When you retain counsel, one of the first things your lawyer will ask is for numerous documents from you. These documents will give your lawyer information about the nature and extent of your assets and debts, your annual income, any life insurance, and employee benefits available to you. This information is needed to evaluate the issues that may present in your case. If you plan to make any separate property claims, you will need to provide documents to prove your separate assets were either owned before your marriage, or were received via a gift or inheritance to you during your marriage. Your lawyer may need to involve an expert to investigate or value one or more of your assets during this phase.

Once your attorney has collected all the necessary information, consulted with any relevant experts, and advised you on the various options for moving forward, you will begin the negotiation phase. During this time you will work with your spouse to come to a mutual understanding of the terms that will be contained in your written agreements. There are many options for how to negotiate your dissolution. Some spouses feel comfortable talking together without the presence of attorneys, and others may wish to use a mediator or engage in a Collaborative process. It is important that you feel educated and empowered to make decisions for your case during this phase, and your attorney can provide this guidance to you.

After all outstanding issues have been resolved and a mutually agreeable resolution has been reached, your attorney will begin drafting your dissolution agreements. The Separation Agreement contains all terms pertaining to the division of marital debts and assets, and the Shared Parenting Plan contains all terms relating to the care of your minor children, including any child support and children’s expense sharing provisions. If one party is receiving sole legal custody of the children, a Shared Parenting Plan is not required.

In a dissolution, the Court does not get involved until the very end. Once you have signed your dissolution agreements, they will be filed with the Court by your lawyer, along with a Petition for Dissolution and a number of other required forms. The Court will then schedule a short hearing to confirm your agreements on the record, and your dissolution will be finalized within a few weeks of that hearing. Most hearings in our local Courts are now held by Zoom or telephone, so an in-person appearance is rarely required.