Ideally, all divorces would happen on relatively amicable terms, and both spouses would be able to separate with a minimum of conflict. However, realistically speaking, divorces tend to be tumultuous, and it is rare for spouses to come to a common consensus on their own. Here are five issues that tend to be particular sources for conflict in divorce disputes:
- Dividing major assets
- One obvious sticking point for many spouses is who gets to keep certain major assets. Family homes and vehicles tend to be particular sources of contention, but so can things like family heirlooms, valuable artwork, and even investment portfolios. In the process of equitable distribution, it is common for property to be divided unequally, which can lead to greater animosity between the divorcing couple.
- Dividing up a business
- It is common for many couples to open a family business together, or for someone to take part ownership of their spouse’s existing business. This can be fine when a couple is getting along, but when they get divorced, a family business can become a source of division as well. In many cases, spouses that co-own a family business may need to get a “business divorce” at the same time as their regular divorce.
- Child custody and visitation rights
- Perhaps even more than property disputes, conflict over child custody and visitation can be a serious source of divorce disputes. People typically want to get custody of their child, or at least be able to visit their children, and they will fight hard to win those fights. Unsurprisingly, these arguments can get bitter very quickly, becoming a major source of litigation.
- Living arrangements
- One factor many people do not think about prior to divorce is where they, and their children, will live after the divorce is done. While it may seem absurd, the court does have the power to order people to live in certain areas, when it is to the benefit of their children. As a result, spouses can easily get into disputes over where they must live in order to facilitate any custody or visitation agreements.
- Spousal support
- When one spouse has a substantially higher income than the other, and especially one one spouse was a stay-at-home parent, it is common for the court to award spousal support, also known as spousal maintenance or alimony. This forces one spouse to pay for the other’s living expenses for a period of time, or until they remarry. This can be added on top of child support or other similar obligations, leading to potentially serious divorce disputes.
If you have questions regarding child custody or other aspects of family law, you should seek advice from an attorney experienced in handling these matters. A New York matrimonial lawyer, who is experienced in handling family law cases of all sorts, can advise you of your legal rights and will fight for your best interests in court. If you are facing a dispute related to the equitable distribution of property, child custody, child support, or any other family law issue, contact the Suffolk County family court lawyers at McGuire, Peláez and Bennett at (631) 348-1702 or visit our contact page.
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