Just as no two marriages are exactly the same, every divorce presents its own challenges.
Many legal matters deal with a particular event and decide who is wrong and who is right. But divorces deal with entire relationships. There are usually several ways to resolve the different issues couples face.
However, there is a process, and we’re here to help you make sense of it.
The complexities of divorce are usually related to children or finances
In divorce, you need to address all the technicalities of dividing property and financial support. However, you also need to work out how the children should be raised, who they spend time with, and when.
A divorce can be very simple and straightforward or drawn-out and complex. Factors include how long the marriage lasted, your assets, and your current relationship.
What happens once a divorce petitioner is filed?
A divorce officially begins when one spouse files a few simple court forms and pays a fee. From there, both sides often go through a period of determining what their assets are, raising issues of custody (if there are minor children) and generally gathering and exchanging information.
After that, a divorce case will end in one of two ways: settlement or trial.
Settling vs. going to trial
It is always faster, less expensive, and less stressful to reach an agreement with your spouse. Courts will often take steps to encourage and facilitate this. They acknowledge that a judge will never know each of you as well as you know each other and can only see part of the picture. Most divorce cases end up settling at some point.
But sometimes people just can’t agree on something important. They want a judge to hear their side of the story, hoping to get a decision in their favor. This is when each spouse will have a chance to testify, bring in witnesses, present evidence and argue why they should receive what they’re asking for. Trials can last as short as a few hours or as long as several weeks.
Handling a divorce can also become more complex if one spouse has significantly more money than the other if assets are difficult to divide, or if there is any domestic violence or substance abuse involved, to name a few examples.
Do you need help navigating the divorce process?
Our attorneys at the Law Office of Benjamin Kanani are experienced in handling complex divorce cases and work diligently to ensure the best possible outcome for our clients for every factor of a divorce including spousal support, property division, child custody and child support. Contact our office today for a free consultation!