Litigated or contested divorces tend to take longer and cost more than those that are negotiated or mediated. They also lead to the exposure of more private information in family court, which can affect people’s relationships and reputations.
Spouses who are aware of what details might cause conflict during divorce negotiations can prepare more effectively and be more rational about their responses. What sort of issues often cause conflict during divorce proceedings?
Property division
Couples have the option of deciding on their own how to split up their resources and financial obligations. If they don’t reach an agreement with one another, then the courts decide what is appropriate. Spouses often find themselves fighting about what property is subject to division, what those assets are worth and who retains which assets from the marital estate.
Under current state statutes, most assets acquired during the marriage are subject to division regardless of whose name is on ownership paperwork. Any income earned during the marriage typically belongs to both spouses, even if one clearly earned far more than the other.
Spousal maintenance or alimony
Frequently, people make sacrifices for their families. One spouse might take years away from their job to fix up the family home, raise shared children or provide support for dependent family members, such as elderly parents.
In scenarios where health complications, personal sacrifices or custody arrangements might impact one spouse’s earning potential, the courts may agree to award them alimony or spousal maintenance. Frequently, spouses disagree about whether maintenance is appropriate. They may also disagree about how long it should last and how much one spouse should pay the other.
Child custody and support
The allocation of parental rights and responsibilities can be a deeply emotional matter for spouses. Both of them likely still love their children and want as much time as possible with them. Parents may disagree with one another about how to divide parenting time and what standards to impose on their children. They may also disagree about financial support matters and legal decision-making authority.
People who understand basic legal expectations for the most contentious aspects of a divorce may have an easier time setting appropriate expectations and recognizing unfair proposals. Learning more about the law and having appropriate advocacy throughout the divorce process can help people achieve the best outcome while minimizing unnecessary conflict.