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Divorce & Dissolution: Helpful Facts to Know

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GENERAL CONSIDERATIONS APPLICABLE TO BOTH DISSOLUTION AND DIVORCE

If there are not exceptional temporary orders sought, the first Court hearing following the filing for a divorce is a hearing on temporary decisions regarding custody, visitation, child support, and payment of bills. Temporary orders are effective only until the court grants a divorce after which the matters subject to the temporary orders will be governed by the terms of the divorce decree. After the initial calming down that ensues once the first hearing is completed, the attorneys begin to unravel the ownership and equities of the assets. Often the depositions of the parties are taken. All of this is done to prepare the case for trial, but a good job of preparation can often lead to a negotiated settlement, which is most often preferable to taking the case to trial.

DISPOSITION OF THE BUSINESS AND OTHER PROPERTY

The basic rule applied by the Court in a domestic property settlement is: one-half of the property to the husband, one-half to the wife. The court may also grant to either party the entire interest in the property while giving the other party a set-off equal to one-half the value of the property awarded to the other. Generally, all property acquired since the date of the marriage is divided between the parties. The normal and sensible approach to the problem of the split of the family property is a negotiated settlement. Careful and thorough valuation and inventory of assets and rational proposals will usually result in rational results.

SPOUSAL SUPPORT

Formerly known as alimony, spousal support is sustenance payment to an ex-spouse which can be ordered by the Court or agreed to by the parties as apart of the settlement. Spousal support may be ordered for either a husband or a wife. Usually, however, it is the wife who receives spousal support. There are no fixed rules for the amount of spousal support that may be awarded. Spousal support is based upon a demonstration of need by the recipient spouse. The age, background and training of the spouses will determine whether spousal support will be awarded and in what amount. A spouse who is capable of supporting him or herself may get no support, whereas a spouse who has no means of supporting him or herself may be entitled to spousal support for life. The income of the spouse and his/her ability to pay will affect the size of the spousal support payments for the other spouse. The extent of the property of the non-supporting spouse which is available for the production of income will also be considered. Sometimes spousal support will be paid for a few years or months during which time the supported spouse has an opportunity to prepare him or herself for an independent earning life. Each case is different. Imaginative efforts can fashion a spousal support plan that meets the needs of the husband and the wife.

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