Divorce Law Basics
Lawyers label divorce cases according to the complexity of issues that must be resolved prior to the granting of a decree and/or to the degree of contention that exists between the two opposing parties. An uncontested divorce is one in which both spouses seek a divorce and agree on all divorce related matters. A contested divorce is a case where one of the spouses does not want a divorce or where the spouses are unable to agree on all the issues of the case. A complex divorce case is a contested divorce where many issues are in dispute.
Important considerations in a divorce may include: alimony¹, a parenting plan and child support (when there are minor children), the division of personal property (such as furniture, cars, firearms, etc.), payment of attorney’s fees, marital debt, division of real property, taxes, and other financial considerations. Every case is unique, and significant issues will vary based upon the complexity of the marital estate and the personal goals of each spouse. Speaking with an attorney before filing for divorce can help someone who is considering divorce determine what issues may or may not be significant to him or to her.