The 3 Ways for Divorce to Proceed

1.    Divorce by Agreement
2.    Divorce by Default
3.    Divorce by Trial

Divorce by Agreement means that the spouses agree on the issues of their divorce and are willing to sign a Marital Settlement Agreement.  When spouses agree, the respondent (the one who is served with divorce papers) does not need to respond. The Marital Settlement Agreement is very detailed.  It addresses all issues that occur in the divorce.  Issues are things like division of property (property includes real estate such as a home or condominium, debt, retirement funds, investments funds as well as special collections of value), spousal support, and issues regarding children (custody, visitation and support of children).  Once both parties sign and notarize the Marital Settlement Agreement they do not have to go to court and the divorce is awarded in an easy and efficient manner.

Divorce by Default means that when served with divorce papers, the spouse does not respond and does not wish to sign a Marital Settlement Agreement.  If the spouse does not respond by the 30 day period, then default papers can be filed with the court and the petitioner (the one who filed for divorce) would simply go to the ‘default’ hearing before the judge.  Usually, the petitioner’s reasonable requests are granted.

Divorce by Trial means that when served with divorce papers, the spouse responds within the 30 day period.  When the spouse responds, it usually means that he/she is not in agreement with some or all of the issues involved in the divorce.  Note, that this is not always the case.  Sometimes the spouse responds because he/she may think that they have to respond—however, when served with divorce papers, one does not have to respond if in agreement.  In addition, he/she may respond and then reconsider and decide to agree.  If, however, when responding both parties cannot come to agreement then a trial may be the only alternative.  In that case, the petitioner (the one who files for divorce) may choose to continue in the Legal Action Workshop  ‘a la carte’ system and request a trial setting, prepare a trial brief and go to trial with or without an Attorney all for flat fees.  The petitioner may also choose full representation for an hourly fee and retainer.