Divorce is rarely easy, especially when it involves ongoing spousal support. In many cases, individuals who divorce would prefer to not engage with each other after the divorce finalizes, but spousal support is an important part of the American divorce system, especially when one spouse enjoys a significantly higher income than the other.
Divorce is often much more complicated than couples realize, especially in comparison to the relatively sparse process a couple must go through to get married. While two people can get married with a few simple forms properly filed, divorce is not remotely as simple, even in a best case scenario.
As soon as one spouse in a couple suspects that divorce is on the table, he or she may attempt to keep an unfair portion of the couple's marital assets by hiding some assets. Not only is this unwise and unethical, it is actually illegal. Although spouses who hide assets from one another rarely see jail time for these offenses, it may seriously affect the perspective of the judge who hears such a divorce case.
Parents facing divorce have some very important negotiations ahead of them. When working through parenting, custody and support agreements with your spouse, be sure to address the issue of medical child support.
Divorce is different for each couple, and each divorce requires a different approach to reach satisfactory terms for the parties involved. A friend's divorce that you witnessed may seem very similar to your own impending divorce, or have some of the same moving parts, but it is unlikely that the exact same legal actions will lead to the same results. If you face a divorce, you need to assess your priorities before you begin building your strategy for getting through this difficult season.
If you and your spouse are considering a divorce but are unsure about it, you may benefit from the use of a legal separation. Legal separations operate very similar to divorce, but do not actually terminate the marriage, giving spouses time and space to take stock of the relationship while operating within a structure similar to a divorce decree. In some cases, couples undergo legal separation and find that they do not actually want to divorce, while others use it as a more gentle on-ramp to dissolving the marriage.
When you begin wading into the tricky waters of divorce, finding a way to fairly divide marital assets can be tricky. This is especially true for couples without children who have few assets other than a house. If you have concerns about who will keep the house or whether to keep it at all, don't worry — there are solutions to all of these concerns, even if they are not what you might prefer.
Most people have at least a vague understanding of prenuptial agreements, but many do not know that married couples can also create postnuptial agreements. A postnuptial agreement is similar to a prenuptial agreement, with some key differences. In general, postnuptial agreements are less legally binding, but are still valuable for spouses who need to create boundaries or address significant changes in their finances.
Just because you want to get divorced doesn't mean it has to be a big messy affair. In fact, in some cases, you and your spouse can file for an uncontested divorce and resolve the matter fairly quickly and simply. Unfortunately, even the simplest of divorces is still a very complex process, so it is rarely wise to attempt to file for divorce without any professional guidance.
Prenuptial agreements are a useful, wise way to protect yourself and your spouse from many of the pressures that tear marriages apart, and can help keep a divorce process simple if your marriage ends. However, just because you have a prenuptial agreement doesn't mean that it will hold up in court.