We can help to expeditiously handle divorces. If both spouses agree, we can process an uncontested divorce. First we need to resolve the agreement between the spouses, prepare a Summons and Complaint and file them in Court. Immediately thereafter the defendant spouse must be served and the defendant spouse’s attorney must prepare and file an appearance in Court to accept process for the defendant and answer that the divorce is uncontested. An agreement between the parties as to the distribution of joint property and provisions for custody of children may be incorporated into the divorce decree.
A contested divorce is conducted like any other trial. It begins with a Summons and
Complaint and then the defendant must answer. Discovery proceedings may be
conducted and then a trial is scheduled before a Judge and Jury, depending on the wishes of the
parties. After the trial a decree is issued which is binding.
BASES FOR DIVORCE
A husband and wife may obtain a divorce for any of the following reasons:
- Cruel and inhuman treatment by the defendant so as to endanger the physical or mental well being of the plaintiff;
- Abandonment of the plaintiff by the defendant for one or more years;
- A criminal sentence confining a defendant for three or more years after the marriage;
- Adultery defined as sexual or deviate sexual intercourse, voluntarily done by the defendant with a person other than the plaintiff after the marriage;
- After a judgment of separation, the parties have lived apart for one year or more and the plaintiff has complied with the separation order;
- After a written agreement of separation has been entered into that has been subscribed by the parties and is in a form equivalent to that of a deed and the parties have thereupon lived apart for one year or more and the plaintiff has complied with the agreement of separation
and such agreement has been filed with the County Clerk wherein either party resides.