Common Legal Issues That Arise During Divorce

woman signing divorce decree

Marriage is a sacred institution, but we are living in the 21st century, which means couples have the full right to leave their partner if they feel their compatibility is lacking over time. However, divorce is not as simple as that.

While some people treat their divorce as a breakup, it is essential to note that as unfortunate as it is, divorce is a huge legal complication that only your divorce attorney can help you with

Divorce is much more complex than most people think – most couples step into the court without considering the legal issues that can and do arise during a divorce trial. You might be entangled in your own emotional roller coaster throughout this time, but it is important to be prepared to face the various legal issues that will come your way during this process.

This is why we decided to compile this article. Today let’s talk about the various legal issues that arise during a divorce trial.

Legal Issues During a Divorce Trial

1. Child Custody and Visitation Rights

This is the most common legal issue in divorce trials if the couple shares a child or children. The biggest debate in most divorces is to decide who will get the primary custody of the child and what visitation laws will apply to the partner. The court takes this legal decision in favor of the children and their best interests, considering factors like parents’ mental and physical health condition, financial status, working schedule, and so on.

2. Alimony

Another common legal jargon you must have heard from various divorce trials. This is a legal issue that takes most court hearings as it involves considering various factors such as the length of the marriage and the income status of each of the spouses – to decide whether one is required to pay alimony to the other or not.

3. Child Support

Another legal issue involves children and payment. The child support issue is solved based on custody because usually, if one parent gets primary custody of the child, the other parent is required to pay for the child support. The amount for child support to be paid is based on the number of children, the parent’s total income, and the custody arrangement between the two.

4. Debt Allocation

Debt incurred after marriage is often called “joint debts” because the two spouses share the debt funds – even if one spouse has signed for the debt. This means that both spouses are responsible for paying the debt even if you are getting divorced. However, the court decided how the debt would be allocated and divided between the two after the divorce.

5. Division of Assets and Estate

Another huge legal issue varies from state to state. Some states follow common law property where property acquired by one partner remains their sole property, and the other has no rights on it. While some states (9 states) follow community property where marital property bought during the marriage is divided between the two equally,

Understand Legal Issues Surrounding Divorce

Divorce is a lengthy and complicated process; if you are planning to get a divorce from your partner, we advise you to do your research and increase your knowledge about the various types of legal issues surrounding the process. The best way forward would be to consult a divorce attorney to guide you every step of the way. Find the best divorce attorney for your case here!


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