Once you and your spouse get married, the law takes your legal relationship very seriously, especially when it comes to property. In the absence of a prenuptial agreement, most property that either of you owns becomes marital property, which you now both own as a married couple. While you may both still buy vehicles or homes individually to take advantage of one spouse's income or credit rating, the law does not recognize this distinction as clearly as a lender might.
Determining how to approach property division in divorce is rarely simple, especially when it comes to deciding which spouse (if either) keeps a marital home in the split. Homes count as marital property just as a savings account or any other asset that a couple might acquire while married, but it is not always easy to split the value of a home between the spouses, particularly when the family home is the largest single asset that a couple has.
When divorce comes knocking at the door, spouses tend to think in terms of their own survival and long-term well-being rather than focusing on treating each other fairly or even within the bounds of the law. For many spouses, the process of divorce has a way of bringing out the worst, especially when it comes to property division.
Many parents face great difficulty making the transition from being one family to raising their children separately after divorce. While the reasons may be obvious for this, it's not always clear when to accept some bumps in the road along the way and when another parent's behavior or refusal to abide by the rules is truly an issue that requires legal action.
When parents split up and choose to divorce, it is often very difficult for children to transition to a new life with parents living in separate homes and in some cases separate cities or states altogether. When courts consider a custody dispute, they prioritize the best interests of children so that the children's needs are met first and foremost.
Divorce often creates many areas of uncertainty for divorcing spouses, far beyond the instability of the dissolving relationship itself. Especially for couples who are both new to divorce, understanding the process and what to expect from it may seem overwhelming to one or both spouses, which can create unnecessary conflict and drag out a divorce. A common issue that can complicate and lengthen divorce is determining which spouse keeps a marital home.
After the dust settles on your divorce and custody agreement, you may find that the specifics of your arrangement simply do not work. In many cases, the circumstances that surround you while you negotiate your custody arrangement are not the circumstances that you continue to live under indefinitely, and when your circumstances change significantly, it is always wise to look at your custody arrangement to see if a modification is best for you and the child that you love.
After any major life change, it may take different people varying amounts of time to acclimate and find their footing. This is especially true for parents who divorce and must figure out how to effectively raise their child together. Of course, most divorced parents find that navigating this new stage of life is difficult in ways they did not expect, often leading to bad behavior that compromises the other parent's tie with the child.
You’ve probably heard the statistics before. Fifty percent of all marriages end in divorce—and this number is on the rise.
If you own a business and also face divorce, you may have a series of difficult decisions in your immediate future. Many business owners do not realize that a business can qualify as marital property just like a vehicle or a home, and when it comes time to divide marital property in the divorce process, the business itself may end up on the negotiation table.