An uncontested divorce occurs when you and your spouse agree on all
financial or divorce-related issues (i.e., child custody and support, division
of marital property, spousal support and health insurance).
An uncontested divorce may also be obtained if:
1) Your spouse does not respond to the divorce action, or
2) Your spouse does respond, but does not oppose the divorce.
Generally, with an uncontested divorce no court appearance is required.
Generally, a contested divorce occurs when you and your spouse are unable
to agree to some or all of the terms of settlement (i.e. custody, visitation,
support, and/or distribution of property).
As your attorney, I will do my best to reach a favorable and amicable resolution through extensive negotiations. If it is necessary to litigate your case in Court, I will aggressively and zealously represent you to reach the most favorable outcome possible.
DIVORCE BY PUBLICATION
You can obtain a divorce by publication when you don't know the whereabouts of your spouse. After conducting a diligent search, I can help you obtain permission from the Court to serve your spouse by publication in a local newspaper. Generally, no court appearance is required.
An annulment is a matrimonial action to declare a marriage as null and void. An annulled marriage is considered to never have existed. Today, a majority of annulments are obtained on the grounds of fraud. This may occur when you entered into the marriage based on a promise or statement made by your spouse. It is only after the marriage that you learned that promise or statement was not true.
If you and your spouse have separated, but are not yet ready to initiate a divorce, it is best to enter into a separation agreement. A separation agreement is a contract between you and your spouse in which you agree to live apart from each other for an indefinite period of time. It is important for the agreement to be drafted by an attorney, to make sure that it is enforceable. The agreement should contain the respective rights and obligations of the parties regarding custody of children, visitation rights, support payments, distribution of property, and all other matters pertaining to the marital relationship.
There are numerous reasons why a person might want to change their legal name. My office can prepare your petition and appear on your behalf in Civil Court. The petition can be prepared on the same day of your first appointment.