Ending an relationship may be a particularly upsetting event, involving many uncertainties and emotions. If an ending is unavoidable, or in your best interest, an attorney can guide you in protecting your rights.
Various procedures may be used to end a marriage that breaks down, including annulment, separation, dissolution or divorce.
If a marriage falls apart its termination will require a legal proceeding. That court proceeding legally terminates the marriage and makes provisions for the parenting of minor children, family support, and division of property and liabilities.
One or both spouses may seek a dissolution of the relationship. To complete a dissolution, the parties must reach total agreement on all matters. In other words, there are no matters which they need the court to decide. Rather, they have been able to agree on everything. Whether or not the documentation of their agreement needs to be presented to the to the Court, depends on the nature of the relationship, its legal status (determined by the state and its current law).
If there are minor children involved, it will still be important to enter into a “Shared Parenting Plan” to avoid misunderstandings and create a structure for parenting. In many situations, it may be necessary to complete formal court proceedings to establish custody and visitation.
If a domestic partnership falls apart one or both parties may seek a dissolution of the relationship. However, this can often be accomplished without a formal court proceeding (depending on the state, current law, whether minor children are involved, etc.). Again, depending on the nature of the relationship (and the state, current law, etc.) it may be possible to divide property (assets) and liabilities with a simple agreement, or it may take a court action.
If the parties cannot reach total agreement on all matters, a divorce action would be filed. This indicates that the party filing the motion for divorce does not have confidence that they will be able to come to an agreement without court intervention. During the proceeding, the court will set up a series of hearings and conferences with magistrates or other court personnel to assist the parties in working through all issues. Mediation is often recommended.
In the vast majority of cases the parties eventually can agree on most issues, leaving only a few matters for the court to decide at trial. Most judges are quick to emphasize to the parties that agreements they can reach on their own can be much more creative and individualized than anything the court can decide on its own. But where an impass exists domestic court judges will conduct trials on the undecided matters. If the parties can eventually agree on all matters, they will submit an agreed judgment entry for the court to review and approve after all the parties and their attorneys have signed. Few cases go to trial.
Don’t overlook these important methods that can be used for helping parties reach settlement when ending a marriage or domestic partnership. These are:
Collaborative Law
If both parties choose attorneys who are trained in the principles of collaboration then a resolution can be reached through negotiations. This process works best with a series of meetings, with both clients and both attorneys discussing, negotiating, and deciding on each area of the agreement. [<br>]
Mediation
In this process, the parties take their dispute to a trained mediator, a neutral party, that assists the clients in making decisions by discussing each of the outstanding issues. The clients can then better reach their own conclusions and resolve their dispute.
I have been trained in these areas, and am very comfortable using these methods.
I can discuss your situation in detail with you, or you can use the “Contact Form” to send in a simple question.
