Divorce Information & Resources

Uncontested Divorce

An uncontested divorce occurs when both spouses agree on all major issues, including property division, child custody, spousal support, and child support. This type of divorce is typically faster, less expensive, and less stressful than a contested divorce. Couples can often complete an uncontested divorce without appearing in court, making it the preferred option when both parties are willing to work together.

Contested Divorce

A contested divorce happens when spouses cannot agree on one or more key issues. This may involve disputes over property division, custody arrangements, support payments, or other matters. Contested divorces often require court intervention, mediation, or litigation to resolve disagreements. While more time-consuming and costly, a contested divorce may be necessary to protect your rights and interests.

Collaborative Divorce

Collaborative divorce is an alternative dispute resolution process where both parties and their attorneys commit to working together to reach a settlement without going to court. This approach emphasizes cooperation, transparency, and problem-solving. If the collaborative process fails, both attorneys must withdraw, and new counsel must be retained for litigation.

Mediated Divorce

In a mediated divorce, a neutral third-party mediator helps spouses negotiate and reach agreements on divorce terms. The mediator facilitates communication but does not make decisions for the parties. Mediation can be less adversarial and more cost-effective than traditional litigation, allowing couples to maintain more control over the outcome.

Legal Custody vs. Physical Custody

Legal custody refers to the right to make important decisions about a child's upbringing, including education, healthcare, and religious instruction. Legal custody can be joint (shared by both parents) or sole (awarded to one parent).

Physical custody determines where the child primarily resides. Like legal custody, physical custody can be joint or sole. In joint physical custody arrangements, children spend significant time with both parents, though the schedule may not be exactly equal.

Factors Considered in Custody Decisions

Courts consider numerous factors when determining custody arrangements, always prioritizing the child's best interests. These factors may include:

• The child's age, health, and emotional needs
• Each parent's ability to provide for the child's physical and emotional well-being
• The child's relationship with each parent and other family members
• Each parent's willingness to support the child's relationship with the other parent
• The child's preference (depending on age and maturity)
• Each parent's stability, including employment and living situation
• History of domestic violence or substance abuse
• Geographic proximity of parents' residences

Visitation Rights

When one parent has primary physical custody, the non-custodial parent typically receives visitation rights. Visitation schedules can vary widely, from every other weekend to more frequent arrangements. Grandparents and other relatives may also petition for visitation rights in certain circumstances.

Marital Property vs. Separate Property

Marital property (also called community property in some states) includes assets and debts acquired during the marriage, regardless of which spouse's name is on the title or account. This typically includes:

• Real estate purchased during marriage
• Income earned during marriage
• Retirement accounts and pensions accrued during marriage
• Vehicles, furniture, and other personal property acquired during marriage
• Debts incurred during marriage

Separate property generally includes assets owned before marriage, inheritances, gifts received individually, and property acquired after legal separation. Separate property typically remains with the original owner and is not subject to division.

Equitable Distribution

Most states follow the principle of "equitable distribution," meaning property is divided fairly but not necessarily equally. Courts consider various factors when dividing property, including:

• The length of the marriage
• Each spouse's contribution to acquiring marital property
• Each spouse's economic circumstances
• The value of separate property
• Future earning capacity
• Tax consequences of property division

Complex Assets

Dividing complex assets like businesses, professional practices, stock options, and retirement accounts often requires expert valuation. Our firm works with financial experts, appraisers, and forensic accountants to ensure accurate valuation and fair distribution of these assets.

Types of Spousal Support

Temporary support is awarded during the divorce process to help maintain the status quo until a final order is issued.

Rehabilitative support is provided for a specific period to allow a spouse to obtain education or training necessary to become self-supporting.

Permanent support may be awarded in long-term marriages where one spouse has significantly lower earning capacity and may continue until remarriage, death, or a change in circumstances.

Factors Affecting Spousal Support

Courts consider multiple factors when determining spousal support, including:

• The length of the marriage
• Each spouse's income and earning capacity
• The standard of living during the marriage
• Each spouse's age and health
• Contributions to the marriage (including homemaking and child-rearing)
• Time and expense needed for education or training
• Assets and property awarded to each spouse