Divorce & Spousal Support
Divorce & Spousal Support: Navigating Marital Dissolution with Dignity and Strategy
The decision to end a marriage is one of the most significant and emotionally taxing choices an individual can make, impacting not only personal well-being but also financial stability, future prospects, and the entire family structure. The legal process of divorce, officially known as dissolution of marriage, is rarely simple, often encompassing intricate considerations beyond the mere separation of two individuals. At Leigh S. Gettier, Attorney at Law, we approach divorce and spousal support cases with a blend of compassion, strategic foresight, and unwavering advocacy, recognizing the profound personal and financial implications for our clients. Leigh Gettier is dedicated to guiding individuals through this challenging transition with dignity, striving for equitable resolutions that secure their future and provide a stable foundation for their next chapter.
The divorce process initiates with the filing of a petition, which formally requests the court to dissolve the marriage. While the grounds for divorce can vary by state, many jurisdictions recognize “no-fault” divorces, meaning neither party needs to prove fault for the marriage’s breakdown. However, even in no-fault states, issues of fault can sometimes influence factors like property division or spousal support. Once filed, the divorce proceeds through various stages: discovery, where financial and other relevant information is exchanged between parties; negotiation or mediation, efforts to reach an out-of-court settlement; and if settlement isn’t possible, litigation, where a judge makes final decisions. Leigh Gettier meticulously prepares for each stage, ensuring all financial disclosures are accurate, potential assets are identified, and her client’s position is clearly articulated and supported by evidence. Her goal is to demystify this process, providing clear communication and empowering clients to make informed decisions every step of the way.
Central to most divorce proceedings is the issue of property division. Marital property, typically defined as assets and debts acquired during the marriage, must be distributed between the parties. States generally follow one of two approaches: community property (where marital assets are typically divided 50/50) or equitable distribution (where assets are divided fairly, but not necessarily equally, based on various factors). In equitable distribution states, courts consider factors such as the length of the marriage, the contributions of each spouse to the acquisition of marital property (including non-monetary contributions like childcare), the economic circumstances of each spouse, and sometimes even marital misconduct. Assets can range from real estate, bank accounts, investments, and retirement accounts (like 401(k)s and pensions) to businesses, vehicles, and personal property. Debts, including mortgages, credit card debt, and loans, are also subject to division. Leigh Gettier possesses keen analytical skills to trace assets, identify hidden accounts, and properly value complex marital properties, ensuring a fair and just division that protects her client’s financial future. She collaborates with financial experts when necessary to accurately assess the value of businesses or specialized assets, ensuring no detail is overlooked.
Spousal support, commonly known as alimony or maintenance, is another critical component of many divorce cases. It refers to financial payments made by one spouse to the other after divorce, intended to provide economic assistance and help the receiving spouse become self-sufficient. The decision to award spousal support, as well as its amount and duration, is highly individualized and depends on numerous factors, including: the length of the marriage, the income and earning capacity of each spouse, the age and health of each spouse, the standard of living established during the marriage, and the contributions of each spouse to the marriage (including contributions to the other’s education or career). Spousal support can be temporary (rehabilitative), designed to support a spouse while they gain education or job skills, or in some cases, permanent. Leigh Gettier is adept at both advocating for a spouse in need of support and defending against unreasonable spousal support demands. She builds compelling arguments based on financial disclosures, earning potential analyses, and the specific circumstances of the marriage, striving for fair and sustainable outcomes for her clients.
While divorce can be highly contentious, Leigh Gettier often champions alternative dispute resolution (ADR) methods, such as mediation and collaborative divorce, when appropriate. These approaches offer a less adversarial path to resolution, allowing spouses to work together with the guidance of professionals to reach mutually agreeable settlements. Mediation, in particular, empowers clients to retain more control over the outcome of their divorce, often leading to more durable agreements and reducing the emotional and financial cost of litigation. However, when negotiation breaks down, or when one party is unwilling to be reasonable, Leigh Gettier is a fierce and prepared litigator. She is comfortable and effective in the courtroom, ready to present a compelling case to a judge, ensuring her client’s rights and interests are vigorously protected.
Choosing Leigh S. Gettier, Attorney at Law, for your divorce and spousal support needs means partnering with an attorney who understands the profound impact these legal decisions have on your life. She provides personalized attention, clear communication, and strategic guidance tailored to your specific circumstances, helping you navigate this challenging period with confidence and resilience. Her commitment is to secure a resolution that not only meets your immediate legal needs but also lays a strong foundation for your future, allowing you to move forward toward a new and stable chapter with dignity and financial security.
