The Divorce Decision
The decision to file for divorce is one that should be made with great care. If you have found your way here it is likely that you have already decided that divorce is your only course of action. If this is the case, the next question that arises is what is the best way to go about it. The best way to go about is dependent on the current state of your relationship with your spouse. If the state of the relationship is amicable, then you may be able to file an Uncontested Divorce. If the state of the relationship is uncivil, a Contested divorce is probably the only possibility.
Divorce Issues
- What are the grounds for divorce.
- Whether the divorce be contested or uncontested.
- Who pays child support, and how much.
- Who Pays maintenance (formerly alimony), and how much.
- Who stays in the house while the divorce is pending.
- Who gets the house when the divorce is final, or will it be sold.
- How to divide the marital assets and debts.
- Who gets the income tax deductions for the children.
Uncontested Divorce
An Uncontested divorce is where the parties agree that a divorce should take place and the terms of the divorce have been discussed in enough detail to allow an agreement to be drafted that resolves all of the issues of the marriage. This means that the parties have come to an agreement on maintenance (formerly called alimony), and the division of marital assets and marrital debts, in a manner that is mutually satisfactory to both parties. If there were children born of the marriage, it also means that the parties have reached an agreement on custody, visitation and child support. Usually No Fault is agreed upon for grounds. For more information about an uncontested divorce, please visit my Uncontested Divorce website.
Contested Divorce
A Contested Divorce is where the parties do not agree on the terms, or one party does not want a divorce, and it is necessary to seek court intervention to obtain the divorce. This is often the case when a divorce is sought because of domestic violence, or because one party is too difficult to deal with in the context of an Uncontested Divorce. For more information about a contested divorce, please visit my Contested Divorce website.