Divorce Information

Common Issues That Surface During Divorce

Divorce is a major step in anyone’s life, a disruptive force that’s bound to knock some things out of balance and pry up any underlying tensions that led to it in the first place. It’s not an experience anyone looks forward to, but the pitfalls of divorce can certainly be mitigated with some thoughtful planning and collaborative work with your spouse. We’re not talking about saving a marriage here; the assumption is that you are already going through a divorce. Instead, we’re talking about the common issues that crop up during the process, problems that can stall proceedings or otherwise make the experience worse. Armed with a bit of foreknowledge, you’ll be better prepared to face these issues before they derail your own divorce.

Child Custody

This is the big one. Child custody is the number one stumbling block for most married couples looking to divorce. It’s understandable how this issue can become so fraught: in addition to being a logistical and financial consideration, child custody is an intensely emotional affair. To prevent a protracted court battle, you and your spouse will need to negotiate custody rights along with visitation privileges. You’ll have to consider some important questions, such as: Are you willing to share joint custody and equal time? Will kids live with one spouse most of the time and visit the other? How will visitation be handled, and will it be supervised or limited in any way? What happens if one spouse is moving far out of state? You’ll have to work out the answers to these questions with your spouse before any progress happens. Keep in mind, too, that despite an agreement with your spouse, a judge may override the decision if they believe the children’s best interests will be better served. This is why it’s extremely important to remain civil and considerate during proceedings. You want to do what’s best for your children, so you may have to put aside your feelings about your spouse to work out an ideal solution.

Child Support

Tied inextricably to child custody, child support is a major bone of contention for many divorcing couples. The amount and the person who pays it will be determined by the child custody arrangement, but it’s often not as simple and clean as that sounds in real life. Often, the spouse ordered by the court to pay child support will feel that the amount is too high, or that the funds are being misappropriated by the receiving spouse. Naturally, the inverse often occurs as well. It’s rarely an easy situation, but it’s something to consider when approaching a divorce. This can become messy, but it’s your prerogative - and in your children’s best interests - to work out a solution amicably.

Spousal Support

Money is one of the biggest issues when it comes to divorce, both as an aggravating factor and a struggle during the proceedings. It’s been a historically divisive issue as long as it’s been around, especially for spouses, so you shouldn’t expect it to evaporate during a divorce. Spousal support appears in the form of alimony, which reflects payments made by one spouse to the other for the purpose of financial support. It was historically from the man to the woman in the relationship, stemming from a time when men were breadwinners and women stayed at home. Times have changed, but the practice remains for a number of reasons. The struggle comes usually when the spouse ordered to make payments feels that the amount is too high. Equally understandably, the receiving spouse often feels that the amount is too low. Further complications arise when the paying spouse starts earning more, less, or loses their job. The issue is delicate and will take careful consideration to handle if it’s part of your own divorce.

Property and Debts

Moving further into money territory, we must address the division of property and debts, two sides of the same contentious coin. The division of assets is often fraught with entitlement, attachment, and high emotional stakes. Property includes your shared home, but it also encompasses everything from electronic goods to family heirlooms. There may be emotional attachments to certain objects in addition to the financial considerations they entail. For example, both spouses may feel entitled to a specific item. Or there’s no common ground to be found in the issue of what to do with the shared home - one spouse may want to keep it, while the other prefers to sell it and split the proceeds. Just as important as property, debt must be considered through your divorce as well. Disagreements naturally arise here, especially when one of the two spouses is responsible for the bulk of said debt. Sometimes, especially with a shared bank account or credit card, both names may be attached to an amount that is technically owed by one of the spouses. There are no easy answers here, but coming to the divorce with some foreknowledge can at least mitigate the issue.

Taxes

Finally, the issue of taxes must be addressed. It’s not one that is commonly discussed in the arena of divorce, but it’s important to cover all your bases. Still, tax implications can and will cost one or both spouses a significant sum. Common tax issues that arise through divorce include exemptions for dependents, Head of Household status, tax deductibles for support payments, and many other highly specific considerations. If your tax issues are even slightly complicated, it might be a good idea to talk with an accountant as part of your divorce proceedings. This can save a lot of headaches in the immediate future and a lot of money in the long run.