Did you know that getting a divorce in 2019 could be incredibly expensive?
After a court hands down a custody order, one or both parents may find that the plan simply is not compatible with their lives or the needs of their child. In some cases, one parent may feel quite satisfied with the order, while the other parent feels that the terms of the order are grossly unfair or does not allow for the flexibility that they need to remain working and keep other affairs in order.
If you or anyone you know has gone through a child custody battle, you know just how difficult it can be for parents to remain objective and fair when it comes to retaining parental rights and custody of a child. In some cases, parents may find themselves so at odds during the divorce process that courts hand down a fixed visitation schedule to a parent. In almost all cases, this order applies to the parent who does not receive primary custody.
When a couple chooses to create a prenuptial agreement, one of its clear objectives is to simplify a potential divorce so that the spouses do not waste time and resources haggling over the specifics. However, some prenups are not entirely fair in their terms, or may have other weaknesses that may not hold up in court. If you see divorce at the door and have concerns about the terms of your prenup, you may have grounds to challenge it. Challenges to prenups generally fall into two categories.
If you are like most parents who share custody of a child, you probably find that your custody order is not very convenient, at least some of the time. The realities of juggling work responsibilities, parenting privileges and duties, and other demands on our time can make sticking to a custody order annoying at the very least, and often leads to one or both parents operating outside of the custody schedule.
It is common for parents to disagree strongly about where a child should be or what they should do. When parents are married, courts generally don't get involved in these disagreements unless a particular course of action poses a threat to the safety of the child. However, when parents are divorced and must abide by a custody order, the court is much more likely to get involved.
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.