WHAT IS THE DIFFERENCE BETWEEN CONTESTED AND UNCONTESTED DIVORCES?

In Rudnick v. Rudnick (2023), a prenuptial agreement signed in 1992 became the subject of dispute during the couple's divorce in 2019. The agreement, which prohibited the division of assets or alimony, was initially considered fair but was deemed unconscionable at the time of enforcement. Massachusetts law, where the case arose, applied an unconscionability analysis at the time of enforcement. The courts ruled in favor of the wife, highlighting the importance of skilled legal representation well-versed in relevant state laws.

In Carrington v. Richards (2017), a custody battle turned tragic due to the mother's failure to participate in court proceedings. Initially seeking full custody of their son, the father was awarded sole custody when the mother failed to appear at the final hearing. Despite subsequent attempts to overturn the decision, the mother's non-compliance with court orders and absence from proceedings hindered her case. Ultimately, the father's custody was affirmed, but the case took a devastating turn when the mother shot and wounded the father. This case underscores the importance of active participation in custody proceedings and the serious consequences of non-compliance.

In Wiles v. Wiles (2017), a divorced couple faced a dispute over alimony modification. Initially granted alimony for a limited duration, the ex-wife sought to extend the payments indefinitely and increase the monthly amount. Despite the ex-husband's opposition, the trial court granted the modification based on the ex-wife's claim of a change in circumstances. On appeal, the appellate division upheld the decision, emphasizing the need for a "material" change in circumstances to justify altering the alimony award, which would otherwise result in a harsh or inequitable outcome.

In family law, while the concept of "double jeopardy" may not apply, courts generally avoid relitigating settled issues without a change in circumstances. This principle was highlighted in the case of Hernandez v. Matiendo (2017), where a mother sought to modify a visitation order established in a Puerto Rican court. Despite her claims of sexual abuse, the Maryland court upheld the original order, emphasizing that the issue had already been litigated in Puerto Rico.

In the case of Mullen v. Robbins (2017), a high-earning physician learned the importance of careful contract language when dealing with private agreements during divorce. Despite reaching a private agreement on alimony, the ex-wife sought modification in court citing a change in circumstances due to health issues. The trial court ruled in her favor, emphasizing the need for a "material change in circumstances" to modify private agreements. The appellate division upheld the ruling, highlighting the importance of precise contract language in determining modifiability.