If you are going through a divorce, it is important to understand the two main types of divorce that you can file for. It is important to understand the ins and outs of contested vs uncontested divorces to ensure that you are able to make the best decision throughout your divorce process. In either scenario, it can be extremely beneficial to work with a divorce attorney to ensure a fair process for your situation. This can help to minimize problems and enable you to achieve the best possible outcome.

Contested vs Uncontested Divorces

Every divorce is different. Understanding the differences between the major types of divorce will enable you to make the best decision for your situation. When it comes to contested vs uncontested divorces, there are many factors that may impact which divorce type you should file for. Consulting with one of our expert attorneys will help you to make the best decision for your particular situation.

Main Issues in a Divorce

There are several main issues in a divorce that will be determined throughout the course of a debate. If you are able to work with the other party to decide on these issues, you may be able to obtain an uncontested divorce. Otherwise, you may have to file for a contested divorce. The main issues in a divorce include the division of property, custody of any children that the couple has, the details regarding child support or alimony payments, and the division of debt.

Contested Divorces

While it may seem like contested divorces are ultimately much more problematic, it is still common for each side to settle to avoid a trial in a contested divorce. However, you may still require the trial to complete the divorce process. In some situations, a contested divorce may be necessary if there is a single issue that both parties don’t agree on.

Benefits of Contested Divorces

There are many benefits of contested divorces. For one thing, a contested divorce will help to ensure that the divorce process is underway, because the court is involved. This helps to ensure that neither party can drag their feet to prolong the process. Contested divorces also allow for temporary orders to be issued, which will help to ensure that children can still be cared for throughout the divorce process. This type of divorce will also allow for judicial input, which can help to balance the scales during the divorce. These contested divorces will also allow for various discovery processes, such as if one party is hiding money from the other or in other circumstances.

Drawbacks of Contested Divorces

While contested divorces can be beneficial, there are also some drawbacks that can occur when you file for a contested divorce. Contested divorces tend to take a necessarily adversarial approach to the divorce, which often pits each side against each other. They often result in substantial legal fees, which can cause them to be much more expensive methods for obtaining a divorce. In addition, you may have less control in a contested divorce. Ultimately, the final decision will be up to the judge, not to you and your spouse coming to an agreement.

Uncontested Divorces

Uncontested divorces are a divorce type that can be filed for when each party is in agreement and is capable of deciding on each of the issues of divorces. In this type of a divorce, a Separation Agreement or Divorce Agreement will be created to list the various aspects of the divorce. Each party will sign the agreement which will then be filed with the court. At this point, a judge will determine if the separation is fair and reasonable for each party. If it is deemed to be fair, then the divorce process can be completed.

Benefits of Uncontested Divorces

Uncontested divorces can come with many benefits. However, it is important to ensure that both parties are able to come to an agreement when you pursue an uncontested divorce. These divorces can be extremely beneficial when it comes to the relationship between each party. They require both sides to work together, rather than to be set up against each other. This often results in a far more amicable relationship between the two parties in the divorce. Uncontested divorces can often be resolved much more quickly, due to the minimized need to determine each aspect of the divorce. It is also generally less expensive, because it involves fewer related legal fees.

Drawbacks of Uncontested Divorces

Though it can be beneficial to obtain an uncontested divorce, it is still important to ensure that you understand the drawbacks of these divorces. For one thing, you generally can’t file for an uncontested divorce if there is even a single disagreement regarding the factors of the divorce. It is also important to keep in mind that this is not the best type of divorce to pursue if there is an imbalance of power in the relationship. In these situations, each side will need an attorney to provide the best outcome. If one party decides to not uphold their end of the agreement, there is often very little legal recourse. The other party won’t be able to file a contempt if they don’t uphold their end of the agreement. In addition, an uncontested divorce may ultimately take longer if you can’t come to an agreement. In these situations, you may then have to pursue a contested divorce afterward and the entire process will take much longer.

When you begin the divorce process, it will be important to understand the various aspects of your situation. This will help you to determine the ideal type of divorce to file for. Every divorce is different, so it can be difficult to know exactly what to do when you first begin the divorce process. Our experts at Ammon Nelson Law can help to provide you with the ideal guidance throughout this rather complex, emotional process. If you need more information about the contested vs uncontested divorces debate, contact our professional team at Ammon Nelson Law today!

There are many things that a court will take into consideration when it comes to determining custody in a divorce. Understanding the custody considerations can help to provide you with a clearer view into the possible outcome of a court case. It is crucial to ensure that you understand the various custody considerations during your divorce process. Every case is different, and the court will take this into account when they decide on custody specifications. A divorce attorney is an important asset to help you to achieve the best possible outcome for your divorce. Here are a few of the most common custody considerations.

Age of Children

Most courts will consider the age of the children when they determine custody arrangements. This is largely due to the fact that children of different ages will have different requirements. A court will consider that younger children certainly need more time and care than teenagers and will keep this in mind when identifying custody arrangements. The number of children may also be a factor that the court takes into account.

Parents’ Wishes

The wishes of the parent are likely to have an impact on the decision of the court. For example, a parent that doesn’t wish to have custody or spend time with their children is unlikely to be granted custody. If each parent desires joint custody, which provides an equal responsibility for the wellbeing and decisions for the child’s life, this will likely be granted. If one parent wishes for sole legal custody, it is likely to be a much more complicated process, where the court will look into the other considerations of the specific case. The type of divorce will also impact the process. A contested divorce will follow a different process than an uncontested divorce.

Mental and Physical Health of Parents

A common court consideration will be the mental and physical health of the parents. The court needs to feel confident that the parent that is given custody will be capable, both mentally and physically, of taking care of the children. A parent that is frail or ill may have a disadvantage when it comes to obtaining custody. Mental and physical health will be a large deciding factor when the court decides on the various custody arrangements.

Continuity and Stability

Routine and continuity are relatively important for a growing child. A court will likely try to make the custody arrangement that will provide the least amount of disruption to a child’s life. This may mean giving custody to the parent that will remain in the house where the children grew up or where they will still live in the same area. The continuity and stability of the child’s lifestyle is certain to be a large consideration of the court.

Special Needs

If a child has special needs, the court will certainly take this into account. They will likely give custody to whichever parent is best equipped to care for the child. This may be a result of special needs for transportation, healthcare, or other factors, depending on the situation.

History

The past history of each parent will likely be examined when the court is deciding on custody. This will likely be a huge custody consideration. A parent that has had alleged or confirmed past instances of neglect, abuse, or violence will be much less likely to receive custody. This will likely be one of the largest factors that a court will take into account when deciding on custody arrangements.

Education

The education of the child will also be an important consideration when the court decides on custody. In order to provide continuity and stability, it is likely that the court will lean in favor of a decision that will allow the child to remain in the same school district, rather than forcing them to switch to a new one.

Work Obligations

The court will consider the various work obligations of each parent. This is generally to determine the amount of time that they will have available to spend with their children. They will also consider how well the parent will be able to provide for the children. A parent that is virtually never at home will be less likely to obtain custody than a parent that is able to spend more time with the children.

Quality of Relationship

The court is likely to look at the relationships between the children and each parent. If the children are old enough, they are likely to interview the children in order to get a sense for this relationship. Parents that have had great relationships with their children before the divorce are more likely to obtain custody.

Child’s Preferences

This tends to be more common when the children are older and the court deems that they are better equipped to make decisions for themselves. During a divorce, the court is likely to consider the wishes of each child regarding the custody arrangement.

Friends

The court may consider the friends and relationships of the child. They often will want to provide the children with a situation in which they are still able to maintain their close relationships. Minimizing disruption is often a key component in deciding on the best custody arrangement for the children.

Extracurricular Activities

The court will look at the extracurricular activities that the child is involved in. Many extracurricular activities can be critical for a child’s future success. If there is a solution to the custody arrangement that won’t disrupt a child’s regular extracurricular activities, the court may lean more in that direction.

There are many factors that can impact a court’s decision when it comes to the final custody arrangement. Ultimately, a court is likely to decide on a solution that will minimize disruption to a child’s life as much as possible. Consulting with a divorce attorney is critical in ensuring that you obtain the best possible outcome for your divorce. This is especially crucial when children and custody considerations are involved. To learn more about the various custody considerations that are common during a divorce, contact our experienced team at Ammon Nelson Law today!

When a couple goes through a divorce, it will be necessary to divide all of their assets. The division of these assets will depend on an array of factors including the situation, state laws, and many other considerations. When the couple has intellectual property, this can become even more difficult to accomplish. Intellectual property is ultimately an intangible aspect, which can make it incredibly difficult to divide equally across each party. Contested divorces are often even more complicated than uncontested situations, especially when intellectual property is involved. It is crucial to work alongside a divorce attorney when you are dealing with intellectual property to protect your interests throughout your divorce, whether it is a contested or uncontested situation.

What is Intellectual Property?

Intellectual property is generally defined as the work of human intellect. It can be difficult to determine the division of intellectual property, due to the ambiguous nature of this type of property. Common types of intellectual property that will need to be divided in a divorce include plant varieties, patents, copyrights, trademarks, trade secrets, and industrial design rights. This results in many different situations in which intellectual property will have to be divided throughout a divorce process, as the distribution will depend on the type of intellectual property, the situation, the state laws, and many other factures.

The Division of Intellectual Property

The division of intellectual property may be determined based on the different laws in each state, as well as various factors in the particular situation. For example, there are community law states that require that the assets be distributed evenly between each party. Other laws may require an individual to prove that they should receive a certain percentage of the asset if it shouldn’t be distributed evenly. The division of intellectual property in a divorce may not even depend necessarily on who created the initial property. For example, it can be argued that while one individual may have created the intellectual property, their partner supported them emotionally and financially throughout the creation. Consulting with an attorney can help you to obtain the ideal outcome for your divorce process.

Valuation of Intellectual Property

It is only really possible to divide intellectual property when it has a specific value. This can be incredibly difficult when you are working with something as convoluted as intellectual property. The intellectual property will have to be valued by a professional in order to determine its overall value. There are many factors that may be used to aid in the valuation of intellectual property. Ultimately, it will depend on the type of intellectual property and the professional services used to give the intellectual property a value. It will also be important to consider future income that may come from the intellectual property.

Future Income

The division of future income will generally depend on the court ruling. In many situations, a court will decide that it will be impossible to identify potential future earnings and won’t necessarily include it in the divorce settlement. There is often a lump fee that will have to be paid to the other party if one person gets exclusive access to the intellectual property. There are many factors that can dictate the division of intellectual property and any future income from the intellectual property.

Patents

Patents are one common type of intellectual property that will need to be divided between parties in a divorce. These patents are obtained in order to grant a property right to an inventor of a particular invention. These property rights allow them to use their invention or potentially allow others to use the invention with a license. Patents are often bestowed for a limited duration, generally a standard of 20 years. This patent is often granted in exchange for making the information of their invention available to the public.

Trademarks

Trademarks are another common type of intellectual property that needs to be divided. Trademarks are essentially brand names that will help to identify the source of goods or services. It is often also used to help distinguish these services and goods from other similar services. Trademarks often include things like logos, catch phrases, and other distinguishing factors. A trademark can be difficult to divide in a divorce, which is one of the reasons that it is incredibly important to work with an experienced divorce attorney when dealing with the division of a trademark.

Copyright

Copyrights are intellectual property considerations that serve to grant exclusive rights of a work to the author of that work. There are many works that can be involved in the copyright category. Novels, paintings, movies, music, TV shows, and more can be protected under a copyright. It can be rather difficult to navigate the division of copyrights during a divorce. Future income can also be incredibly to determine during a divorce, which can make it difficult to deal with copyright distribution. Our expert services can go a long way toward helping you to obtain the best possible outcome from your divorce involving intellectual property.

Trade Secret

Trade secrets can be a rather complex factor to divide during a divorce. Essentially, trade secrets are pieces of confidential business information that helps to provide an individual, company, or other entity with a competitive edge in their industry. For example, a specific recipe for a product will likely be considered a trade secret.

Our expert team at Ammon Nelson Law is capable of handling the division of intellectual property during a divorce. This concept can be rather complicated, because intellectual property is intangible. It will have to be given a specific value in order to ensure that it can be divided. There is often a great deal at stake when you have to distribute intellectual property in a divorce, due to the potential of future income. It is critical to consult with an experienced attorney in order to protect your interests throughout the divorce process. To learn more about the division of intellectual property in a divorce, contact our experienced team at Ammon Nelson Law today!