This is a discussion that I am sure many new homeowners struggle with.
The typical approach in law schools is to focus on the “legal” aspects of the case, such as discovery and motions. However, lawyers are humans, and the way they approach the case will differ. For example, when it comes to a divorce case, your first focus should be on the division of property and alimony. You need to have a good understanding of the legal differences between a “modification” divorce and a “reorganization” divorce.
The most important difference with a reorganization divorce is that it is not a divorce. As a general rule, a reorganization divorce is a legal separation, and thus the legal issues of the marriage are considered. As the name implies, a reorganization divorce is not the same as a divorce. In a reorganization divorce the wife is expected to move to a new property, and the husband is expected to continue paying alimony.
In a modification divorce, the wife gets a divorce but not the divorce. But there are some basic differences between a reorganization and a modification divorce. The most important difference is that a reorganization divorce is more of a “living property arrangement” for the husband. His new property (the house) doesn’t magically disappear after the divorce. It’s just a matter of the court issuing a “order” to that effect.
In a modification divorce, the court hands over the house to the wife, as husband and wife both agree that they will split up the house as part of the proceedings.
The modification divorce is not as stable as a reorganization divorce because a modification divorce involves more involved paperwork and disputes. A reorganization divorce is a relatively simple divorce with the court signing a form that outlines what the future will look like for the couple. A modification divorce requires the couple to hire someone to do a full remodeling on the house. The court is not involved in the remodeling process and is only concerned with how to divide up the house.
This is a good thing for people who are trying to divorce their spouse or the other partner. Not only do they have a court that is involved, but they have an expert in the remodeling process who knows how to handle the legalities and disputes involved. This is why it is very important to have a lawyer on the scene when you are in a modification divorce.
When your relationship broke up or a marital divorce is finalized, the court will usually ask both parties to sign a stipulation which includes all the issues that were discussed during the proceeding. In the case of a modification, that stipulation will often include the division of the property and any other issues that were brought up in the original separation. The court may ask to have you sign these stipulations to keep the agreement from becoming a default divorce.
This is one of those things that I’ve seen a lot of couples do that I’m sure is very annoying, but is it really that big of deal? The courts have made it pretty clear that you should sign these stipulations to keep your divorce from becoming a default one.
As a result, I recommend that you make sure you put your stipulations in the official divorce papers (i.e. not on your own computer or on a separate website) so that you can be sure that they are part of the court document.