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Divorce & Adultery
- Divorce by Agreement
- Divorce by Mediation
- Judicial Divorce
- Custody, Parental Authority
& Visitation - Division of Property
- Adultery Damages Claims
Divorce by Agreement
Divorce by agreement (uncontested divorce) is a divorce in which both spouses mutually consent to end the marriage. The spouses reach agreement on the divorce itself and on matters such as parental authority and custody of their children, obtain confirmation of their intent to divorce from the Family Court,
and then complete the divorce by filing a divorce report with the local government office.
Documents Required to Apply for Confirmation of Intent to Divorce by Agreement
- One (1) Application for Confirmation of Intent to Divorce by Agreement
- One (1) Family Relationship Certificate for each spouse
- One (1) Marriage Relationship Certificate for each spouse
- If there are minor children (excluding children who will reach adulthood within the cooling-off period): one (1) original and two (2) copies of the written agreement on the children's custody and the designation of the holder of parental authority, or three (3) copies each of the Family Court's certified adjudication and certificate of finality
Divorce by Agreement: Procedure
Spouses agree to divorce
Apply to the Family Court for confirmation of intent to divorce
After the cooling-off periodFamily Court confirms the intent to divorce and related matters
File the divorce report with the local government office
Cooling-off period
With minor children: 3 months
Without minor children: 1 month
The Cooling-Off Period
Divorce by agreement is subject to a mandatory cooling-off period; the divorce does not take effect immediately. Once the application is filed, the couple must attend two confirmation hearings on their intent to divorce.
Couples who have applied may also request divorce counseling from the Family Court. The system exists to discourage impulsive, emotionally driven decisions and to ensure that divorce is not taken lightly.
The cooling-off period is three months if the couple has minor children and one month if they do not; only after it has passed can the court confirm the intent to divorce.
Couples who have applied may also request divorce counseling from the Family Court. The system exists to discourage impulsive, emotionally driven decisions and to ensure that divorce is not taken lightly.
The cooling-off period is three months if the couple has minor children and one month if they do not; only after it has passed can the court confirm the intent to divorce.
Pros and Cons of Divorce by Agreement
Divorce by agreement is a smooth way to dissolve a marriage when both spouses agree on the divorce and on who will hold parental authority and custody, and there are no significant issues regarding consolation money or division of property.
It does have drawbacks, however: the mandatory cooling-off period; the fact that the parties must settle every issue themselves; the need to draw up a separate, legally binding written agreement on consolation money and division of property; and the fact that, absent such an agreement, either spouse may file suit over consolation money or division of property even after the divorce is finalized.
Accordingly, judicial divorce is the more suitable option when the spouses cannot agree on the terms of the divorce, when consolation money and division of property must be determined, or when you want a clear and prompt dissolution of the marriage.
It does have drawbacks, however: the mandatory cooling-off period; the fact that the parties must settle every issue themselves; the need to draw up a separate, legally binding written agreement on consolation money and division of property; and the fact that, absent such an agreement, either spouse may file suit over consolation money or division of property even after the divorce is finalized.
Accordingly, judicial divorce is the more suitable option when the spouses cannot agree on the terms of the divorce, when consolation money and division of property must be determined, or when you want a clear and prompt dissolution of the marriage.
PROCESS
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Hands-on Client Support
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01
Request a Consultation
Our Managing Partner conducts the consultation personally,
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Engagement & Initial Response
Once we are retained, a dedicated attorney is assigned
and work on the initial response and strategy begins immediately. -
03
Evidence & Case Review
We closely examine the facts of your case and the evidence,
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04
Tailored Strategy
The attorneys on your case, including our Managing Partner, meet in person
to design a strategy tailored to your specific matter. -
05
Precedent & Legal Analysis
Drawing on DAEON's winning cases, comparable precedents and Supreme Court doctrine,
we identify the most effective course of action. -
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Drafting & Reviewing Legal Documents
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Direct Representation at Investigations & Trial
From attending police questioning and detention-center visits to appearing at every hearing,
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Results & Follow-up Support
We share the final outcome with you and provide practical assistance
through actual recovery and any follow-up enforcement.