|
|
What Is It?
There are several legally recognized ways to end a marriage including:
annulment, separation agreement followed by a conversion divorce,
mediation leading to a separation
agreement and a conversion divorce, Collaborative Divorce, and divorce
litigation. Despite its economic and emotional cost, divorce litigation
remains the best known and most often used method of ending a marriage.
One spouse commences a legal action (lawsuit) against the other
alleging that legal grounds exist for ending the marriage. The parties
then go through a Court supervised process of disclosing their financial
condition (assets and liabilities) and either negotiating a mutually
agreeable division of the marital property, or presenting evidence
in a trial before a judge regarding what the distribution of property
should be. If there are minor children, the parties may also agree
or litigate issues of child custody, visitation schedules and child
support.
If the parties dont agree on all issues, there is a trial, and the judge decides
unresolved matters, including, whether there are adequate legal grounds for
ending the marriage, what is an equitable distribution of the marital property,
and/or what the child custody, visitation and support arrangements will be and
then issues a Decree of Divorce ending the marriage relationship.
Divorce Litigation is for...
| |
|
Situations
where one spouse resists ending the marriage; |
|
| |
|
Where
the parties can’t or won’t communicate or negotiate with
each other; |
|
| |
|
Where
there is concern about incomplete disclosure of financial condition |
|
| |
|
Where
there are conflicting, fixed views on child custody, visitation and/or
support; |
|
| |
|
Where
one or both of the parties want their day in Court and to make a public
record concerning their marital situation; |
|
| |
|
Where
negotiations between the parties on the terms of their separation, or
their efforts at a Collaborative
Divorce breakdown. |
|
|
|
