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| Q. |
The relationship is over, I know we need a “legal” separation, but where do I start? |
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| A. |
You should see a lawyer for a consultation. This is a confusing and emotional time for you and your spouse. There are many legal issues to consider, custody, access, guardianship, child support, spousal support, division of assets. We will work with you to negotiate a satisfactory resolution with your spouse and to document that resolution in a legally binding separation agreement. |
| Q. |
What happens if we cannot negotiate a settlement? |
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If you and your former spouse need some assistance to reach a resolution, we can recommend a mediator and assist you in the process of mediation. Mediation is a process where a third party neutral mediator works with you and your spouse to assist you in reaching your own settlement. Finally, if necessary, we can proceed through the process of litigation and ultimately obtain a ruling from a Judge to resolve the outstanding issues. |
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What is Collaborative Law? |
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Collaborative law is a new process developed to encourage parties to reach a negotiated settlement without litigation. You and your spouse would each hire a collaborative lawyer. The process is governed by a collaborative agreement which is signed at the outset by each party and each lawyer. Essentially the process excludes litigation or the threat of litigation as a dispute resolution option. The parties work towards a settlement in a series of structured four way meetings. If either party withholds information, if either party withdraws or even threatens to withdraw and pursue litigation, then the process is terminated and both parties must hire new lawyers from different law firms to pursue litigation on their behalf. If this process interests you, we can help. |
| Q. |
We have everything worked out and we just need a divorce, what do I do? |
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If all other matters are resolved, if there are reasonable arrangements in place for the support of any children, if there is no reasonable prospect of reconciliation and if you have lived separate and apart from your spouse for more than one year, there is normally no need to have a court hearing to get your divorce. We can help you obtain a divorce by “desk order”. We will obtain the necessary information from you, draft and have you swear the necessary affidavits, and submit them to the Supreme Court registry to apply for your divorce. |
Meet our
team working in this area.
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