the division of assets are decided by the court based on a number of factors, such as the length of the marriage, the age and health of the parties, and their ability to earn income or acquire further assets.In the majority of marriages, assets are divided equally.

Child Custody and Parenting

One of the most difficult issues in divorce is child custody or the parenting plan. A common parenting plan is where the children primarily reside with one parent, and spend every other weekend and 1-2 midweek visits with the other parent. However, there are many variations on a theme. Shared physical custody usually requires the proximity and cooperation of both parents. If the parents cannot agree on a plan, a Guardian ad Litem may be appointed by the court to investigate and report to the court. This is an additional cost to the parents.

Divorce can be one of the most difficult experiences in an adult’s life. Years of married life must be re-configured. It can involve financial upheaval, the loss of one’s home, a changed relationship with the children, and long-term financial obligations. It is essential to have an experienced, knowledgeable, and understanding attorney, to guide you through a process which is fraught with emotion and difficult choices.