- Uncontested- a simple, agreed upon divorce that does not require Court hearings and usually takes 2-4 weeks from start to finish. Not only is this process fact, but it is also far less expensive than a contested divorce.
- Contested- a disputed discovery that requires Court proceedings to resolve issues which are not agreed upon and usually takes 9-12 months.
- Are there children? If so, parents have to agree to legal custody and physical custody. Legal custody involves who and how decisions will be made for children- health, education and religion. Physical custody involves when the children will be with each parent including holidays and vacation. Once the physical custody arrange is determined child support can be set.
- Assets- during the marriage, did the spouses gain assets to be divided? Start by creating a list which may include- real property, vehicles, recreational vehicles and equipment, retirement, bank accounts, investments, etc. Once a complete list is prepared, can the spouses agree on who gets what from the list? Is there a difference in the value? If so, how is the difference in value addressed?
- Debts- during the marriage, did the spouses incur debt? Mortgages, credit card, student loan, etc. Once a complete list is prepared, can the spouses agree on who keeps the debt from the list? Is there a difference in the debt? If so, how is the difference in debt addressed?
- Alimony- Should alimony be awarded? Start by looking at each spouse’s income. Nnext look at the length of marriage. Is it appropriate for one spouse to pay the other alimony? If the answer is yes, can the spouses agree to the amount and length of alimony?
If all of these issues can be resolved by agreement, you can obtain an uncontested divorce and if not, then an contested divorce is the only option.
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