Domestic Relations
What are my rights? How can I protect my family?
Divorce, separation, custody, guardianship, paternity... family law encompasses many different types of matters affecting families. Our attorneys are trained extensively in the area of Family Law and understand the severe consequences of making hard decisions that affect your family.
We review the facts to understand your circumstances and determine an accurate idea of your case. We'll present your options and help you through the process, ensuring you understand the proceedings and negotiating on your behalf. Because when it comes to your family, you want an attorney who understands.
In divorce cases, most people initially have general questions which help determine how they will proceed:
What is the difference between a Separation and a Divorce?
There are legal procedures for both a separation and a divorce. The process of obtaining either is very similar but the end result is very different. In a separation support action you are only separated at the end of the case. By contrast, in a divorce action, you are no longer husband and wife at the end of the proceeding. The distinction impacts other factors, but particularly your ability to remarry. If you choose a "legal separation" you can file for divorce at a later date.
How do I get a Divorce?
There are two types of divorce actions, contested and uncontested. In a contested case, one party files a Complaint for Divorce with the appropriate court and begins the action. The grounds for the action can be fault-related or just an irretrievable breakdown of marriage. Most of the cases are handled as any other lawsuit with most movement occurring in Court. This type of a proceeding is very lengthy and can take years to settle.
In an uncontested case, the parties agree to resolve their separation and divorce outside of the courtroom. Once settled, a Joint Petition for Divorce is filed and the divorce is final 120 days after the Court approves the agreement. These types of divorce can be handled by separate attorneys for each party.