Why Do People File For A Divorce?
There are many reasons why people might seek a divorce. As gleeful and in love as people are when they walk down an aisle, approximately half of marriages end in divorce. Sometimes it is as simple as a barrier in communication or different visions for the future. Some spouses find that they don’t bear animosity towards each other and are able to file for a collaborative divorce process, a process that is typically less contentious and more affordable. To learn more about collaborative divorce, visit here.
Not all spouses are able to tackle the division of assets collaboratively, however. Oftentimes separation brings forth animosity, and couples find that they do not have a similar vision of how to divide assets and create child custody arrangements. If this is the case, then it is highly recommended to speak with a qualified divorce and family law attorney prior to filing a divorce. Additionally, if your divorce involves factors that further complicate the issue, then it is all the more recommended to invest in a reputable lawyer.
What Factors Complicate Divorce Proceedings?
Contrary to popular belief, not all divorces require lengthy litigation and judicial hearings. There are circumstances, however, that may create complex divorce litigation and typically result in longer proceedings.
Though rarely talked about, domestic violence is the cause of many divorce cases. A divorce involving domestic violence makes the legal process more complicated, as there are also other litigation factors involved such as restraining orders or pending charges against the accuser. Additionally, victims of domestic violence may be hesitant about being in a setting with their ex and may wish to not be present during the proceedings. If you are facing a divorce involving domestic violence then it is imperative to hire a qualified divorce attorney so that you can ensure that your rights are best protected.
Child abuse is another factor that can result in a messy and complicated divorce. If one parent is accused of child abuse, it will make it difficult to obtain custody or visitation rights. Due to the complexity of divorces involving child abuse, it is essential that people speak with a reputable family law lawyer prior to the divorce.
Some spouses decide to end a marriage in order to get away from drug or alcohol abuse. With addiction cases, judges tend to limit custody or visitation rights of a parent and require the parent to complete addiction therapy courses in order to maintain parental rights. Couples facing a divorce with addiction factors are highly advised to invest in a divorce attorney who has ample experience with addiction cases.
Divorces involving adultery tend to be more contentious than most, and often require a lengthier process to resolve disputes and the division of property. There is a misconception that extramarital affairs directly affect alimony payments, however, judges would not adjust the payment agreement unless one person spent lavishly on their affair or if the financially dependent person plans to live with the person afterwards, thus making them less dependent on the money. Contrary to popular belief, affairs do not affect child custody unless the judge determines that the affair caused the child severe emotional harm.
How Will A Divorce Impact Your Life?
Due to the emotional and financial repercussions of getting a divorce, it is important to consider all facets of how your life may be affected. Divorcing your same-sex spouse will dramatically change both of your lives. Your assets will be divided, your time with your children will be divided, and you may have to make child support or alimony payments after the proceeding.
Child support payments are arranged so that the parent with custody has help meeting the financial needs of the children. Payments are dependent on the parent’s income and costs of providing for the child. The cost of child support payments is something that an individual should consider prior to a divorce.
Alimony was created with the intention of making sure that financially dependent spouses don’t face financial ruin after the divorce. Financially dependent spouses are spouses who rely on the other spouse for financial support. Alimony payments may be made to the financially dependent spouse and paid for by the spouse earning the higher income. While not all divorces result in alimony payments, they could likely be a factor in your case. Contrary to popular belief, even marriages in which both spouses earn income can be impacted by alimony payments down the road. Due to the nuances in the law, it is important to consult an attorney to understand how alimony payments may impact your divorce.
Division Of Assets
All couples who are married in California are married under the communicative property law, including same-sex couples. It dictates that all property accumulated during the marriage should be divided equitably upon divorce. While prenuptial agreements would counter this law, most spouses are required to equitably divide their assets. Since many assets have sentimental value or are not easily divided in half, such as a car or house, the division of property is not as straightforward as one might assume. Additionally, divorces with high-net-worth couples tend to have significantly lengthier litigation due to their accumulation of assets and property.
Visitation And Child Custody
While joint custody is becoming increasingly more common, your relationship and time spent with your child will most likely be heavily impacted by your divorce. Judges make custody arrangements and visitation decisions in the best interests of the children, but you or your spouse might likely find the decision unfair. Visitation times might be highly restricted, difficult to logistically arrange, require substantial travel time, and place unwanted stress on children. Additionaly, with same-sex child custody decisions, judges may take the biological parent of the child into consideration.
One caveat of a divorce that some parents overlook is the impact that relocating may have on children. While exes who do not have children may easily relocate, parents with child custody arrangements find that they are bound to live close to their children. It is important to understand that even after a divorce, you might find that you have to live close to your ex in order to maintain positive relations with your children. The difficulty of relocating after a divorce with children is a factor that should not be overlooked.
Free Consultation For Same-Sex Divorce In The Bay Area
If you are facing a same-sex divorce in San Jose or Santa Clara or the surrounding areas, then LPEP has the resources you need to protect your assets and parental rights. Our dynamic team of qualified divorce and family law attorneys have ample experience with same-sex divorce litigation and collaboration. With a focus on high-net-worth divorce proceedings, we offer our clients comprehensive support.