matrimonial Law
When a marriage begins to unravel, and divorce is contemplated, communication becomes difficult, if not impossible. This has an impact on the entire family. At Kerley, Walsh, Matera & Cinquemani, P.C., we are aware of these issues and adept at addressing the legal concerns within the context of an intensely emotional time of the client’s life. Divorces are vastly different depending on the individual facts and circumstances of each family. Each matter handled in this office gets the specific individual attention it warrants.
Contested divorces
Contested divorces are very common, as divorcing parties often do not see eye to eye on all the issues of parenting and dividing of property and finances. Perhaps the spouses can agree on which parent shall have residential custody of the children, however, disagree as to support payments and the distribution of their assets. In contested divorces the spouses have to seek judicial intervention for various Court Orders and either reach a settlement or have a Judge decide the outcome of their divorce.
Uncontested divorces
In an uncontested divorce, both spouses are in agreement as to all the terms of their divorce settlement as listed above. A divorce agreement containing all the agreed upon terms between the parties is drafted by an attorney, signed by the parties, and filed with the Court. These cases can be settled outside of court with the parties obtaining a Judgment of Divorce without ever having to appear before a Judge.
Legal separation
Couples may choose to become legally separated instead of obtaining a divorce. The process to obtain a Separation is similar to the process of obtaining a Divorce since all the of the same issues which are decided in a divorce are also determined in a separation. After living apart for one year pursuant to their Separation Agreement or Judgment of Separation, either party may file to convert the Separation into a Judgment of Divorce.
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