Going through a divorce is never easy, and it can become more complicated if you and your spouse cannot reach an agreement on specific issues involved in the dissolution of marriage. Unfortunately, this means you will go to trial, and a judge must decide on the issues.
While there are different ways you can use to prevent your divorce from becoming heated, such as mediation, sometimes going to court may be the only solution. Below are the most contested issues in the dissolution of any marriage:
1. Child custody
Child custody is one of the most contested issues. If you cannot create a child custody agreement with your spouse, you may have to go to court, where the judge will decide on physical and legal custody of the child. However, usually, the court prefers that both parents share custody.
2. Division of property
One area of property division that most couples disagree about is the value attributed to marital property. While the value of your house can be determined through an appraisal, the valuation of other tangible and intangible assets may be more complex. For instance, determining the value of the assets and goodwill of a business can be complex. In addition, intangible assets such as royalties and stock options can be valuable and therefore become a contentious matter in your divorce.
Alimony is the financial support paid to one spouse by the other. While there is no formula for spousal support, you and your spouse can agree on how much should be paid. However, if you and your spouse cannot agree on the amount to be paid, the court will decide for you.
Some of the factors that a judge will consider before they can decide on the amount of spousal support to be paid include:
- Ability to pay
- Number of years you’ve been married
- Marital misconduct
- How much has each spouse contributed
However, alimony can be limited to some years or until a particular event.
If you and your spouse cannot agree on any of the above issues, going to court may be one of the steps you can take to achieve the desired outcome. First, however, remember to seek legal guidance during your divorce to ensure your rights are protected.