The majority of our practice consists of representing parties in traditional divorce actions, either by commencing the action on behalf of a client seeking a divorce or representing an individual whose spouse recently filed for divorce. Periodically, the parties will choose to file the action together.
However, our firm will not represent both parties under any circumstances, as it presents a conflict of interest.
The most common issues raised in divorce actions are:
- Property Division
Including standard valuations, complex business valuations distribution of assets and tax consequences
- Child Custody
Major decision-making authority over minor children
- Physical Placement
Living arrangements for minor children and allocation of visitation by each parent
- Child Support and Spousal Maintenance (Formerly Alimony)
Determinations for child and spousal support
Contested Divorce v. Uncontested Divorce
A contested divorce is a divorce in which the parties do not agree on certain terms of the divorce, whether that be division of property, support or custody of children.
If a matter is contested, the issues will be presented to a Judge who will make the decisions.
An uncontested divorce is a divorce in which the parties agree on all terms of their divorce and have entered into a Marital Settlement Agreement.
The Marital Settlement Agreement will be incorporated into a Final Judgment of divorce at a short hearing.
If you have any questions about the traditional divorce process, please feel free to contact Loeb & Herman at (414) 272-5632 or via e-mail.