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Divorce Information
Divorce Information

  • Custody/support/visitation: Who will have custody of the children? What visitation schedule can you agree on? How much child support will the custodial spouse receive from the other spouse? How much maintenance (alimony) will be paid? For how long?

 

  • Separate vs Marital property: Property bought or earned during a marriage is usually considered jointly owned for purposes of a divorce. This covers retirement funds, too. Property willed to you, or left to you, or owned by you before a marriage, and kept separate during the marriage, remains yours.

 

  • Separate vs joint debts: Each party is responsible for their own debts, but who will have to pay the joint debts? Back taxes? Make a list of separate and marital debts, and see if you can agree who will pay.

 

  • House: Who will live in the house? For how long? Who will pay the mortgage? How is the money divided when the house is finally sold? How long can a sale be delayed?

 

  • Who files first? The party with physical custody of the house and children at the time of filing keeps custody and possession until a judge rules differently. This can be a critical factor in deciding whether to file first, and when to file.

 

  • If you and your spouse can agree on the issues, we offer an uncontested divorce package that is inexpensive, fast, and relatively painless. Otherwise, the cost depends on time required.

Lee Patton, Attorney at Law

Civil and Criminal Cases