Divorce is a difficult period for parents and children alike. It is even worse if the union is riddled with domestic violence and emotional abuse.
Besides the psychological and emotional wrangles associated with separation, other factors can further complicate your divorce. It is important to understand these factors if you’ve just initiated the proceedings or have identified signs that you are headed for a divorce.
Let’s look at some of the elements that can complicate your divorce and how a family law attorney helps you navigate them.
Factors That Can Complicate Your Divorce
Child Custody and Visitation
Divorce cases involving children, especially young ones, will always be more complex than those without.
First, the parents might be worried about the well-being of their kids during this difficult time. It is not uncommon for partners to delay divorce proceedings until their children are in a better position to handle the separation, such as finishing high school.
A greater source of contention during divorce is determining which parent gets custody of the children. This further dictates the parenting plan and child visitation rules. Cases can drag in court if one partner is not open to a fifty-fifty custodial agreement or believes that the other is unfit to care for a child.
If either one of the partners is pregnant during this period, some states might ask you to wait until delivery to start the process. Other places will not finalize the case until the paternity is proven.
Divorce or not, kids require support from both parents. Child support involves weekly or monthly payments for your children’s upkeep.
Determining which partner will be paying child support and by how much can quickly become complicated. This is especially true if the partner tasked with this role thinks that the judge is being unfair.
Some of the factors that the court will consider when determining child support are partners’ income which includes commissions and lawsuit settlements, children’s medical insurance costs, daycare costs, living arrangements, and so on.
Child support can also be complex many years down the line when the parent misses payments.
Property, Real Estate, and Other Assets
The value of property and other assets that you own, individually or jointly, will have a huge influence on the divorce. It will determine things like asset division, child support, debts, and spousal support.
One of the most common causes of a complicated divorce is joint property ownership. If you and your partner had bought your family house together, determining who remains there can introduce serious problems.
Splitting other joint investments such as retirement funds and businesses will also be complicated if both partners cannot come to an amicable agreement.
Spousal support is a common cause of contention and complications in divorce courts.
The partner tasked with paying spousal support might feel like they are no longer financially obligated to their ex-spouse, besides paying child support. The amount required for spousal support can also introduce more issues.
Normally, the court will rule spousal support based on the partner who earns more money, the length of a marriage, future job, and earning prospects. Unlike child support, these payments only last for a short while and are only meant to assist the recipient partner get back on their feet.
How Can a Family Law Attorney Help?
Family law attorneys have supported many couples during their divorces. They understand that this is a difficult period for all parties and thus, will serve with compassion and empathy.
An attorney will represent your interests during divorce negotiations, such as paying child support, determining custody, and division of property to ensure that the proceedings are fair and conducted according to the law.