
The Difference
Family Law & Divorce
Frequently Asked Questions
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What is the Standard Possession Order?This is the default schedule that courts use when determining a visitation schedule. It’s a great place for couples to start if they’d like to customize their own schedule. The non-primary parent will get the children every first, third and fifth Friday of the month until the following Sunday. They will usually get a midweek period of possession, Thursday, and it can be overnight. The couples will swap holidays. The parent who gets Thanksgiving will not get Christmas, but this will alternate every year. Finally, the non-primary conservator usually gets the whole month of July, although there are some variations to this schedule.
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What is the difference between a contested and an uncontested case?Contested cases mean that the spouses cannot agree on something (or sometimes, on anything). Depending on how contentious the case is, this might require a formal exchange of documents, multiple hearings, and attempts at mediation before the case can be finalized. An uncontested divorce means the couple has agreed on everything, from the division of their property to children’s issues. These divorce cases are usually disposed of quickly.
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What factors does the court look at in determining the division of assets?Not necessarily. The property will be divided in a way that is fair and equitable, which does not necessarily mean a 50/50 split. All the factors mentioned above are considered to determine how the property will be divided. Usually, courts will divide property in a way that is close to the 50/50 mark, but often one spouse will receive slightly more. Splits of 45-55 are very common, while it would be highly unusual for a court to divide an estate in a more lopsided way, such as 30-70.

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