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UNCONTESTED DIVORCE

DIVORCE MEDIATION

SEPARATION AGREEMENT

SPECIAL SERVICES

MILITARY DIVORCE
RUSH DIVORCE
ANNULLMENT
POST-DIVORCE LITIGATION

The types of divorce & separation options described represent what happens in,
the vast majority of cases.
Of course, because people
and situations are different, there may be
an exception or additional issues.

FOR MORE INFORMATION,
CALL FOR A FREE CONSULTATION OR ASK
ABOUT OUR DETAILED FACT SHEETS.

UNCONTESTED DIVORCE
THE ADVANTAGES

FASTEST/ LEAST EXPENSIVE: The discussions as to the terms and grounds have already taken place, and both have basically been agreed to.

LEAST AMOUNT OF LAWYER & COURT INVOLVEMENT: No other attorneys need be involved.

HOW IT WORKS

If you're reasonably sure that your spouse will agree to the divorce, as well as the terms and grounds, then uncontested divorce is a popular option that allows both of you to go your separate ways with a minimum of fuss.

You need to be able to itemize your assets and debts and how you want them divided, which your attorney will quickly review to make sure you aren't being shortchanged. If children are involved, you have to be able to put in writing what you and your spouse have agreed to regarding custody, visitation and child support.

Your attorney then prepares the paperwork which you and your spouse must sign and notarize. Once the papers are filed with the court, you simply have to wait for the judgement—averaging 2 to 6 months, depending on which County you live in. The divorce is then final.
MEDIATION
THE ADVANTAGES

QUICKER: You and your spouse’s time is spent working on a settlement, not fighting each other.

LESS EXPENSIVE: You pay for one mediator, not two attorneys.

LESS STRESSFUL, MORE EMOTIONALLY POSITIVE: Focus is on problem-solving, not blame. Promotes communication and cooperation that can extend into your future relationships—especially important when children are involved.

DIVORCE LITIGATION: Research shows higher satisfaction and compliance rates because you, not the lawyers and judges have made the decisions—which are all completely voluntary.

HOW IT WORKS

In mediation, the settlement process begins immediately. Unlike adversarial attorneys, mediators are trained to diffuse tension. Even couples who are barely speaking to each other find they can express their needs and concerns to a neutral mediator who is there to make sure neither party dominates, or takes advantage of the other and that all financial information is disclosed. Working together, you can arrive at fair and creative solutions to such issues as:
  • Distribution of assets, property & debts
  • Spousal & child support
  • Parenting arrangements (custody & visitation)
  • Tax implications
The mediation is done when both parties are satisfied. A written agreement is then drawn up. Once signed, it is legally enforceable, so many people choose to have their own attorneys review it before signing.

FEES: Dramatically less than an contested divorce. No up-front retainer fees are required and a flat hourly rate is charged after each session. All couples are different, so the mediation process can take as little as 2 hours, with the average time being 6 to 8 hours spread over several sessions.

SEPARATION AGREEMENT
THE ADVANTAGES

  • You don’t have to decide whether you want the finality of a divorce right now.
  • One of you needs more time to adjust.
  • Eases children into the idea of their parents divorcing.
  • After 1 year, entitles you to a no-fault divorce.
HOW IT WORKS

Like a divorce, decisions must be made concerning the terms of agreement, including distribution of assets and debts, financial arrangments and a parenting plan if children are involved. This can be done through mediation process or by hiring separate attorneys.

Once the terms are worked out, a Separation Agreement is prepared by the mediator, signed by both parties and filed with the court. At that point the Separation Agreement is legally binding.

After 1 year, either spouse can fle for an uncontested divorce since the terms have already been resolved.
SPECIAL SERVICES
MILITARY DIVORCE

These divorces are requested because of, and the result of, long separations from their spouses demanded by military service. Frequently the person seeking the divorce is overseas and needs an attorney to look after their interests, long distance. The divorce process needs to be uncomplicated and not require an in-person court attendance. We have special experience in this challenging area.

ANNULMENT

An option for people who, for religious or personal reasons, would prefer to define themselves as “never married”. You must be able to provide serious grounds, such as fraud, and verify the allegations by a third party. The annulment process and timetable are similar to an uncontested divorce.
"RUSH" OR EXPEDITED DIVORCE

An option for people who can’t wait months for a conventional divorce to be processed due to special circumstances—you’re getting remarried, want to legitimize a birth or have a legal conflict that requires an unmarried status, such as buying property. If you have the necessary proof, we can help “push” your divorce through the courts in time to meet your deadline.

POST-DIVORCE MEDIATION

Even though you obtained a legal divorce, issues can come up later.

Maybe your spouse is not paying spousal or child support on time or not paying the full amount. Maybe you lost your job or your income has been cut. Or something has arisen that was not covered in the original divorce judgement. Bill Hoefer is an expert at finding solutions that meet the needs of both partners, while respecting the terms of the divorce. He can offer legal alternatives that save the hassle and expense of going back to court to relitigate, where you run the risk of having the judge make the decisions for you.