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The difference between a divorce and a dissolution is in the documents required in the initial filing with the court and the procedure that follows. To understand the differences, lets look at the similarities. In both a divorce and a dissolution you get a final court order that:
- Terminates the marriage
- Allocates all debts, assets
- Sets forth all support orders - child and spousal
- Provides the terms of the parenting arrangement
The difference is in the process of how you get to the end result.
In a Dissolution the parties have worked out all issues and reached an agreement on all terms (debts, assets, child support spousal support, parenting, etc.) The agreements are set forth in a document called a Separation Agreement. If the parties have entered into a shared parenting plan, then that arrangement is set forth in a separate document called a Shared Parenting Plan. The Separation Agreement is filed with the court with ... Read More
A shared parenting plan is a plan that sets forth the arrangements for the parenting of a minor child or children (children that are 18 and under and not graduated from high school) The term shared is a term that does not denote ownership, as does the term custody. One gets "custody" or ownership of personal property. One does not get ownership of a child. Both parents have rights to parenting time. Some courts prefer to see the parenting arrangement set forth as a Shared Parenting Plan.
Misconceptions of a Shared Parenting Plan
- Fifty-Fifty Allocation of Time
Many parents think that if they term a parenting arrangement shared that each parent has the exact same amount of time with the child. This is not true. Courts have created a set schedule for a standard parenting arrangement for situations where one parent is the residential parent and the other has the standard parenting ... Read More
1. Selecting An Attorney
ASK FAMILY AND FRIENDS FOR A REFERRAL Many times a person has dealt with an attorney for estate planning or other matters. That attorney may have an associate or an attorney in another office that they refer persons to when dealing with family law matters. If an individual or another attorney is willing to make the referral, then it means they have some experience with and or confidence in the attorneys abilities. RESEARCH Do an online search on any attorney before setting a consultation. Look to see what areas they practice in. Do they primarily focus on family law/divorce work? Does the attorney practice in your county?
2. Prior to Consultation
CALL Call to schedule an initial consultation, do not just show up at the office. You should expect a prompt response to your phone call. If you do not receive one, keep calling around. ... Read More
1. WHAT IS A SEPARATION AGREEMENT
A separation agreement is simply a document that states what each party's responsibility is when a couple is separating either prior to or during a divorce. It is in essence a contract that assists the parties in knowing their respective rights and responsibilities. This agreement is meant to set forth all debts, assets, and property of the parties as well as parenting matters. It should clearly state what each party is entitled to retain, what each party is responsible for and what their rights are regarding parenting issues.
2. WHEN IS A SEPARATION AGREEMENT USED
A separation agreement is used when and if the parties have an agreement on the division of all debts, assets and parenting matters as well as support. A separation agreement can be drafted and entered into at any time. This can be while the ... Read More