Answers To Your Frequently Asked Family Law Questions 

A: A divorce is the termination of a marriage wherein one of the parties are not agreeable to terminating the marriage; or the terms of the separation. This is a longer process because often it is necessary to go through much negotiation and obtaining discovery in order to equally divide the parties’ assets. Also, a divorce is usually necessary in a case where custody of the children is in dispute. A divorce usually takes longer than a dissolution and requires additional costs and fees.

A dissolution is the termination of a marriage when both parties wish to terminate their marriage and they are able to agree to the terms of the dissolution or separation.

A: Often, issues arise after the finalization of a divorce or dissolution regarding custody of the children, visitation or child support. When this occurs, the parties can agree to changes in their agreement, or if that is not possible, one of the parties will need to file a “post decree motion” which essentially means filing to get back into court to resolve the dispute. 

A: A post decree motion is any motion filed after a divorce or dissolution is final and issues have arisen that need to be dealt with. These are usually issues regarding custody, visitation, and child support. Another form of a post decree action is a contempt action.

A: A contempt action is a motion filed by one party to find the other party in contempt for not following the previously journalized agreement or court order. Sometimes the only way to get the other party’s cooperation is to file a contempt action in court. 

A: Estate administration is the processing of a person’s estate through Probate Court after they have passed away.