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.