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understanding the documents to a dissolution

Affidavits: In order to complete a dissolution, both parties are required to fill out and have notarized affidavits which set forth financial information, parenting information, insurance information, and property information, among other personal information. These documents are required by the court to fully disclose each party's position prior to completing the dissolution. Without these affidavits completed, the court will not proceed with the dissolution. 

Petition: The petition is the legal document requesting the court to hear the matter and issue a decree that incorporates the separation agreement and shared parenting plan.  

Waiver of Service: Waiver of service is required to waive each party's obligation to "perfect" service on one another prior to proceeding in court. 

Share Parenting Plan (if applicable):  If children are at issue among the parties, a shared parenting plan is drafted and incorporated into the decree to set forth parenting schedules, child support obligations, and the rights and responsibilities amongst the parties. 

Separation Agreement: The separation agreement sets forth the separation of assets, liabilities, personal property, spousal support, and other relevant issues, if any. 

Decree of Dissolution - The decree incorporates all of the aforementioned agreements and makes them an order of the court. The decree is the document that turns the agreements into court orders enforceable by the court and subject to contempt upon violation.

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Benefits/ disadvantages of a dissolution

Benefits of a Dissolution. An uncontested divorce/dissolution can often save clients significant money and time. In order for a couple to be able to have an uncontested divorce, they must have no remaining disagreements as to the distribution of their assets, debts, child custody, and various support arrangements. While deciding to have a divorce is a contentious and difficult situation in itself, the financial and emotional demands involved in the legal separation often increase the conflict. An uncontested divorce/dissolution can decrease the amount of conflict between the two parties by providing them with less to fight about in the first place and a quicker resolution. If you feel that you may be eligible or well suited for an uncontested divorce an experienced and professional family law lawyer is necessary to resolve all issues efficiently and fairly. Hoffman Law has been helping walk couples through uncontested divorces/ dissolutions since 1984. Our office has successfully settled hundreds of uncontested divorces.

Disadvantages of a Dissolution. Even though a dissolution/uncontested divorce may seem like a quick and easy option for couples, many divorces demand a deeper and more complex evaluation to serve both parties fairly and to resolve their individual needs and best interests. Uncontested divorces also do not provide parties with unresolved issues and/or complex distributions the attention they need. Specifically, divorces involving children and significant assets and liabilities often involve resources far beyond the scope provided in an uncontested divorce.

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