Frequently Asked Questions

In a divorce the Court has to resolve multiple legal issues, such as division of property and debts, parenting plan and time sharing for minor children, and entitlement to alimony. If the parties can reach a complete agreement as to how each of these issues is handled, then the case is considered to be “uncontested” and the parties agreement is reduced to writing in a marital settlement agreement. 

If you cannot agree on how to resolve all of the issues, then the case is ‘contested’ and must be resolved by the judge. This means that one of the parties will have to take the step to file a petition for dissolution and have the other party served with a summons to court where the issues will be resolved by the judge. This does not mean that the case cannot be amicably settled during the contested divorce proceedings as the attorneys for the parties will continue to negotiate for an amicable settlement and the Court will require the parties to attend mediation in order to attempt a settlement.

Every contested case is different. If the case is uncontested the case can usually be finalized within 60 days after the marital settlement agreement is signed by both parties, if not sooner. 

There are three main areas that the judge must address in a divorce case. The first is children’s issues such as timesharing, support, healthcare, etc. Second issue division of property and debts – who get what property and who pays what debts. Finally, the issue of spousal support – alimony. All of these issues have to be agreed to or decided by the Judge.

In a contested divorce case the Court will allow either party to set a temporary hearing wherein the Court will make a temporary order regarding payment of bills during the litigation, a temporary parenting plan and time sharing, temporary alimony, temporary exclusive use of the marital residence, and any other orders that are necessary to preserve the status quo during the case. The temporary order are just that –  temporary. At the conclusion of the case the judge will enter a final judgment which may or may not resemble the temporary order.

Alimony is support for adults. There are different forms of alimony, such as permanent periodic alimony, rehabilitative alimony, bridge-the-gap alimony, durational alimony, and lump sum alimony. The length of the marriage has a lot to do with the type of alimony a judge can order. Also, the judge must consider the need of a spouse for alimony and the ability of the other spouse to pay. The standard of living of the parties also has a great impact on the alimony issues.

First, contact an attorney at Byrd & Barnhill for a free consultation and case evaluation. Alimony is a complex area of the law and you should not try to negotiate an alimony issue without the aid of a seasoned alimony attorney.