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Divorce Law

Being involved in a divorce proceeding is very often a difficult and emotional time for a spouse and children. There can be many important things to consider, including child custody and parenting time, child support, health insurance, spousal support, sale of the marital residence, division of separate and marital property, and counsel fees. Even if the divorce will be uncontested, the right legal representation is critical to ensure a just result.

The Experience You Need

At the Wenz Law Firm we recognize that every divorce is unique, and that Matrimonial Law is often times confusing and frustrating. With decades of experience, the Wenz Law Firm handles divorce cases of every type. From complex, contested matters with extensive marital property, complicated separate property interests and business assets to consider which result in a trial, to simpler, uncontested cases which never see the inside of a courtroom. We handle it all by standing by our clients’ side and keeping them informed throughout the entire process.

The Difference Between Contested and Uncontested Divorce

In an uncontested divorce, the spouses agree on everything and do not need the court to divide their assets or make child support, custody or spousal maintenance determinations. An uncontested divorce is usually less of a financial burden with regard to attorney fees and proceeds through the legal system in less time because it is much less complicated.

In a contested divorce, the spouses cannot reach an agreement on one or more key issues and require court intervention to resolve or adjudicate their dispute. Typical issues requiring a contested divorce action include child custody, child support, spousal maintenance, equitable distribution of retirement assets, separate property and the marital residence.

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    In mediation, you and your spouse meet with a neutral third party, the mediator, to work through any issues that need to be resolved in order to dissolve your marriage as amicably, economically and efficiently as possible. The issues subject to discussion and agreement usually include the marital residence, marital debt, retirement benefits, and distribution of other property, child custody, child support and spousal maintenance.

    Mediation is not an option if there has been domestic violence or domestic abuse.

    Equitable Distribution

    You and your spouse worked hard throughout all the years of your marriage – you may have purchased a house, cars, stocks, a boat, and a vacation home; acquired a business; paid for your spouse or child to attend college; accumulated savings and retirement accounts; or incurred substantial marital debt – but now that you’re divorcing, who gets what and how is it determined?

    Equitable distribution may not be equal. However, our firm will guide you to a fair division of any assets and debts acquired before or during your marriage and prior to the commencement of the divorce action.

    Spousal Support (Maintenance)

    Spousal Support, also known as maintenance, refers to whether one spouse may be required to pay support for the other spouse who is not self-supporting, based on the parties’ respective incomes and the length of their marriage. An award of maintenance may be durational for a specified number of years, or non-durational for the lifetime of the payee spouse. Any award of maintenance may be terminated earlier upon the happening of one of the following events: 1) remarriage of the payee spouse; 2) death of either party.

    Settlement Agreements

    A Stipulation of Settlement is a contract between a husband and wife that is designed to settle all property, debt, spousal support, child custody, parenting time, health insurance, life insurance, tax, counsel fees, and child support issues. Each agreement is unique and can address a variety of other issues, such as who will care for the family pet, who will provide child care for the parties’ children, summer camp and extracurricular activities for their children, the payment of their children’s college expenses, what religion the children will practice, and enforcement remedies in the event of a breach.

    Post-Divorce Issues

    At the Wenz Law Firm we also handle any post-divorce issues that may arise, including proceedings to enforce child support, custody, visitation, spousal support, life insurance and equitable distribution as provided in your Judgment of Divorce, and proceedings to modify the amount of child support upward or downward, change custody, request relocation with the children, or increase parenting time based on a substantial change of circumstances. We handle post-divorce matters with the same care, experience and commitment that we provide to all of our clients.

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