Contested and Uncontested Divorce
An often-quoted statistic is that 50% of all marriages end in divorce. The process that couples must go through to obtain a divorce will vary depending on whether or not the divorce is “contested” or “uncontested”. You and your spouse may have rights to each other’s income, pensions, home, and other property, and decisions must be made on how to divide the property between the two of you. In an uncontested divorce, the parties have agreed on the terms of the divorce, including issues of child custody and support, division of assets, debt allocation and alimony. This is often accomplished through a “marital separation agreement” and mediation.
An uncontested divorce can be fairly simple to obtain, and is often much less expensive than a contested divorce. In a contested divorce, you and your spouse are unable to agree as to how your assets and/or debts are to be divided, who should be the primary residential parent, child support, child visitation, alimony, or any number of other issues. This can lead to protracted litigation in which a judge will ultimately decide these issues. Litigating a contested divorce is time consuming, emotionally draining, and expensive. If you’re going through a divorce and need legal assistance, We can Help. Call Today!
Equitable Distribution is the division of martial assets and liabilities. In order to accomplish this an attorney, sometimes with the help of appraisers and CPA’ s must:
I) Locate all potential marital assets or liabilities;
2) Discern if the asset or liability is marital;
3) Accurately value the asset or liability;
4) Determine which asset or liability would best serve his client.
Equitable Distribution does not necessary equate to equal distribution.
Modification of Final Judgment of Dissolution of Marriage
A modification of a Final Judgment of Dissolution of Marriage is appropriate when there has been a substantial and material change in circumstances. Modifications are appropriate for child support, relocations, age or maturity of the child, alimony, etc