If you have to go through, or have gone through, the process of a divorce then you know that it is not what you originally intended when you married in the first place. Several divorces can become intense even when it involves just the two adults. The situation can become much more intense, however, when children are involved or other dependents are a part of the equation.
When speaking with couples going through a divorce who have dependent children or other dependents, many are not aware of the legal ramifications of what divorce can do to one’s time with children, finances, and geographic living constraints. Here are just a few of the topics on which many couples are not aware either before or after the divorce is finalized:
* Laws are in place for child support modification. Should one of the couples have a significant increase or decrease in income within a defined period of time after the divorce (each state has its own rules), it is possible that the other party receiving child support could have an increase or decrease as well. One of the parties suffering a medical disability also can affect child support payments.
* Child support and monthly income amounts could vary from what one party thinks he/she will receive if the children involved are from a previous relationship. The same uncertainty can be said if one party has other dependents such as elderly parents who need medical care.
* In high net worth divorces, there also can be other parties involved such as local or national media, boards of directors, employees and shareholders. Even though the reason for the divorce may be between the two spouses, the livelihoods of other people could be involved and they likely will want to defend their income streams and/or equity stakes or perception of their family names.
* Also in high net worth divorce situations, some assets cannot necessarily be divided such as family heirlooms, works of art, investment properties and some legal entities which may have been created like certain trusts or corporate entities. You will have to address these situations as well.
* In some situations, prenuptial agreements may be amended due to the circumstances. Your attorney will have to guide you depending on the specific situation.
* Depending on the reasons for the divorce, custody and visitation rights may be significantly different from what you expect. Should there have been other legal factors such as abuse, neglect or other legal situtations regarding the children or other dependents then your attorney will have to guide you. State and local laws will vary, so someone you know who was in a similar situation as you does not necessarily mean that you will have a similar outcome.
Again, these are just a few of the topics which most couples do not necessarily consider when going through a divorce or even after the divorce is finalized. You will need solid counsel from a divorce and family law attorney you trust due to both the variations in state and local laws as well as the likely sensitive nature of the information pertaining to your divorce. Just remember that the outcomes earned by others you know who were in similar situations may not necessarily be your final outcome. Discuss with your attorney the documentation you require and what options you have as the divorce process proceeds in order to have the best chances of some form of favorable outcome.