All are correct depending on your individual circumstances.

1. Workout an agreement on your own and hire an attorney to prepare the documents. Keep in mind that often non-lawyers/non-mediators do not anticipate all of the issues that must be resolved and included in an agreement in order to obtain the court’s approval of it.
2. Attempt to complete the paperwork by yourself. This is burdensome and Nancy strongly suggests that you have an attorney review your documents.
3. Hire an Attorney from the beginning to direct the operations, conduct negotiations and/or schedule and participate in Mediation, and in a formal hearing/trial when necessary.
4. Hire a Mediator to conduct the mediation/negotiation process to assist you in achieving resolution of the issues in dispute with the goal of arriving at a complete settlement agreement.

It is not necessary to get your spouse's consent to get a divorce. However, one must be able to prove a legally recognized ground for divorce in order to obtain one. This does not prevent you from working together to achieve a divorce amicably.

• Adultery
• Desertion for a period of one year
• Physical cruelty
• Habitual drunkenness - there must be a finding that the "drunkenness" is caused by the abuse of alcohol or a narcotic drug.
• If the couple has lived separate and apart for a continuous period of one year or more, divorce is a legal option. Under these circumstances, one may initiate a court filing as soon as the parties have physically separated. A request for divorce may be made after one year of separation has passed. During the separation, settlement discussions, an exchange of information, and/or mediation may occur, resulting in a settlement agreement.

Having an amicable divorce does not mean that you should overlook the fact that its outcome will affect your future, and certain terms established may not be subject later to modifications. Each party should insure that they are fully aware of all legal ramifications of their decisions prior to its entry by the Court as an order of the Court.

Obtaining a final order in Family Court is the only way to obtain a divorce. Before a final order is entered, decisions must be made about dividing property and debts, establishing parenting schedules and custody of children, and setting child support and or alimony, if appropriate. These tasks may be overwhelming without the help of legal professionals. Depending on the cooperation between the parties, resolution may be pursued through their respective counsel, mediation, or a Court following litigation.

If your spouse is in the military service, he or she is protected by the Soldiers and Sailors Civil Relief Act.  It provides that if military personnel cannot attend a court hearing because they are in the military, then they cannot have judgements and court orders entered against them. However, it does not prevent a serviceperson and their spouse from entering into an agreement to settle all issues and have a Judge enter an order for divorce based on that Agreement. Nancy as Attorney and Mediator has worked with numerous military service men and women, and their spouses to assist them in becoming divorced.

Relocation

Establishment of Paternity
Equitable Distribution of Assets
Equitable Division of Liabilities
Pre-Nuptial Agreements and Post Nuptial Agreements
Termination of Parental Rights
Establishment of Paternity
Name Changes

Choosing an attorney who is interested in resolving issues without court intervention and who is experienced and able to litigate a case, is ideal. Opposing parties who know that their spouse’s attorney is “trial ready” are often more motivated to avoid litigation. Nancy's trial experience promotes the creation of agreements between parties.

As part of a divorce action, one may ask the court to restore his/her prior name, or change his/her name to something else in the final orders.  If it is your desire to do so, you will be asked the following questions for the Court’s consideration:

1. Are your requesting this name change to avoid any criminal prosecution or outstanding warrants?
2. Do you have a record of criminal convictions?
3. Have you ever filed bankruptcy?
4. Are you named on any registry of sexual offenders?
5. Are you named on any registry of persons who have committed abuse, neglect, harm or threats of any abuse, neglect or harm to any child or children?
6. Have you been denied a passport?

If you can truthfully answer the above stated questions in the negative, the Court may allow for the name change as a part of the Final Order of your divorce.