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THE PROCESS OF
GETTING DIVORCED
Getting divorced can be relatively simple or quite complex
depending on several factors: the length of the marriage, the complexity of the
parties’ financial affairs (including both assets and debts), the health and age
of the parties, the disparity in the incomes or income potential of the parties,
the health and age of the children, whether the parties intend to remain in the
same geographic area, and finally, and perhaps most importantly, the emotional
stability and maturity of the parties.
A factor not often considered or discussed, but which can be of great importance
throughout the process of the dissolution is the particular attorneys involved.
Like all people, attorneys have their own points of view, and approaches to
dissolution. It is extremely important to find an attorney (whether you hire one
to represent you or are using one mainly for consultation) with whom you feel
comfortable and whose philosophy regarding how to handle your case is one you
agree with and in which you feel confident.
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"I was impressed with the
attention to detail and the
courtesy extended to me.
Thanks!" |
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The actual
process of getting divorced can be handled in a
number of different ways, depending on the circumstances and the desire of the
parties. The husband and wife may want to proceed pro se (on their own without
lawyers involved). One party may hire an attorney and the other may proceed pro
se. They both may have an attorney, consulting and advising, but actually do the
divorce on their own. Both parties may choose to be represented by attorneys and
the case may be resolved by negotiation and compromise,
Collaborative law,
mediation, and arbitration (with a privately hired judge). These are all
possible ways to proceed. A combination of some of these approaches is also
possible.
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About ninety (90) percent of divorce cases are settled without going
to court for a trial before a Judge. A trial is always available. Should the
parties be unable to reach an acceptable agreement, they are always free to
litigate. It is also possible to agree on all but one or two matters and have
those matters determined by either an arbitrator or a judge.
In the end, whether a divorce is resolved by a trial or
agreement, its terms will become a court order which will cover all aspects of
the dissolution, division of assets and debts, maintenance, parenting
responsibility, parenting time and child support.
If there are issues involving parenting time and parental
responsibility, a child family investigator will be appointed
by the court or may be chosen by the parties .
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About ninety (90) percent of divorce cases are settled without going
to court for a trial before a Judge. |
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