Even though couples are made in heaven, divorces often take place on earth. In many cases, a divorce is a challenging and emotional process that can last for years and potentially affect the lives of many people when not managed properly.

Professional Tulsa divorce attorneys have analyzed their past experiences with divorces and prepared this review to help inform you about the possible challenges you may encounter one day. Experienced attorneys have also supplemented each challenge with a solution that may help to overcome it as smoothly as possible. Legal professionals are often available to assist you with this goal in mind and help navigate the process as effectively as possible.

Child Custody and Parenting

Child custody is one of the emotional aspects of any divorce. Disagreements often arise over who gets primary custody, how visitation will be arranged, and how mutual parental responsibilities will be handled.

Since this aspect concerns children’s rights and interests, it is often emphasized in court hearings, where judges are inclined to prioritize the child’s primary interests. This factor, however, can sometimes seem vague and subject to debate. Among other things, the primary interests of children are typically assessed by evaluating the child’s relationship with each parent, their stability, and each former spouse’s ability to meet the child’s physical and emotional needs.

If disputes arise between the parents, mediation is widely regarded as one of the effective ways to resolve them. This process involves an impartial professional who can help consider both sides’ opinions and propose workable solutions for both parties. It is often difficult for emotionally overwhelmed individuals to see such solutions on their own. Typically, the mediation process concludes with the drafting of a parenting plan that outlines custody schedules, visitation, holidays, and mutual decision-making regarding all significant aspects of the child’s future.

Division of Property and Assets

This is another challenge in many divorces, and, frankly, it is sometimes even more complex than arranging child custody. One important nuance of this process that is often overlooked is that not only assets but also debts must be divided during the divorce. These debts often include unpaid loans, credit card balances, and mortgages.

In most cases, both assets and debts are divided equally. However, many factors could potentially affect this division. The assets can be divided fairly, but not necessarily equally. If you need a detailed assessment of your specific case, it may be helpful to consult with a professional attorney.

During the property division process, another challenge arises. Accurately valuing marital assets is essential. This process may require the involvement of financial professionals or appraisers.

Note that prenuptial and postnuptial agreements can sometimes significantly simplify property division. If you want to protect your rights and interests in these cases, it may be ideal to consult with or involve a professional attorney before signing any agreements proposed by your spouse. If such agreements are absent, the spouses may negotiate a property division amicably or ask a court to determine a fair division.

Alimony or Spousal Support

Alimony is financial support provided by one spouse to another after a divorce. While it is often associated with child support, the other spouse may also be entitled to receive such financial support in certain cases. It is a sensitive issue, as paying alimony is generally considered a long-term commitment. More specifically, the duration and amount of alimony are two of the challenging aspects of the process.

A spouse who is required to pay alimony is typically expected to have a higher income or earning potential. The amount of alimony is always determined on a case-by-case basis and should be justifiable. The ideal course of action is to negotiate the amount of alimony and the duration of payments amicably through mediation.

If prior negotiations and mediation have failed to reach an agreement, the matter will typically be addressed by a professional judge in court. When deciding on the amount and duration of alimony, a judge will consider factors such as the length of the marriage, each spouse’s financial and non-financial contributions during the marriage, and other relevant factors.

Ultimately, the judge assesses the recipient’s needs and the paying spouse’s ability to pay alimony. Note that the alimony amount may be reconsidered in the future if the personal circumstances of each spouse change.

Co-Parenting Challenges

This issue typically arises after divorce, as many parents are determined to maintain ongoing conflict. In some cases, the agreement reached during the divorce may fail to work. If this happens, the involvement of a professional attorney could be required. Effective, stress-free co-parenting is vital for a child’s well-being.

Clear communication, often facilitated by a professional, can help resolve issues more quickly. An attorney may help both parties set aside personal feelings and focus on the important aspect—the child’s primary interests.

One More Thing

Even though it may seem that a court proceeding is the only way to resolve divorce issues, it is advisable to consider it as a last resort. Court hearings can be costly and may last for years. This process often involves the participation of experts, witnesses, professional attorneys, and others to move forward with consideration and dispute resolution.

On the other hand, it may be much more beneficial to focus on negotiations and mediation to settle all issues. These alternatives are often less expensive and less stressful, providing more predictable outcomes for both spouses. Involving a professional attorney can help streamline the process, leading to faster and more cost-effective dispute resolution.

Bottom Line

Divorce is a significant milestone that marks the end of an important chapter in the lives of both spouses. Overcoming the challenges associated with it is essential to preserve mutual respect and share obligations that cannot be overlooked.

If you feel overwhelmed by emotions and find it difficult to reach workable solutions, professional attorneys can assist with that. Rely on their expertise and begin your new life with more confidence and less stress.

Disclaimer: The information provided in this article is for general informational purposes only and should not be construed as legal advice. Every divorce case is unique, and we recommend consulting with a qualified attorney to discuss your specific circumstances and receive personalized guidance.