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DIVORCE & FAMILY LAW

Legal Effect of Divorce

A divorce permanently terminates your marriage and resolves several very important issues: With whom will the children reside?  Who will pay child and/or spousal support (alimony), and how much and for how long?  Who will pay which bills?  Who will keep which property?  How will retirement incomes be divided?  Will one spouse have to provide medical insurance for the other and the children?  These are just a few of the many issues which must be resolved through the divorce process. 

You and your spouse have the opportunity to agree to the resolution of these and all other relevant issues.  If you are able to reach an agreement, you will put the agreement in writing and submit it to the Family Court.  If the Family Court approves the agreement, the Family Court will issue your “uncontested divorce” according to the terms of the agreement.  In most uncontested divorce cases, neither you nor your spouse will have to appear before the Family Court judge.  Depending on the Family Court’s caseload, it generally takes about two months to finalize your divorce after you have completed and filed all of the necessary paperwork.

If, however, you and your spouse are unable to reach an agreement, or if the Family Court rejects your agreement, then you must go through the “contested divorce” process, where the Family Court judge will decide these issues for you.  The contested divorce process if very complicated, very expensive, and can take a year or longer to complete.  If you are unable to reach an agreement, it might be helpful for you and your spouse to agree to “mediation” - a non-binding discussion with a neutral third-party (“mediator”) to try to reach an agreement on these issues.

 

Click on the links at the left to learn more about family law.

 


 


 
 
 
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