Today, getting a divorce is a simple thing: Just file some papers with the court and you’re done, right? Wrong. Most divorces – even seemingly straightforward ones – involve complex legal issues that can take an unexpected toll on your entire future. Having a skilled divorce attorney on your side is the best way to make sure your interests are protected now before that final decree is issued.
A contested divorce is a divorce involving at least one contested issue.
While most people would like to think they can hammer out a quick agreement, that’s seldom what happens in real life. Common contested issues are property division, distribution of a pension, alimony, and child custody.
Division of Assets: Our firm can handle complex divorce cases involving large estates, financial interests in a business, and division of a military or work pension. Even in a “simple” divorce, there may be questions about whether an inheritance or a “separate” property has become a marital asset. When needed, we access financial experts to help our clients feel confident they are being treated fairly in the property settlement agreement.
Child Custody: Child Custody is usually a very contentious issue in a divorce. We have worked with a number of clients who had challenging jobs with variable schedules. Our firm is skilled at determining a feasible parting plan and custody arrangement for our clients. Our goal is to help you find workable solutions to child custody that safeguard your relationship with your child. We do that in negotiations as well as at trial, if that’s what it takes to protect your parental rights.
Other Emotional Issues: Sometimes the biggest stumbling block to an uncontested divorce is emotional. A spouse is mad and unwilling to compromise. A parent harbors fears about the parenting ability of the other parent, leading him or her to make claims of unfitness. In such cases, our divorce attorneys take aggressive action to protect our clients’ rights and interests.
We often take contested divorce cases to court. We don’t shy away from the hard work of preparing for trial; in fact, that’s where we shine. By preparing every case as if it will go to trial, we are prepared to succeed in the face of challenges.
An uncontested divorce is the most simple form of divorce. In an uncontested divorce, both people not only agree to get divorced, they also agree on all of the issues of their divorce, such as:
- A property settlement that fairly divides marital assets and debts
- Whether one of the spouses will receive spousal maintenance, in what amount and for how long
- Who will have custody of children and what kind of custody they will have (joint custody or sole custody)
- How much visitation the other parent will have, and when
- How much child support a parent will receive
If there are any issues of disagreement, the divorce is a “contested” divorce. That’s common at the beginning but most people ARE able to arrive at a mutually agreeable solution after negotiations or divorce mediation.
At, The Law Offices of Precious Felder, we regularly draft settlement agreements for clients, to assure that the uncontested issues are accurately reflected for finality.
Contact our office to speak with an experienced attorney committed to assisting you with your goals in your divorce.