Divorce is a varied and often difficult process. The laws regulating it depend on whether spouses are civilians or military. The existence of property and/or children falls under another level of regulations and laws. These factors are regulated at a state level. It is important to also remember, both spouse’s annual income taxes will be affected by this process. divorce and custody has some nice tips on this.
Only one service member is needed to move the proceedings into a military setting. Military proceedings affect the outcome of several items, such as the distribution of pensions, location of the proceedings, and possible delays based on service. These regulations are mainly administered under the guidelines of the Servicemembers Civil Relief Act. In the case of potential military litigation, it is important to seek out specifically qualified representation.
The timeline of any divorce has many factors weighing upon its outcome. Each state regulates the length of time involved, whether by legal separation, duration of time between service of papers and finalization, or even the perceived level of difficulty in acquiring a final outcome. The cooperation of each spouse also affects the amount of time spent in a trial separation or litigating. Both of these processes are capable of stretching out over many years, and can be held up by one disagreement over an asset, children or another factor.
The division of property and assets has the potential to lengthen proceedings if one or both parties are unwilling to compromise or agree upon a settlement. Sometimes, the existence of a prenuptial agreement can curtail this type of dispute. Without a prenup, as they are often called, a spouse who owned the now family home prior to the marriage may be forced to sell the property in order to split its value. In some cases, both spouses are agreeable to the property division without much litigation. Other proceedings may drag out over long spans of time due to a disagreement over a specific item with little or no monetary value.
Child support, alimony, and custody cases vary, sometimes substantially, state by state. As our societal views of these aspects change, so seem the regulations change as well. In the case of children, in most instances, the child’s welfare is placed above convenience and desires of the separating parents. For this reason, research in child development, social work regulations, and state mandates all can affect the outcome of childcare related proceedings. Similar to property division, child support and alimony can drag out litigation and vary greatly based on the jurisprudence of the specific state court.
Marriage and the addition of children can provide tax benefits. Divorce or separation must also be considered carefully during tax preparation. Federal and state regulations stipulate how alimony, child support, dependents, and marital status changes weigh for a new tax year. If and when your status or support changes, it is advisable to seek the help of a certified public accountant or other tax professional.
It is important to prepare for and consider divorce with all of these factors in mind, as well as the welfare of all family members. This decision has the potential to affect the entire family’s life for many years into the future. Not only is it vital to procure both a prepared lawyer and accountant, but also strong understanding of the desired final outcome.