ISSUES IN DIVORCE
A divorce case is a lawsuit which generally involves three main issues:Divorce and Grounds for Divorce.
The first thing in a divorce lawsuit is the actual divorce - to be returned to the legal status of single or unmarried. A person suing for a divorce has to prove the reason, or cause, for the divorce. Typical grounds for divorce include adultery, willful neglect, extreme cruelty, etc.Divorce has become so common in today's society that 'irreconcilable differences' is now recognized. Irreconcilable differences is easy to prove because it basically means there are differences and those differences can't be worked out. It can be proven simply by one person saying so.
Division of Property and Debts.
Community or Separate?
The first question is whether an item of property or a debt is considered 'community' or 'separate.' That's because only community property and community debts get divided between the parties. Separate property and debts are confirmed as one person's sole and separate property or debt. With a few exceptions, an asset or debt belongs to the 'community' (the two parties to the marriage) if it was acquired during the marriage. If it was acquired before marriage (or was a separate gift or an inheritance) it is probably separate property and shouldn't be subject to division.
These are basic definitions, and many contested divorces involve this issue of property classification. The exceptions to the definitions, the transfer of assets from one party to another, the commingling of separate and community property, etc. all make a difference to whether an asset (or how much of an asset's value) should be included in the list of assets to be divided.
Valuation of Property.
If an item of property or a debt is considered 'community,' the next question is the value of such property or debt. Since the distribution of assets should be equitable or substantially equal, this valuation can become very important. Additionally, the use of community funds to pay a separate property debt (or use of separate property to purchase a community asset) adds another issue of whether and how much the community should reimburse the person whose separate property was used (or whether the one person should reimburse the community for the value received).If you're facing a divorce situation involving these kinds of property issues, you need to talk to a divorce lawyer. Contact Perkins Law to make sure your rights are protected.
Child Custody and Visitation, and Child Support.
If there are minor children who are biologically or legally (through adoption) the children of both parties to the divorce, then the divorce decree should also establish custody and visitation, and any child support. These issues are discussed in more depth on the Child Custody and Child Support pages. Also note that while property issues generally can't be changed later, Modification of child custody, visitation, and child support can be done whenever there has been a substantial change of circumstances.
DEFAULT DIVORCE
If you've been served with a divorce complaint, you should also have gotten a summons which tells you that you need to file an Answer within 20 days or the judge could enter a default against you.A default is where the judge enters an order granting the plaintiff everything they asked for in the complaint (because it appears that the defaulting party agrees with the complaint and that's whey they didn't appear in the case by filing an Answer).
A default can be set aside, but only for specific reasons and only within a specific time period. If a default has been entered against you and you disagree with the order, contact Perkins Law as soon as possible to see if something can be done to set aside the default.
STIPULATED DIVORCE
Stipulation is a fancy word for agreement. If two people agree on everything, they can sign a stipulation. A stipulated divorce can go through the court system fairly quickly. A divorce lawyer can't ethically represent both people in a divorce, but an attorney can still help you make sure the paperwork is complete and correct. It's better to get things right the first time than to pay more to fix it
down the road.
SCHEDULE A CONSULTATION TODAY
If you're facing a divorce, let attorney Bryson Perkins help you with your case.
Contact Perkins Law today to schedule a consultation.
P: 208.473.2891
