Resource Room
Welcome to our Resource Room, where you’ll find topics and information relevant to your journey through the divorce process.
FAQs
Question: What is the difference between a dissolution and a divorce?
A dissolution is a process where the parties have agreed on all issues including the allocation of parental rights and responsibilities (custody and child support), division of marital property and debt, and spousal support prior to filing the documents with the court. Both parties must sign the Separation Agreement and court documents and attend one hearing in court.
A divorce is a proceeding where the parties do not have a complete agreement, and one or both spouse files the required documents with the court to start the process. Only one spouse needs to participate in this court proceeding in order to obtain a divorce. However, usually both parties participate.
Attorney Rocci will assist you in making well-informed decisions during your negotiated dissolution or divorce settlement. All issues can be satisfactorily resolved between the couple by separating their assets while maintaining their dignity in the process. Negotiated dissolution or divorce is more respectful as well as more cost effective. We are here to provide you with the legal service and support you need while helping you reach a beneficial agreement.
Question: Where do I start?
In order to divorce in the most stress-free and least expensive manner, a dissolution or uncontested divorce is a logical first choice.
This means that you and your spouse will need to agree to dissolve the marriage in this fashion. You may either speak to your spouse about whether he or she would be willing to enter into an agreement, or if you do not feel comfortable speaking to your spouse, then Attorney Rocci will send your spouse a letter inviting the spouse or his or her legal representative to call the office to discuss the terms.
Question: My spouse and I do not know what the agreement should be, but we would like to come up with an agreement. What should we do?
Call Attorney Rocci’s office as this is her specialty. She offers you several options:
Option 1. Negotiated Dissolution
- Both of you attend the hearing
Option 2. Negotiated Uncontested Divorce
- Your spouse does not need to attend the hearing
With Options 1 and 2, Attorney Rocci represents one of you, and your spouse can either hire his or her own attorney or not, depending on his or her comfort level.
- The attorney helps you come up with the agreement which is presented to your spouse.
- Your spouse can participate in the negotiations as much or as little as desired.
- Your spouse can even hire his or her own attorney to negotiate.
Option 3. Private Mediation
Attorney Rocci does not represent you or your spouse as your lawyer. Instead, you hire her as a neutral third party to assist the two of you in reaching an agreement.
Question: Does the Judge always decide my case?
It is common for many people to imagine that a judge determines the terms of a divorce, dissolution, or custody agreement. However, in most cases, the terms of the divorce, dissolution, or custody issues are negotiated and agreed upon by the parties themselves and usually through their respective attorneys. Such terms are incorporated into a legal document known as a Divorce Decree or Separation Agreement, or Custody Agreement.
Question: What is an Airtight Agreement and why is it important?
Once your case is over, you will be left with a very specific legal document known by various names, Divorce Decree or Separation Agreement, Agreed Judgment Entry, Shared Parenting Plan or Custody Agreement. This document is your legal contract which is enforceable by the Court. Thus, it is crucial that the document accurately reflect your agreement.
Attorney Rocci has been drafting such agreements for thirty years, and she pays attention to the details to determine all the ways your particular agreement can be construed by the Court. You and your spouse must understand all of the terms of the agreement, and it needs to be written correctly. An airtight agreement will decrease the chance of going back to court once your custody case, divorce or dissolution is finalized. And if you do have to go back to Court on a post decree motion, a correctly written document will assist in your success.
Courageous Wings Within:
Growing Through Divorce to Live an Extraordinary Life
By: Melissa K. Rocci
Attorney Rocci shares her personal journey as a divorced parent through her own story of courage and personal transformation through divorce as she openly shares her powerful insights to live an extraordinary life.
Click here to learn more or get your copy now