Let Us Help You Streamline Your Divorce
The decision to divorce is a difficult one, and the divorce process can be exhausting and overwhelming. The legal issues can be complex and how these issues are resolved will have a long lasting impact. You will need a thorough understanding of the various issues that concern you and your family. Together with your attorney, you will need to come up with a plan that will work for you and your family. No two cases are ever the same and no two outcomes are identical. You have divorce options.
The attorneys at Hoff, Claringbole & Quigley, LLP, are skilled and experienced in representing clients as they address the important issues that need to be addressed in a divorce action. These may include child custody and placement, child support, spousal support (maintenance or alimony), and property division.
Commencement – How Does A Divorce Begin?
A divorce action is initiated by filing a petition. A divorcing couple may file paperwork together as a joint petition or one spouse may file the paperwork as the Petitioner and the other spouse will be referred to in the legal case as the Respondent. If a divorce is filed by one party, the other spouse will need to be given notice that the divorce has been filed. A spouse receiving the paperwork may chose to sign an admission of service stating that they receive the paperwork. If need be, a process server can be used to deliver the paperwork.
Is There A Waiting Period?
There is a 120-day waiting period before a divorce can be finalized. This 120-day waiting period begins when the Respondent receives notice, or when he or she signs the admission of service. See our page on legal separation.
Will There Be A Temporary Order In Place During The Waiting Period?
As part of the divorce process, it is often necessary and almost always helpful to have a temporary order in place. When our attorneys file an action for divorce, we will usually schedule a temporary order hearing about a month after filing. The purpose of a temporary hearing is to put in place an order that will be in place while the divorce is pending. Temporary orders may address which spouse stays in the house during the divorce action, where the children will reside, support amounts, which spouse is paying which bills and how personal property is to be used during the divorce action.
Stipulated Divorce Vs. Contested Divorce
Frequently, clients start this process without a full agreement and are anticipating a contested divorce. A stipulated divorce is a divorce where all issues are resolved without a court having to make decisions.
If agreements cannot be reached, our highly effective attorneys are skilled and experienced in litigation, trial work and depositions. If litigation is necessary, we will zealously represent our clients’ interests in presenting evidence and testimony to advance our client’s interests.