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Common Divorce Issues

A dissolution of marriage can involve a wide range of complex area, although there are some common divorce issues.  However, the process is typically easier if there are no children involved.  That’s the theory, anyway.

As the two parties enter into the divorce process, it’s important to remember that they could always reach an agreement on the points, outside of court and have the attorneys file to proper settlement agreements and motions to conclude the divorce proceedings.  This can dramatically expedite the process and reduce the costs associated with a prolonged, heated litigation.

This alternative route also enables the parties to maintain the maximum amount of influence in the outcome of the divorce settlement.  It eliminates the uncertainty of turning your life over the the judge to rule on complicated decisions with lasting implications.

When children are involved, the common divorce issues are typically as follows:

  • A petition for the dissolution of the marriage
  • Joint custody and parenting time schedules
  • Child support
  • Possible spousal support (temporary or permanent)
  • Division of marital property
  • Restoration of non-marital property
  • Assignment of debt

Divorce law continues to evolve to reflect societal changes.  How the court deals with child custody has significantly changed in the last year based on recent rulings resulting in a general trend toward joint-custody.  There are obviously exceptions for extreme cases.

The common divorce issues, if considered prior to entering into a divorce proceeding, can be agreed upon by the soon-to-be former spouses.  The more progress the couple can make in these areas, the easier it will be for them to finalize the dissolution.

Not all divorces go this smoothly, but there is a path.  It’s not uncommon for one or both of the parties to reach an impasse regarding a certain aspect (e.g. children, spousal support or property).  The more rationally each approaches these issues and works for a compromise, the better off it may be in the long run.  Again, there’s alway the risk of putting these complicated issues in the hands of a judge who really doesn’t know either of you.  This situation may not result in your achieving the outcome you’d hoped.