Divorce
What is a dissolution of marriage?
A dissolution of marriage, formerly referred to as a divorce, is the legal act of terminating a marriage when, in the opinion of the judge, differences between the parties have caused the irreconcilable and permanent breakdown of the marriage. In practical terms if one person says there are irreconcilable differences, a divorce will be granted.
What is meant by the term "no fault"?
"No fault" dissolution means that the judge generally will no longer permit or require evidence of specific acts of misconduct or fault in granting a dissolution of marriage, except where child custody is an issue, and then the misconduct must relate to the care and custody of the child.
When will my case go to court?
A dissolution of marriage case may not go to court normally until ninety days have passed after service of the summons and petition. However, if any matters are contested, the waiting period may be substantially longer. In some cases it is possible to get the Court to waive the 90 day waiting period. In many cases the parties agree as to what the divorce decree should say and never actually appear in court. If one party fails to respond to the initial petition and summons the other party may obtain a default decree and final judgment that is binding on the other party.
What should I do if I am served with a summons and petition?
1. You should see an attorney immediately and review all of your options with her or him. A divorce substantially affects your property and personal rights. If you fail to respond to the petition you may suffer substantial losses of money, child custody, property, etc. After reviewing the matter with competent counsel you may decide to contest the matter, allow the other party to have the divorce without any contest or you may attempt to negotiate a settlement. In most cases, settlements are negotiated on such issues as child custody, support, spousal support, distribution of property and sharing of pension plans.
2. You may contest custody, child support, alimony and property division by appearing in court and filing appropriate legal papers. You should see an attorney for help with this procedure.
