Some spouses preparing for divorce can cooperate with each other. They may have already signed a contract talking about property division and other crucial divorce terms. In such cases, spouses can move forward with a straightforward uncontested divorce.
Other times, spouses do not agree on terms and may find themselves fighting over many aspects of their upcoming divorce. Certain circumstances are more likely than others to lead to complex, messy divorces. For example, marriages that involve any of the three factors below may end in complex divorces that require a lot of effort to resolve.
Disagreements about custody
The idea of sharing parenting time and decision-making authority is very unpleasant for many parents. They may not agree about how to divide parental rights and responsibilities. Parents may fight over everything from rules about telecommunications to where the children attend school and how they divide holiday parent take time. Cases involving contested custody matters are often complex and difficult to resolve.
High-value assets
Typically, spouses need to divide their marital resources and any debts they took on during the relationship. Some assets are easy to value and divide. Other resources, like a small business, can complicate divorce. Spouses may have a hard time agreeing on what those assets are worth and how to share that value in a reasonable and fair manner. Real estate holdings, investment accounts and retirement savings are among the many assets that could complicate property division negotiations or litigation.
Financial support matters
Child support is usually relatively straightforward. The courts automatically impose child support obligations in a number of different scenarios. Spousal maintenance, on the other hand, is not automatic. In cases where one spouse has far more income and assets than the other or one spouse left their career to raise children, people may need to negotiate or litigate to establish maintenance, which some people call alimony. Both the party seeking spousal maintenance and the party who may need to pay may have intense feelings about the matter.
Recognizing when a divorce might become a complex, protracted affair can help people as they develop a strategy and expectations for divorce proceedings. Those facing a complex divorce may need help learning about the law and fighting for a reasonable outcome in family court, and that’s okay.