A divorce is the legal remedy to terminate a marriage. When getting a divorce, the parties must be prepared to discuss property division (assets and liabilities), child support, child custody and parenting plans, alimony, health and life insurance, and many other issues.
The Divorce Process
There are several paths that married parties wishing to obtain a divorce may take depending on their needs and unique situation. Out of court processes, such as mediation and collaborative law, can be quicker and less costly. However, if the divorce is contested and the parties cannot come to an agreement, then the divorce will need to go through litigation in the courts.
If the parties file for an uncontested divorce, they will work together with their divorce attorneys to reach an agreement on all of the necessary issues. The parties will only have to appear at family court one time to file all the necessary paperwork and appear before the judge to have their agreement approved.
Uncontested divorces are often the result of out of court processes such as mediation or collaborative law, or contested cases where the parties and their lawyers work cooperatively together to reach a settlement before a trial.
If the divorce is contested and the parties are unable to reach an agreement on all issues, the parties will need to appear in the Probate & Family Court for various hearings, including a motion to establish temporary orders during the pendency of the case, a pre-trial conference and, if the parties cannot reach an agreement, a trial. Most cases, even when contested at the beginning, result in settlement without the need for trial, but litigated cases are often lengthier in time and more costly than cases resolved out of court through negotiation.
Choosing the Best Divorce Process for Your Needs
The divorce lawyers at Tracey & Associates, PC are all experienced in the various approaches to divorce, including mediation and litigation. We can help you decide which avenue is best for you and your family.