Family Law
Divorce can be an emotionally stressful process. Famularo & Associates are available to counsel you through divorce, legal separation, custody battles, paternity rights, child support, and division of property. Let us help you settle your divorce as quickly and painlessly as possible.
The Types of Divorce Proceedings
Summary Dissolution: A simple type of divorce designed to be done by a non-attorney. The process is much simpler than a regular dissolution, but has many requirements, including the following:
You and your spouse both agree to a divorce, you and your spouse do not own more than $25,000.00 in assets, you and your spouse do not owe more than $20,000 in debts incurred after your date of marriage, you and your spouse have a full agreement, neither you nor your spouse want spousal support, you have no minor children with your spouse, and are expecting none, neither you nor your spouse want spousal support, you have no minor children with your spouse, and are expecting none, neither you or your spouse own any real estate, and your date of marriage was less than five years ago.
Annulment: An annulment wipes away your marriage, and in the eyes of the law you were never married. There is no waiting period, and a court trial is required. Contrary to what most people believe, you cannot qualify for an annulment simply because you were not married very long or your marriage was not consummated. In order to qualify for an annulment, you must meet one of the following requirements:
Either you or your spouse were incapacitated when you took your vows and your spouse are related by blood and closer than cousins, you or your spouse were already married, either you or your spouse were under the age of eighteen and did not have your parent’s permission when you got married, the marriage was based on fraud, and a few other reasons. You will need a lawyer if you are interested in an annulment.
Legal Separation: A legal separation requires the exact same process as a divorce, except that in the end, you will not be divorced. There is a six-month waiting period, child and spousal support can be awarded, custody can be litigated, and property can be divided. Your spouse must agree to a legal separation. People generally chose a legal separation due to religious beliefs, or in order to be eligible for their spouse's social security or insurance benefits.
Dissolution: A dissolution of marriage is the garden-variety divorce. It requires irreconcilable differences, and a waiting period of six months. |