DIVORCE & CHILD CUSTODY
All Divorces range from simplistic (with very few, if any, contested issues) to extremely complex (involving child custody, child support, alimony, distinctions between marital and non-marital assets and debts and the division of both marital assets and debts).
Uncontested Divorces can be described as wherein fault and all custody, visitation, support, asset division and debt division are completely pre-agreed upon. Simple Divorces can be described as wherein there are no children of the marriage and only minor contested asset and debt division issues. Extremely Complex Divorces can be described as those divorce cases wherein numerous issues are significantly contested such as paternity, child custody, visitation, child support, alimony, and/or marital asset and debt division issues.
Child Custody and visitation are generally determined by a combination of the fitness of each of the parents, fault in the marriage, and the parental environment that would be in the best interest of the child(ren).
As of 2007, child support is determined by a fairly complex compilation of many aspects of both parents' gross income, financial obligations, contributions toward the child(ren)'s expenses, and custodial parenting time. This scheme also allows some deviation based on other non-enumerated factors.
Marital assets may include: the primary marital residence, secondary and vacation residences, residential contents, other personal property, businesses, automobiles, boats, other vehicles, investment real estate, bank accounts, investment accounts, retirement accounts, and other investments.
Marital debts may include: residential and other real estate mortgages; second mortgages and equity loans; debt on residential contents, businesses, automobiles, boats and other vehicles; other secured loans, unsecured loans and credit card debt; and tax, education and similar debts.
Assets and debts are classified into marital and non-marital. Marital assets and debts are generally those that are accumulated during the marriage. Non-marital assets and debts include those that existed prior to the marriage and are brought into the marriage and assets that are received as an inheritance or a gift.