A divorce can be either uncontested or contested.
An uncontested divorce can be non-litigious and typically involves the two spouses discussing and negotiating their divorce issues on their own, with a mediator, or with attorneys, and then coming to an agreement on all of the issues.
If mediating, it is strongly recommended that each party retain his or her own “mediation review attorney” before finalizing an Agreement reached in mediation.
If negotiating divorce issues without a mediator, it is strongly recommended that each party retain his or her own attorney for divorce negotiations.
Upon the parties resolving their divorce issues, one party’s attorney may prepare a proposed Marital Settlement Agreement in draft form and present it to the other party’s attorney for review and discussion. After the parties both approve of their agreement and voluntarily sign a finalized Marital Settlement Agreement, one party typically proceeds to file a Divorce Complaint with the Court in order to obtain the divorce decree.