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* Child Support            * Child Custody            * Divorce 

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* Domestic Violence

Important Terms to Remember

Litigation — This basically means “going to court.” If you are in litigation, you have been served with a Complaint, you must file an Answer, and you will be letting a judge make the decisions.

Settlement — If you do not want a judge to decide the terms of your separation, alimony, child support or child custody, then you can come to an Agreement with your spouse and resolve the case in settlement.

Separation Agreement — When you and your spouse reach an Agreement, it is memorialized into a Separation Agreement and Property Settlement. This is a document containing the terms of the Agreement reached by you and your spouse. It can contain terms for division of property, alimony, child support and child custody. Both parties sign a Separation Agreement, and it is notarized to be a valid document. This document cannot be later modified except by agreement between the parties.

Consent Order — If you and your spouse are already in litigation, but you reach an Agreement prior to a judge rendering a ruling, you can enter into a Consent Order. This is a written agreement between you and your spouse that can contain the same terms as a Separation Agreement. The difference between a Separation Agreement and a Consent Order is that a Consent Order is also signed by a judge, and is filed with the Court. A Consent Order may be modified by order of the Court, unlike a Separation Agreement.

Court Order — If you and your spouse are in litigation, but cannot reach an agreement, when the judge renders his or her decision, it is memorialized into a Court Order. This is also signed by the judge and filed with the Court. The difference between a Court Order and a Consent Order is that the judge has made the decisions about the terms, not the parties, and the parties do not sign a Court Order, only the judge.

Enforceability — A Separation Agreement can be enforced by filing a breach of contract action in District Court against the breaching party. This is a civil action, similar any other civil action, and can take several months to resolve.

Both a Consent Order and a Court Order can be enforced by the contempt powers of the Court. Typically, you would file a Motion to Show Cause against the breaching party, and may be able to resolve the issue in a matter of days, instead of months.