Primarily, a divorce action terminates the marriage and allows each of the spouses to return to life as an individual. A divorce decree means that each person is now free from any influence from the other. Neither party can any longer create debt for the other, generally beginning with separation, although without a divorce decree, legal issues can arise. It is important to protect yourself and get to the finalization of the case as soon as possible.
The client is generally better situated if they file for the divorce as opposed to being labeled the, “Defendant,” in the case. We work hard to assure that our pleadings are correctly drafted and filed so that the Department of Court Records timely processes and correctly moves the matter through the system. Rarely, is a client happy about having to file for a divorce, but we work at keeping the process on pace and as painless and cost effective as possible.
In addition to allowing the parties to move on with their lives, the divorce process will usually include, “Equitable Distribution,” of the marital assets. When individuals marry, they create a legal entity known as a, “Marital Estate.” This is basically a grouping of the assets and liabilities that the parties mutually own and owe. When the marriage dissolves, the Court attempts to, “Equitably,” divide the assets and debts between them. This process can be smooth, at times, and be resolved by means of a, “Marriage Settlement Agreement,” when we draft the agreement, the parties sign off and the Court is never involved. OR, if the parties cannot agree, the case can proceed all the way through a, ED trial. Diulus Law has a strong history of getting to agreements that are most advantageous to our clients, but with the reasonable approach that does not lead to outrageous legal expenses created by taking outlandish ED negotiating positions.
Don’t allow the end of a marriage unduly impact on your emotional health. Diulus Law will guide you painlessly through the process