Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question ” Is there some property that the judge cannot divide?
Any litigant looking for something less than the proverbial blood wants to spend as little as possible getting from here to there. Some litigants are out for the proverbial blood, however, and seem willing to spend as much as it takes to draw it.
Thankfully, our system of legal justice limits litigants to well-known causes of action and certain limited remedies. In the family-law context, these remedies include a decree of divorce, an award of money or property under various legal theories, an award of custody of a child or children and, in some cases, the imposition of one or more injunctions prescribing or prohibiting certain actions or omissions.
Parties to a divorce action can take some simple steps to spend as little as possible getting to the finish line. The first step, writes Geoff Williams in US News and World Report, is learning to compromise. This can be difficult, because even spouses who do compromise may feel regretful about their decisions.
Judy Crockett of Manistee, Michigan, for instance, regretted her decision to accept her husband’s offer of forty percent of retirement assets. She said she decided not to fight for a full half of the retirement assets because her husband was older and in ill health at the time of their divorce.