Divorces are difficult, and regardless of who was at fault or why the relationship ended, it can be an emotional time. The process can be long and arduous, or it can be relatively quick and amicable. If both parties agree to the dissolution of the marriage, the proceedings will go smoother. While it would be nice for parties to agree, there are three situations that can turn even the most amicable divorce proceedings sour and stall the process.
5 Divorce Complications to Avoid if Possible
Divorces don’t have to be long and drawn out with no end in sight. If both parties agree the divorce is the best course of action, then the process is sure to move faster. However, some situations could derail your divorce and prolong resolution.
- Domestic Assault: Unfortunately, too many marriages end due to violence or abuse in the home. From financial abuse to physical violence, divorce proceedings will take a backseat when issues of violence happen. Criminal charges will prolong your divorce or derail it completely. Also, if one spouse is harming the other, an amicable divorce is highly unlikely. Court orders for protection and restraining orders will take time and cost money, complicating your divorce and prolonging the process.
- Pregnancy: If you want your divorce to proceed as planned, getting pregnant is a surefire way to derail everything. In Florida, you will be allowed to file for your divorce, but you must legally acknowledge the unborn child. The court will not finalize the divorce until the child is born, which allows time for custody and timesharing arrangements. Pregnancy complicates divorces and adds complications to the process that may require legal assistance.
- Adultery: Even if your marriage is over in spirit, discoveries of adulterous behavior will cause conflict that could create unnecessary conflict. Beginning a new relationship while ending the current one can cause arguments of financial resources. The soon to be ex-spouse could argue against using shared resources toward a new relationship.
- Retaliation: Divorce is the legal end of a relationship designed to endure longer than it did, so many couples leave the process with mixed feelings. A lawyer can keep the process on track, but occasionally, hurt feelings lead to anger and vengeance. Divorce settlements are devised to divide assets in a manner that is fair to all parties. Anger and a desire for retribution can disrupt negotiations and prolong the process.
- Hidden Assets: Money is a big part of every divorce proceeding. Shared assets determine the outcomes of support payments, debt allocations, and property division. In an effort to keep what is considered personal assets, some couples complicate their divorce by hiding assets.
Sometimes, spouses attempt to hide assets during proceedings, and they may:
- Place money in secret accounts
- Misrepresent their income
- Devalue their business assets
- Use tax shelters and payment schemes
Forensic accounting and financial discovery will help to locate hidden funds and determine the sum of joint assets, but the process will take longer if one partner is working to obfuscate an accurate accounting. You may need to take additional steps to force your partner to reveal all their assets, which makes your divorce longer and harder.
It’s easy to unintentionally complicate your divorce and prolong the process for everyone, but it’s in your best interest to do everything you can to work with your legal representative and partner to find areas of agreement that create a path forward to resolution.
Beatriz Zyne, P.A. can develop a strategy for your divorce in Miami. Call us now at (305) 876-6138 to schedule a consultation.