Divorce Law

Divorce, or “dissolution of marriage,” is the legal termination of the marital relationship. The divorce process is handled by family law attorneys (each estranged spouse retains his or her own counsel) and involves a number of issues, ranging from division of property to child custody. While it’s important to hire a lawyer who is skilled at your economic and other interests in a divorce, it is crucial to find an attorney with whom you feel comfortable on a personal level. Divorce is an intensely emotional process, requiring delicate people skills in addition to legal know-now.

It may make sense to complete a divorce without hiring a lawyer in some limited cases, as long as neither party has representation and there are no minor children involved (FindLaw sells do-it-yourself divorce packages). But most divorces, particularly those involving dependent children and/or complicated property issues, go more favorably with the counsel of a divorce attorney. And if your estranged spouse has an attorney, it’s always wise to hire one yourself.

Terms to Know

• Custody: Having rights to your child. Custody can be either legal, which means that you have the right to make important decisions about your child’s welfare, or physical, which means that the child lives with and is raised by you.
• Prenuptial Agreement: An agreement made between a man and a woman before marrying in which they give up future rights to each other’s property in the event of a divorce or death.
• Stipulation: An agreement entered into by the divorcing spouses that settles the issues between them and is often entered into the court’s final order or judgment and decree

Issues Involved in a Divorce

At its most basic, a divorce is a legal process by which two parties terminate their legal and financial relationship. But each divorce is unique and most involve disputes over things like child custody or division of property.