The breakup of a marriage is a difficult and stressful time. However, it is important that you protect your interests so as to ensure a favorable outcome. All marital property must be identified, its proper value ascertained and a determination made as to  how this property will be distributed.

     Ideally, all issues involved in the divorce, including property distribution, spousal support, child custody and child support will be resolved by negotiation leading up to an agreement between the parties. Whether you have a straightforward, uncontested divorce, or one requiring extensive litigation, we can discuss how best to proceed in your situation.

 

What is the difference between a contested divorce and an uncontested divorce?

 

If you and your spouse have discussed getting divorced and have agreed on the major issues such as child custody, child support, spousal maintenance and property distribution, then you may be able to proceed with an uncontested divorce. Both parties will have to sign an agreement, called a “Stipulation of Settlement”, that provides the details of property distribution, child support, maintenance, custody and visitation.

 

If you and your spouse cannot agree on these matters on your own, then you will most likely have to proceed with a contested divorce, in which case you will commence a divorce action in court and have your spouse  served with a summons. Contested divorces usually end in a settlement, but if the parties cannot settle, then the eventual result is a trial.

 

What is the difference between getting divorced and being separated?

 

If you and your spouse agree to separate, you can sign what is called a “Separation Agreement.” A separation agreement contains all of the provisions that you would find in an agreement settling a divorce. However, you remain married. After one year of living apart, either party can bring a divorce action on the grounds of living separate and apart pursuant to a separation agreement.