3 Common Complications in the Divorce Process
Ending a lifetime contract with your spouse can be one of your life's most challenging decisions and take a severe toll on your mental and emotional well-being. Once you have decided it’s necessary, it is crucial to hire a professional divorce lawyer to walk you through the complicated steps of filing a divorce. While every situation is unique and depends on the marriage, here are several common examples of why a divorce might become a protracted process.
Taking custody disputes to court is usually expensive, unpredictable, and emotionally draining. In most cases, the parent who has custody of the children during the separation has a better chance of obtaining permanent custody after the divorce. If the children have settled into a consistent and stable routine with one parent, the court rarely disrupts their home environment. The other parent may be granted access to the children, which is the parenting time the child spends with them but can not interfere in the child’s life decisions.
You can also produce a prenuptial agreement outlining the grounds of the division. Like property, matrimonial debt on the couple will also be divided. You can work out a division with your partner before filing for a divorce, but if you cannot, the court will decide for you if you cannot. If any property, like a car, is indebted, the party who gets it will pay the debt. Joint debts of the family are divided, but you will not be held responsible for your spouse’s redundant debt unless you agree to pay it for them.
1. Child Custody
One of the foremost considerations in your divorce will be your children's future. Child custody is the legal term for having responsibility for or control over children. It is advisable to reach a mutual agreement with your spouse in the best interests of your children. However, failure to reach an understanding will refer the case to court to pass judgment.Taking custody disputes to court is usually expensive, unpredictable, and emotionally draining. In most cases, the parent who has custody of the children during the separation has a better chance of obtaining permanent custody after the divorce. If the children have settled into a consistent and stable routine with one parent, the court rarely disrupts their home environment. The other parent may be granted access to the children, which is the parenting time the child spends with them but can not interfere in the child’s life decisions.
2. Division of Financial Assets
Financial assets can easily become a significant source of altercations when filing your divorce. The division can become complicated if the status of the assets is unclear. Matrimonial assets are usually divided equally between both individuals in the marriage. An equitable division arrangement also involves the division of community property, like the house you resided in or any other earnings or properties you bought after marriage. Individual assets that you obtained before marriage or inherited are not divided. Here again, you have the option of reaching a mutual agreement to decide how you divide your assets between you and your spouse, and the court will likely not object.You can also produce a prenuptial agreement outlining the grounds of the division. Like property, matrimonial debt on the couple will also be divided. You can work out a division with your partner before filing for a divorce, but if you cannot, the court will decide for you if you cannot. If any property, like a car, is indebted, the party who gets it will pay the debt. Joint debts of the family are divided, but you will not be held responsible for your spouse’s redundant debt unless you agree to pay it for them.
3. Alimony
Alimony or spousal support is a legal term for an allowance paid by one party in the marriage to the other after divorce or for a specified duration following or during the divorce proceedings. You can ask for alimony, and the court will consider your financial position, the earning capacity of your partner, and child custody. If the case is in your favor, the court may even legally recognize your partner’s fault in the marriage’s failure, like abuse or causing harm to you or your child.Endnote
There are many factors to consider when filing for divorce. If you cannot reach a reasonable arrangement about them with your spouse, then the dispute has to be settled in court. In case of problematic marriages, your spouse may harm your or your children’s interests. We recommend hiring a lawyer to guide you through the process effectively and avoid any complications and turmoils.Do You Need An Attorney?
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Posted - 03/27/2023
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