A Divorce, or dissolution of marriage, is the final termination of a marriage, cancelling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the married persons.
A divorce requires the filing (by the Petitioner) of a Summons and Petition in the Superior court in which one party lives. The other party (Respondent) is then personally served with these papers and other required documents. If the Respondent fails to file a response within (30) days of service, an entry of default may be requested. Then the Petitioner can complete the divorce or separation without the participation of the Respondent. If the Respondent files the necessary responding paperwork, the case may still be considered uncontested if the parties are able to agree, in writing, on all marital issues. A Marital Settlement Agreement is the written document that contains your agreement on matters such as the division of your property and debt; spousal support, if any; child support; and child custody and visitation. If you cannot agree on all issues, the case may be considered contested, and the Court will have to resolve all unresolved issues. Once all issues are settled (either by you or the Court), the Court signs the Judgment, and it becomes the final resolution of all your legal issues. It can be issued six months and one day after serving the Summons and Petition.
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