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Four Common Issues That Can Arise During a Divorce

While unfortunate, some couples have to separate for a reason. Maybe the spark is just no longer there, or perhaps you just cannot agree on anything else besides separating. If that is you, then you might need a divorce. If you have been considering a divorce here in California, there are a few things that you do need to be aware of before taking that first step. Many divorces are not without complication, and there are four major concerns that need to be discussed between yourself and your ex-partner.

What are Some of the Primary Issues Couples Face in Divorces?

When pursuing divorce, there are usually four major considerations that ex-spouses have to agree on. While these can be settled in court, they are often best talked about in private between the two parties involved.

Child custody and support. The first issue you will have to face is child support. Basically, someone will have to take care of the kids, if you have kids. You will also have to agree on parenting time, visitation orders, and how much money you will need for child support.

Property division. A second major concern in divorce is dividing up your property. While a couple is married, the properties they buy usually belong to the couple. But if you are no longer married, then there will be no legal owner of that property. To make sure that your property does not become ownerless, you will have to transfer ownership to one of you This is a simple legal process, but deciding who gets what can get contentious.

Spousal support. A separating couple should also talk about spousal support. You and your spouse may not make the same amount of money or be able to maintain the same lifestyle on your own after the divorce is complete. Perhaps one partner resigned from their job in order to support the home and family while the other kept working at the office. The stay-at-home or lesser-earning spouse may be entitled to spousal support.

Outstanding debt. Finally, another problem that crops up during divorce negotiations is debt. If you and your partner took out a loan, then someone will have to pay it off, even though you are no longer a couple. An equitable arrangement will take into account the complete picture - property division, child support, spousal support, and debt, to make sure the divorce agreement is fair to both sides.

Other Concerns

The above-listed issues are merely the tip of the iceberg. Every divorce will have unique challenges to negotiate. For example, one spouse might want to request a name change in the divorce agreement, and they will need the judge’s permission to do so. Another spouse might want to outline who will keep the family dog in the divorce agreement. An experienced divorce lawyer will help you navigate any issues that might arise.

Got More Questions? We Can Help

During the process of separation, an uncontested divorce is the easiest way out. However, not all divorces end up being as simple as this. Some may have differences that need a court and attorney to resolve. If this is you, then the experienced attorneys at SAC LLP can help. Please just contact our team at (408) 436-0789 to schedule a free, no-risk consultation today.

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