divorce...

Divorce is a lawsuit requiring the filing of a complaint by one party--the plaintiff--against another party--the defendant. There are three major categories of issues in a divorce case: parental rights and responsibilities (custody), division of marital property, and spousal support.

Parental rights and responsibilities involve questions of custody. Child custody may be given to one parent (a sole residential parent) or to both parents through a shared parenting plan. Child support is determined by a statutory formula. Visitation rights of the non-custodial parent (in the case of a sole residential parent) must be determined. Additionally, health insurance for the child and the designation of which parent receives the tax dependency exemption and child credit will also be determined.

The division of property requires the proper categorization and valuation of all property owned by either of the parties as marital or separate property, often requiring the use of appraisers or accountants, and all liabilities must be determined. A balance sheet will be prepared, suggesting the proposed distribution of property.

Spousal support is often complex, involving many factors such as length of the marriage, the parties’ ages, physical and mental health, and assets and liabilities of the parties, often requiring expert testimony on the employability of a party.

The case either will be settled by agreement or tried before a judge. There are no juries in divorce cases. In the case of a trial, the judge hears all the evidence and testimony of witnesses and issues a written decision that is appealable by either party.