Divorce – What are the Issues and Where to Start

Divorce results in a settlement or a trial.  A divorce agreement can result in a Dissolution Decree, or in a Agreed Judgement Entry Decree of Divorce. In both situations, the end result is the same.  The parties are agreeing to each and every term involved in the termination of their marriage.  The primary difference between the two options is, the timing as to when the parties reach the agreement. If the parties are in disagreement, the only way to start the process by filing a complaint for Divorce.  Terminating a marriage by filing a complaint is an “adversarial” type of proceeding in which the parties are not able to reach an agreement without court intervention.

Divorce – How To Find Out The Truth

The parties may conduct extensive “discovery” to:

  • determine the value of assets and liabilities,
  • find “hidden” assets,
  • determine what is in “the “best interests” of the children,
  • and determine the appropriate ground or reason for the divorce.

The Court and parties will review and value all of the assets and debts of the parties, including separate, inherited, premarital or “separate” as well as marital assets and debts. Then, the Court will divide and assign values to each and every marital asset and debt of the parties. The Court will also rule on all issues relating to the minor children of the parties including the future residence(s) and or schools for the children, the parents’ involvement in decision making for the children, support for the children, medical insurance for the children, and the use of dependency exemptions. Divorce may also involve issues concerning support of the former Husband or Wife (Also see Spousal Support (Alimony) section of this website).

Divorce – Should You Settle or Go To Trial

At any time after the filing of a Divorce the parties may “settle” the pending issues and thus avoid the expense and time in having the Court “decide” or make Orders regarding those issues after an actual evidentiary trial. If the parties settle, they may agree upon the terms of an Agreed Order and ask the Court to approve said terms. In a contested trial, the parties present evidence to the Court on all disputed issues. These issues could range from “every” issue which could possibly be before the Court, to the submission of just one issue, such as “custody“, or the valuation of marital interest in a particular asset such as a family business or medical practice.  It is absolutely critical for anyone involved in the termination of a marriage to obtain experienced legal advice when trying to figure out whether a Dissolution or Divorce is best for them.

The Law Office of Anthony W. Greco provides each and every client with professional, aggressive and practical representation. Our top priority is our client’s unique goals and concerns. Our firm has experience preparing for all issues involved in a divorce or a dissolution. From complex, high-asset, and emotionally charged cases, to the most basic and amicable dissolution, Attorney Greco’s team is prepared to aggressively represent our clients’ concerns and interests from the first day of representation through trial.  Click Here to contact us and see what sets us apart from other firms. 

Divorce Decree

For More of a Discussion on Divorce vs. Dissolution — What Is the Difference, Click Here.

To read more about the various areas within the family law field, Click Here