Divorce is the last resort when a married couple has exhausted all available conflict resolution options. The process can be emotionally and financially draining and will most likely leave both parties with issues to resolve and navigate. Some of these issues may not be apparent in the beginning but will arise after the dissolution of the marriage. This blog post will prepare you for these upcoming eventualities. Read on.
Real Estate Allocation
As a married couple, many of your landed properties are listed with both names. But with divorce, the terms of co-ownership will change. There becomes the problem of “who gets what?” and it can become a tricky affair for a few reasons, such as sentimental attachment or the monetary value of the said properties.
One person might want to keep the property to spite the other, while the other might want it because they genuinely deserve it. Your legal counsel must preempt the conflict that can arise after the divorce over real estate to ensure there is a fair and amicable allocation.
Just as you and your partner will split assets, the same thing happens with debt. If you both took a loan, and the repayment originally involved both parties, you will still need to fulfill your end of the repayment allocation, even after divorce. One party may have issues with this, and it will become an issue post-divorce. It would be best if you informed your legal counsel about any debts that need repayment from the time of the marriage.
Once your attorney is aware, they can advise you on how to proceed and especially help with setting up a repayment structure — to avoid you getting blindsided or stuck with a larger payment share.
Changes in Custody
Child custody is one of the most difficult things to navigate in divorces where spouses have had children. The divorce agreement naturally makes a provision on what partner they stay with. But in the case of mutual custody, both parents get to spend time with the children without infringing on either parent’s time.
This can become tricky if one parent chooses to relocate after the divorce. In this case, legal advice is needed to handle this new setup. However the case, a good mediation process can help devise a workable solution as regards the custody of the children.
This situation arises if one spouse inherited an asset during the marriage. Legally, it can be argued that such an asset is a marital property, especially if there was no prenuptial agreement addressing such an issue. If you have inherited an asset and would like to have it protected from the process, you will need to talk to your legal counsel. You can discuss a plan to help the court favor your sole ownership of said asset.
If you are having to navigate such problems, or anticipate that these may arise in the course of your divorce process, you will need an expert family law attorney on your side. Our expert divorce attorneys can work with you to protect your family and assets. Contact us here today to begin.