The issues that have to be decided in a divorce case are:  1) division of marital assets and debts; and   2) orders regarding possession, access, and support for any children born or adopted during the marriage.

Some couples agree on these issues without the necessity of third-party intervention and go through an uncontested divorce.  In such instances, one party retains our firm, advises us as to the agreements reached by both parties, and we streamline the process to finalize a divorce with the least possible cost and time involvement for the client.  

Some couples cannot agree on any issue in the case, and have to rely upon the the Judge to make final decisions on these issues through a litigated divorce.  In those cases, our lawyers work with the client to gather and present all the evidence necessary to present the client's case to the Court or Jury.  From the intitial consultation, through temporary orders, until a Final Trial on the Merits, we guide the client through the process in an effort to achieve the client's desired results.

Most couples fall somewhere in-between the two extremes of an uncontested divorce and a fully litigated divorce.  While a divorce may initially be filed as contested, and the parties may go through a contentious temporary hearing, many times the issues are resolved later through settlement conferences or formal mediation. 

When you are our client, we will educate you about the options available to you, and help you decide on the path that best meets your needs and the needs of your children.  

Marital Property and Separate Property    are the two types of assets you might own.  Generally speaking, marital property, or community property, are the assets that you acquire during your marriage, regardless of whose name is on the asset.  The law presumes that all of the assets and debts owned by either party at the time of divorce are community assets or debts.  If you contend that the asset or debt is the separate property of one of the spouses, we have to prove that fact to the Court.  Separate property consists of the assets that you had prior to the marriage, or acquired during the marriage by gift or inheritance.  When separate property is used to acquire other assets during the marriage, the separate nature of the asset can be traced if the records are there to do so.

The reason the distinction is important is that all of your separate property will remain your property upon a divorce.  Community property is divided by the Court based upon a number of factors.  It is important to provide all records and facts to your lawyer so that the assets and debts can be divided in a fair manner.