The Most Contentious Issues in a Divorce

Divorce is a process that creates upheaval in almost every aspect of a person’s life. So, it should come as no real surprise to us that it can often get contentious. This is especially true when the person on the other side is someone there is some level of tension with already which is leading to the divorce. That said, there can be ways in which the potential conflict of a divorce can be minimized. One of these ways is to be aware ahead of time of the issues that are most likely to turn contentious.

Child Custody

For most parents, there is nothing more important to them than their children. Even if both parents in a divorce want what’s right for their children, they may not see eye-to-eye on just what that looks like. Beyond that, parents want to be with their children, and figuring out those arrangements can be particularly difficult for parents. A lawyer with child custody experience can help reduce some of the tension, though, by setting realistic expectations regarding custody possibilities.

Child Support and Spousal Support

After children, the next most intense element of a divorce is going to be anything involving money. It can be very difficult to find some level of child and/or spousal support that is agreeable to both sides. This can be especially true if the party paying support is not the one who initiated the divorce and may be opposed to it. Issues involving money require delicate handling, and that is especially true for a divorce. Make sure you talk with your support attorney about what to expect regarding these issues.

Property Division

Property divisions can have two potential sources of conflict. One is that it must be determined what is community property or individual property. The individual property is split, so it’s not uncommon for one party to believe that more should be included in that pool than the other. Then when it comes time to divide the community property, it is understood that the division should be fairly even according to California Law; however, the question of who gets what can sometimes be a source of conflict.

FAQs

Q: How Can You Minimize Conflict in a Divorce?

A: There is always the likelihood of some level of conflict in a divorce. It’s an emotionally charged time. There’s also the possibility that the reason for the divorce carries tension and conflict. However, there are some steps you can take to help minimize the conflict. One of these is preparation. It can be very valuable to make sure you have things like finances, living arrangements, important documents and information, and other pertinent information in order before the divorce process really begins in earnest. Another thing that can help minimize conflict is working with an experienced divorce lawyer. Their knowledge can help guide you through the process and minimize the possibilities of surprises and unexpected issues, which can add to the stress and likelihood of conflict.

Q: How Is Custody Determined in a California Divorce?

A: The guiding principle for custody decisions in California is the well-being of the child or children involved. The only preference the court will show is toward whatever it believes to be in the interests of the child. There is not meant to be any preference based on the sex/gender of the parents involved. If possible, the parents will try to come to an agreement on their own regarding the custody dynamic after the divorce. This will have to involve putting together a parenting plan that will address things like parenting time and how important decisions regarding the child’s upbringing will be decided. A judge, though, will ultimately have to sign off on any custody agreement and may make changes if they feel they are in the child’s interests.

Q: How Long Does a Divorce in California Take?

A: The time that a divorce may take in California can vary. The minimum period of time is six months from when papers are served. So, if the negotiation of a divorce is amicable and done as quickly as possible, then it could potentially if the court is available, be finalized within six months. However, it could also take much longer. Any level of conflict in the divorce process is likely going to extend the time involved. If the level of disagreement is so deep that negotiations break down and the court will have to be more heavily involved, the time, and expense, will increase.

Q: What Can Lead to a Divorce Order or Agreement Being Modified

A: It is possible to seek and receive modifications to certain elements of the divorce order even after it is finalized. The parts of the agreement most likely to be, and most frequently, modified are child custody, child support, and spousal support. The modifications could be smaller or could be broad, sweeping changes. In order for modifications to be considered, though, you must first make the case to the court that something has significantly changed enough that it warrants reconsideration of the issue in question. What constitutes a significant change can vary based on the issue and circumstances, but a divorce lawyer can help you understand if you may have grounds for modification.

Reduce the Conflict With the Right Legal Team

One of the smartest ways to reduce the conflict and tension in a divorce is to make sure you are working with the right legal team. A source of the conflict that can occur in divorce negotiations is stress, but stress can be mitigated by having a clear picture of where things stand with the process and what is reasonable to expect. A good divorce lawyer should make sure you are kept well aware of where things stand with the process. At Bickford Blado & Botros, we try to ensure our clients have a solid understanding of where their divorce stands, the next steps moving forward, and what to expect. We are ready to answer any questions that can help reassure our clients. We also put our experience and knowledge towards trying to keep the process as agreeable as possible. If you are looking for a legal team you can trust through your divorce, contact us today.

 

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