Although all divorce cases aren’t the same, some are more sensitive or complex than others. A complex divorce normally includes the division of family-held businesses and professional practices. It also involves high-value marital assets and large estates. Usually, complicated divorce cases take longer to resolve and can take a toll on your emotional and mental health. Understanding the intricacies of the divorce process can help you prepare better, leading to a more favorable outcome. Below are four common complications during a divorce process.
1. Property division challenges
During a divorce, sharing property, including marital and separate property, can easily become a contentious issue. Marital property refers to the assets spouses acquired or earned during a marriage. Based on your country and state or province of residence, such property may include:
- Real estate properties like your primary home and investments
- Life insurance policies
- Bank accounts, bonds, and stocks
- Vehicles
- Household items
Separate property is owned by only one of the spouses and can, in some instances, become marital property. Disagreements regarding marital and separate property division during a divorce are not only stressful but can also lead to several fights and court battles.
A skilled and experienced divorce attorney, such as a Philadelphia Divorce Lawyer, can work with you on all matters regarding property division to provide a more favorable outcome. Below are three more complications in the divorce process.
2. Child Custody Disagreements
Divorce cases become more complex when children are involved due to disagreements about their ongoing care and the spouses’ involvement in the kids’ lives going forward. One or both parents may believe they deserve full custody or more time with the kids than the other person. Other disagreements can include:
- Where the children will stay
- How to share vacations and holidays
- How to make decisions regarding the young ones’ welfare
To avoid a toxic divorce, yours and your ex-spouse’s attorneys can help you come up with a written parenting plan or custody agreement. If you’re unable to agree on a parenting plan, the judge dealing with the divorce case can help make a decision based on the children’s best interests. They can look at things like the kids’ relationship with every parent and each parent’s mental, emotional, and physical health.
3. Spousal Support: Another Complication in the Divorce Process
Spousal support or alimony is another frequent issue. If one of the divorcing partners made more money during their marriage while the other gave up specific opportunities to facilitate that, they may qualify for spousal support.
However, determining if one of the ex-spouses is eligible for alimony, the appropriate amount, and for how long can result in disputes that complicate the divorce process even further. Presenting a compelling spousal support case is often easier with the help of legal and financial experts.
4. Debt Division
Debt division is a significant sticking point during the divorce process because distinguishing between separate (debt a spouse incurs before marriage) and marital (debt incurred in marriage) debt isn’t easy.
While divorcing partners have the responsibility to decide how the marital debt will be paid, disagreements might arise. In such a case, a judge will determine how the outstanding amounts will be paid or shared. Note that only one spouse is responsible for separate debt unless it becomes marital after marriage.
Final Words on Divorce Complications
While divorce procedures are complicated, certain issues make them even more complex. Familiarizing yourself with the common complications during a divorce process can help you prepare better to reduce stress when your marriage ends and a more favorable end to this chapter of your life.
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