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How to Proceed

To proceed, you or your attorney must fill out forms and file them with Family Court. If you and your spouse agree on all the terms of the divorce, this is called an “uncontested divorce.” In an uncontested divorce, you do not have to appear in court if the judge approves your forms. The court staff will let you know whether the judge has approved the forms or if corrections are needed. You are legally divorced only after the judge has issued a final divorce decree.

In cases where the couple cannot agree, the judge will decide the unresolved issues. Some of the things that must be settled during divorce proceedings are:

  • Who will have custody of the children? Who will have visitation?
  • How will the property be divided?
  • How will the debts be divided?
  • Who will pay child support and how much?

While the divorce case is going on, the judge can also decide:

  • Where the children will live.
  • Who will pay the children’s expenses.
  • If one spouse will have to pay to help support the other.