DOMESTIC RELATIONS
Domestic Relations
At the initial stage of the proceeding, it is important that you know
how your case will be handled by your attorney. I will attempt to give
you an overview of how we approach divorce proceedings and some insight
as to the laws that apply to them.
What is a Dissolution of Marriage Marital vs. Non-Marital Property Issues Regarding Children Maintenance or Alimony Attorney's Fees Procedures and Time Frame Settlement of a Case It might be well, initially, to explain the difference between "contested" and "uncontested" divorce proceedings. In a contested divorce, the husband and wife cannot agree on the terms of settlement. The case must therefore go to trial, and the court determines, on the basis of evidence and the law, the rights and obligations of the parties. Because of the preparation and trial time, contested divorces are more costly than uncontested divorces. In an uncontested divorce, the rights and duties of the parties are negotiated through their lawyers, or directly by the parties, and the case is settled "out of court". The court is then asked to approve the negotiated settlement. I make settlement suggestions to our clients in hope that you and your spouse can come to an agreement and settle out of court. So that you may understand the suggestions we typically make, the following is a summary of the major issues that should be resolved in divorce proceedings: © 2007 Joseph M. Lucas & Associates, L.L.C. |
|