Why Does Divorce Have To Be So Complicated?

Why Does Divorce Have To Be So Complicated?The process of legally separating from somebody with whom you’ve been previously tied, perhaps for many years, sounds like a complicated process. That’s why most people don’t think getting a divorce is going to be fast and pain-free. However, the lengths many people go to during a divorce can make the process so complicated that even the cynics among us find it miraculous.

Why are divorces really so complicated though? While it depends on the couple, and every situation is different, there are some common reasons why a divorce can be a long, drawn-out affair.

Real Estate And Assets

When a couple owns a home together, trying to decide who stays in the house can be a major issue. If the couple used joint funds to buy the home, determining who will stay and how funds will be paid to the person relocating can be very tricky. It can also make tempers flare since many situations lead to both partners feeling like they’re entitled to stay in the home.

Other joint assets like investment and retirement accounts complicate the divorce process further. Splitting investments isn’t always as easy as cashing out an investment plan, and in many cases, dividing them is the best choice for both partners.

Figuring out who gets what and why can be a serious problem however, especially when both partners want to retain the same assets.

Spousal Support

Spousal support, or one partner paying to help the other support themselves after a split, can be troublesome for many couples. The most common problem when it comes to spousal support is the amount one partner pays the other.

Often, the individual that has to pay spousal support may feel like they no longer should have to pay for their partner since they’re no longer connected to them. At the same time, the person looking to receive financial support may feel they’re owed payment because of money earned in the relationship when they were an equal partner.

When couples can’t resolve this issue on their own it is often up to the courts to determine what is fair. That makes the issue of spousal support one that could take months or years to completely hammer out.

Do You Have Children?

One of the biggest reasons divorces can become complicated affairs is trying to figure out who will take care of the children and when. Many parents want equal custody, but in some cases, one partner may want that while the other wants full rights to care for their children.

In some cases, you’ll also find that parents argue over when they get to have their children at the home. If both partners work for example, weekends are going to be when parents want to spend time with their kids.

Cases where one parent things the other is an unfit caretaker also may divorce very complicated. These divorces can drag on for months and often turn nasty very quickly.

Hiring The Right Attorney

Getting a divorce isn’t always going to be a simple task. Even when young couples with few assets and no children get divorced, the process can take months.

Hiring a skilled attorney to help you negotiate divorce is something you need to do. Even if you don’t want a contentious divorce – and nobody really does – you need somebody on your side to make sure whatever arrangements are made are fair to you.

Hiring the right attorney can also keep conversation between you and a former partner from turning into screaming matches. If you’d like a free telephone consultation, please contact us at (510) 521-9500 for our East Bay office, or (415) 482-7800 at our San Rafael office.