Our practice
In the process of divorce and separation, there are several approaches to navigate the challenges. Fortunately, our legal system offers avenues to make divorce proceedings as amicable as possible. Our family law litigation department is here to assist you in various scenarios, including uncontested divorce, contested divorce, and mediation.
Uncontested Divorce:
The ideal option, if feasible, is an uncontested divorce, where both spouses work together to agree on the divorce terms. There is no formal trial, and typically, only one party, known as the plaintiff, appears in court. You reach an agreement beforehand regarding asset division and, if children are involved, primary and alternate residence for the parents. We draft a settlement agreement, signed by both parties, and a parenting plan if necessary. Uncontested divorce is usually the least expensive form of divorce.
Contested Divorce:
A divorce becomes contested when the parties can’t agree on the division of assets, child custody, and maintenance. In such cases, the court intervenes to resolve the disputes. Contested divorces can take several months to several years to conclude. We work on an hourly rate agreed upon in advance with our clients, and in many cases, we can obtain a contribution cost order against the other spouse during the initial Rule 43 application, helping to cover legal expenses.
Mediation:
In mediation, an impartial third party assists both spouses in reaching a settlement agreement. The mediator offers guidance on potential court outcomes but doesn’t make decisions or impose orders. Mediation focuses on reaching reasonable decisions about asset division and child-related matters. Once an agreement is reached with the mediator’s help, it can be reviewed by an attorney of either party’s choice.
The Process:
A divorce begins with the issuance of a summons, which must be personally served on the defendant. Specific claims that can be made in a divorce action depend on the applicable matrimonial regime. The court has jurisdiction in a divorce action if one or both parties are domiciled or ordinarily resident within the court’s jurisdiction.
Procedure for Contested Divorces:
The contested divorce process includes stages like pleadings, setting a trial date, document discovery, pre-trial conferences, the trial itself, and the judgment. Expert witnesses may be involved, including forensic accountants, psychologists, actuaries, private investigators, and child-care experts, each contributing to the case and potentially incurring additional costs.
In challenging times like divorce, having professional guidance can be invaluable. Our legal team is here to support you through these proceedings, ensuring that your rights and the best interests of any children involved are protected.