4 Complications When Getting Divorced

Getting divorced is a stressful time for everyone involved. Even if everything goes smoothly and you are excited for the divorce, the whole process can be time-consuming and frustrating. However, some complications are more problematic than others. To learn more, check out these four complications when getting divorced.



1. Uncooperative Spouse

In some cases, one spouse isn't cooperative. They may refuse to sign the divorce papers out of spite or because they want the marriage to work. Luckily, in most cases, you can get a default divorce. You will need to try to inform your spouse of the divorce petition. Courts fight hard to prevent anyone from getting a divorce behind someone's back.

If you are unable to find your spouse, you may need to take extra steps to post the divorce petition in other places, such as the newspaper or courthouse. If you are still unable to find them, a default divorce is usually allowed.

2. High Assets

Some divorces are cut and dry because there are little assets, or the assets are clearly defined in prenuptial agreements and other documents. However, in some cases, the assets are not clearly defined and worth a lot of money. High assets can refer to valuation of a business, real estate, and investments/retirement funds.

Similarly, if one spouse makes significantly more than the other, spousal maintenance or alimony may be a consideration in the divorce. Even if high assets are involved, you may be able to avoid court by undergoing negotiations with a mediator, but this only works if you can both come to an agreement, which may be hard if lots of money and assets are involved. If you can't come to an agreement, you will need to let the judge decide on your behalf.

3. Custody Dispute

If minor kids are involved, the divorce can get more complicated. If one spouse is happy with the other spouse being the custodial parent, you're in luck, and the process should be easy. However, even if your spouse is fine with you being the custodial parent, there may be issues with child support.

If you and your spouse can work together, you'll submit a joint parenting plan, but if you can't agree, you can both submit your own. Of course, at this point, the judge will need to determine who is the custodial parent and what is in the best interests of the children. They use many factors to determine a parenting plan.

For example, if one parent is constantly bad-mouthing the other and refuses to work with them, that reflects poorly on them. The judge will also consider each parent's role in caretaking, job situation, housing situation, the child's preference (depending on age), stability, etc. 

4. Domestic Abuse

Some marriages end for more dangerous reasons, such as domestic abuse. If one partner verbally and/or physically abuses the other partner, it can make getting a divorce complicated because the abusive partner often tries to fight, which can make the process take longer and allow the spouse to continue to harass and abuse their spouse. It may also bring complications if you and your spouse have minor children and a parenting plan has to be established.

Other factors to consider if domestic abuse is involved include protective orders and possible criminal charges.

Getting divorced is never a fun time, especially if there are assets, kids, and other factors to consider. Luckily, with a good attorney in your corner, you can get the help you need to fight for what you deserve. If you would like to know more, contact us at the Law Office of Leonard E. Kerr today.