Divorce Helper

Introduction

Alimony is the amount paid by one spouse to another to ensure financial support continues after the marriage. Traditionally – and historically – alimony was paid by the husband to the wife. In modern times the courts have begun to take a view of the relative financial situations of the two parties before making a decision on the amount of alimony paid between one party and the other.

The concept of alimony originates from the obligation of married partners have a legal obligation to support each other throughout the marriage (or civil union). Naturally this concept is only applicable in societies where the laws of marriage dictate that the parties have this obligation.

Some Dictionary Definitions

Law. an allowance paid to a person by that person’s spouse or former spouse for maintenance, granted by a court upon a legal separation or a divorce or while action is pending.

alimony. Dictionary.com. Dictionary.com Unabridged (v 1.1). Random House, Inc. http://dictionary.classic.reference.com/browse/alimony (accessed: June 03, 2009).

Law. An allowance for support made under court order to a divorced person by the former spouse, usually the chief provider during the marriage. Alimony may also be granted without a divorce, as between legally separated persons.

alimony. (n.d.). The American Heritage® Dictionary of the English Language, Fourth Edition. Retrieved June 03, 2009, from Dictionary.com website: http://dictionary.classic.reference.com/browse/alimony

1. Maintenance; means of living.
2. (Law) An allowance made to a wife out of her husband’s estate or income for her support, upon her divorce or legal separation from him, or during a suit for the same. –Wharton. Burrill.

alimony. Dictionary.com. Webster’s Revised Unabridged Dictionary. MICRA, Inc. http://dictionary.classic.reference.com/browse/alimony (accessed: June 03, 2009).

The differences between a contested and uncontested divorce are actually quite clear and easy to grasp; it is one of the most common areas of confusion for those new to the quick fire and cutthroat world of divorces. This article will explain and demonstrate the differences between a contested divorce and an uncontested divorce.

Simply put, a contested divorce is one where both parties cannot completely agree on all the issues involved in their particular case. Some of the issues that can cause arguments are:

• The reason (grounds) for the divorce)
• The division of material assets relating to the partnership
• Maintenance payments (otherwise known as alimony)
• Payment of debts
• Custody and visitation rights if there are children involved.

All of these areas are very delicate, and can be causes for much distress and argument. Of course this is just a list of the most common areas of contest; there are potentially hundreds if not thousands of other things that ex-partners will drag up and argue about.

Disagreement

Unfortunately this disagreement is simply in the nature of things: people want to salvage as much as they can from the divorce. In addition they will want to cause as much trouble for their ex-partner as they can. Uncontested divorces are rare.

Those Divorce Lawyers

The cynic in me would like to point out that divorce lawyers generally don’t like uncontested divorces because there is very little for them to do. If there’s not much to do then they will not be receiving as much as they would like in fees. But, like I say, that might just be me being cynical.

A Divorce Changes…

The change between a contested divorce and uncontested divorce is not something that is absolute, and generally all filed divorces start as contested divorces and, through a gradual process of agreement, compromise, horse-trading and in many cases court intervention, all areas of disagreement are resolved. Once all items are resolved – even though they may not be resolved to the satisfaction of all the parties involved – then the divorce becomes uncontested and things can finally be wrapped up. Uncontested divorces progress much quicker and are settled much more economically than contested divorces.