About Divorce

Uncontested Divorce is one in which both parties have come to an agreement about how the divorce will be settled. All property is divided among the two, including stocks, bonds, retirement funds and cash deposits. The couple decides who will be the primary caregiver to the children and the visitation schedule which includes consideration of the holidays, birthdays and school vacation. Child support might be worked out, but that is usually determined by the court. If there is any spousal support, that will have to be agreed upon. Most uncontested divorces are settled by a give and take process involving the couple and their respective lawyers. *

Contested Divorce usually comes about when there is substantial property or assets and a feeling by one or the other that they deserve more. How these marital properties are divided depends upon the state in which you live. In California, for example, the state holds that all property be divided equally, because each party contributes equally but differently. But any property that is excluded in a prenuptial agreement will escape that equal division. In other states, the court will divide property according to equitable distribution - a fancy way of saying according to who deserves it. Factors considered include each spouse's earning power, nonmarital property, services as the homemaker, duration of the marriage and the age and health of both parties. *

How Long Does A Divorce Take? A divorce can take anywhere from a few days to many months. It all depends on your state's laws. Unless there is a reason to pursue an emergency divorce, anyone getting a divorce faces many issues that must be resolved before a divorce can be granted. This includes who gets what, the house, the money, stocks and bonds and retirement funds. Alimony and spousal support must be agreed upon. And child custody must be settled. Who will be the primary caregiver, who will receive the tax deduction and visitation rights must be decided. A hasty divorce will probably cause many regrets. Once the divorce is final, it will be difficult to change the agreement. So, no matter your state's waiting period, be sure to take your time and consult with your attorney carefully. *

Who Gets What? In the event of a divorce, there will be some question as to who is entitled to what property and assets as well as who is responsible for the liabilities. In California, a community property state, the state holds that marital property is jointly owned and that the marriage partners were equals. The property is divided down the middle, with each getting half. Unless, of course, there is a prenuptial agreement which holds certain assets obtained before the marriage to be outside the marriage contract. In other states where equitable distribution is the law of the land, the court recognizes that marriage partners may have contributed unequally to the marriage. The court has much more flexibility in the distribution of property, but it can also lead to unexpected results. The best way to handle the division of property is to negotiate in good faith with the help of your legal representative. *

Marital Property: Marital property is what has been gained by both partners over the course of marriage. In some states, unless you write a prenuptial agreement, what you bring into a marriage gets thrown into the pot. In California, a community property state, the state holds that marital property is jointly owned and that the marriage partners were equals. The property is divided down the middle, with each getting half. In other states where equitable distribution is the law of the land, the court recognizes that marriage partners may have contributed unequally to the marriage. The important thing to remember is that good faith negotiation is the key to a less stressful divorce.

*The information in this message is general and should not substitute for the advice and counsel of a licensed attorney.