Separation & Divorce
Whether you plan on separating or divorcing, you will need to resolve the same comprehensive issues, execute a binding agreement, and if divorcing, file the required papers in court.
The essential terms that you and your spouse will need to agree upon include:
1. Equitable Distribution : How will you divide your assets and debts?
2. Parenting: How will the children spend their time (parenting plan/residential custody) and how will major decisions be made regarding the children (parenting decisions/legal custody)
3. Child Support: How will you support the children financially?
4. Spousal Support/Maintenance: Will either of you help the other financially after the separation or divorce?
You may mediate, collaborate, negotiate, or litigate to resolve the terms of a separation or divorce. If you come to an agreement through an out-of-court process such as mediation or collaboration, you never have to appear in court, and we can draft and file your comprehensive Settlement Agreement, along with required court forms, to obtain an uncontested divorce judgment.
Alternatively, you may choose not to file for divorce at that time (for health insurance, tax or other reasons), and use your binding Separation Agreement to define your separate legal parenting and financial obligations.
Either way, having worked through the terms of a comprehensive Settlement/Separation Agreement, you and your spouse have made all the decisions necessary for a legally binding separation or divorce.