Divorce and Legal Separation

When sexual violence occurs between family members then the family dynamics may need to change in order for you to break free of the abuse. For many people, this means that married people may need to separate or get divorced. While going to family court may sound scary, a lawyer at Jane Doe is ready to take you through the process and help decide which options are best for you.

Divorce.  If you are married to an abusive partner, then you may be considering a divorce. When getting divorced, you are taking a legal marriage and officially terminating it. At the end of a divorce, the two people are no longer married. Their assets and other joint rights are split so that they may go on living independent lives. A divorce may involve several issues depending on the specific circumstances of each family. Issues commonly involved in a divorce include maintenance/alimony, dividing property, splitting financial assets, and dividing debts. For people with children, child custody, visitation, and child support are also decided during the divorce process.

Legal Separation. For some people, divorce is not an option because of personal circumstances or beliefs. For example, some people cannot get a formal divorce because of their religious beliefs or fear of family backlash. In these cases, a legal separation may be an alternative. The issues in a legal separation are similar to those in a divorce as two people prepare to go their own separate ways. Property, assets, debts, and issues surrounding child custody and support are decided the same way they would be in a divorce case. At the end of a legal separation, however, you are not free to remarry since you are still legally married.

Litigation vs. Alternative Dispute Resolution. In some cases, family court issues can be resolved through mediation, negotiation, and/or collaboration efforts. We at Jane Doe are happy to help facilitate these out-of-court settlements in order to achieve a desirable outcome that creates as little interference in your life as possible. If those efforts are unsuccessful, then Jane Doe is ready to litigate and work hard to take your case to trial. At each stage of the process, you are kept informed of the circumstances, educated about the legal process, and is in charge of making all final decisions.


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