By Shira Katz Scanlon, Esq.
—-Just because two people no longer want to be married doesn’t mean they can’t get along. It is not uncommon for two soon-to-be-former spouses to discuss the issues particular to their situation and decide they have nothing to fight about.
While an attorney cannot represent both parties in any divorce, one or both parties can retain counsel to discuss the agreement the parties have reached (let’s just split everything in half), additional issues the parties didn’t think about (the kids are babies, so why would we think about who is going to pay for college?) and to identify any concerns for one party or the other (did one spouse waive a right without getting anything in return?).
That attorney can formalize the parties’ agreement by drafting the paperwork that will contain the deal the parties agree to, typically called a Property Settlement Agreement (“PSA”), and sometimes referred to as a Marital Settlement agreement (“MSA”).
Although the attorney will only represent one party, the other party has every right to retain his or her own attorney to review the agreement and weigh in on the issues. Once everyone signs the PSA, a Complaint for Divorce will be filed seeking to finalize the divorce and incorporate the parties’ agreement as reflected in the PSA. The Court will schedule the matter for an uncontested hearing, at which whichever party filed the Complaint will go with his or her attorney to “put through” the divorce. A Final Judgment of Divorce will then be signed by the Judge (the “bizarro” marriage certificate for Superman fans) and then the parties are officially divorced.
Contact Camden County Divorce Attorneys at Adinolfi & Lieberman
Camden County divorce attorneys at Adinolfi & Lieberman are committed to facilitating fair property settlement agreements and representing clients in both contested and uncontested divorce complaints throughout Camden, Burlington and Gloucester County communites including Haddonfield, Cherry Hill, Moorestown, Mount Holly, Marlton, Atlantic City, as well as areas in Eastern Pennsylvania including Philadelphia. Call our office today at 856.428.8334 to speak with an expereinced Camden County divorce attorney or contact us online.
Ms. Scanlon focuses her legal practice on all aspects of divorce and family law. She is dedicated to the timely and effective resolution of your family disputes, including divorce, separation, property settlement agreements, child custody, child support, and domestic violence claims. She is actively involved in the community, including charitable outreach and ongoing legal education for the public.