Divorce is, no doubt, stressful. It may sound like a relief when you’ve been putting up with a spouse you don’t love anymore, but the moment the proceedings begin, it’ll be far from the relief you’re seeking.
Experienced family lawyers know this all too well. That’s why it’s crucial to work with them from start to finish. They’ll help you prove your spouse’s misconduct, win child custody, and claim the assets rightfully yours.
But even with a lawyer at your side, challenges will still come your way. Below are the common hurdles you may encounter during and after the divorce:
During the Divorce
1. You Can’t Be Present to Defend Yourself
If you’re in the military, for example, the divorce can result in default because you were unable to show up in the court to defend yourself. Fortunately, the Service Members Civil Relief Act has protected military spouses deployed at the time of the divorce. The act allowed courts to re-open the case and give the now-present spouse a chance to defend themselves. That is especially beneficial for exes that are also battling over child custody.
2. Providing All Necessary Information
To make the divorce process as smooth as possible, both spouses have to provide necessary information to the court. That includes financial documents, such as tax returns, bank statements, estate planning paperwork, and everything else that will be important in the division of property and child custody.
That is challenging because the documents you’ll present will determine whether you are fit to win child custody. Moreover, your spouse may use certain information against you, weakening your defence.
3. Property and Debt Division
Some states consider marital misconduct in determining alimony. While it can be easier to file a no-fault divorce, especially if your spouse hasn’t been unfaithful, a fault divorce may work better in your favour in the end. That’s because, in some cases, marital misconduct can have a positive impact on child custody.
4. Safety Issues
In an abusive marriage, safety can be a concern. Private investigators can be hired to ensure the safety of the petitioner and their children, and a restraining can be issued to a threatening respondent.
5. Your Business
If you’ve started a business during your marriage, that’ll be considered as marital property, unless you signed a prenuptial or post-nuptial agreement. But otherwise, the business may need to be split or sold.
1. Re-opening The Case
As stated in the first challenge above, specific circumstances, such as your spouse being deployed, can allow the court to re-open your case. Once your ex provides all the necessary information they deem helpful in their defence, you may risk losing child custody or properties.
2. Inaccurate Financial Information
If you or your ex failed to provide accurate financial information at the time of the proceedings, it might result in a lower amount in a child or spousal support or the settlement between you two.
3. Discovering Hidden Truths About Estates
If the divorce has left you with no compensation from your ex, you may discover some hidden truths about your estates. In this case, you have to work with your lawyer again to uncover concealed financial data and claim what’s rightfully yours.
Divorce is indeed an arduous process, and you can’t celebrate too early after its finalisation. Hence, be thorough from the beginning, ensuring that all information you’ll provide is correct and updated. One little mistake can cost you the custody of your child or valuable properties, so strive to stay focused.