Divorce is the legal process necessary to dissolve the marriage contract between two people. While it may seem like a straightforward process, there are numerous issues that may arise during a divorce that can complicate matters. The following are some of the most common.
One of the most significant issues in a divorce is child custody. When a couple has children, they must decide where the children will live and how they will be cared for. In some cases, one parent may want primary custody while the other wants joint custody. In other cases, the parents may disagree on who is best suited to care for the children.
Along with child custody comes the issue of child support. The non-custodial parent is typically required to pay child support to the custodial parent to help cover the costs of raising the children. Child support payments can be based on a variety of factors, including the income of both parents, the number of children, and the cost of living in the area.
Another contentious issue in divorce is property division. When a couple decides to end their marriage, they must divide their assets and liabilities. This includes everything from the family home and cars to bank accounts and retirement funds. Property division can be contentious, particularly if one spouse believes they are entitled to a larger share of the assets.
In addition to dividing assets, couples must also divide their debts during a divorce. This can include everything from credit card debt and loans to mortgages and car payments. The division of debts can be complicated, especially if one spouse incurred most of the debt.
Divorce can also have significant tax implications. For example, when assets are divided, capital gains taxes may be incurred. Similarly, spousal support payments can have tax implications for both parties. It is essential to work with a tax professional to ensure that all tax issues are addressed during the divorce process.
Spousal support, also known as alimony, is another common divorce issue. Spousal support is paid by one spouse to the other to help support them after the divorce. The amount of spousal support can vary depending on the length of the marriage, the income of both spouses and other factors.
Divorce can be an emotionally challenging experience for everyone involved. Both spouses may experience a range of emotions, including sadness, anger, and fear. Children may also be impacted emotionally, especially if they are caught in the middle of a custody battle. It is essential to seek emotional support during this time, whether through counseling, support groups, or other means.
There are numerous legal issues that may need to be addressed during a divorce. Both spouses should have legal representation to ensure that their rights are protected. There may also be court hearings, mediation sessions, and other legal proceedings that must be navigated. If you have decided to end your marriage, make sure you have a dedicated divorce lawyer advocating for you.
Thanks to our friends at Patterson Bray PLLC for their insight into divorce.
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