People always ask me: “What’s the main reason people get divorced?”
There is no easy answer here because people get divorced for MANY different reasons. For as many clients I have, that's how many various reasons there are. The commonality is not why people get divorced but rather what they fight about after deciding to divorce.
In that, it seems, the commonalities are nearly universal.
The Fight for Custody
When there are children in the marriage, people will almost always fight for custody and/or visitation. Inherently paired with custody is child support, which leads to a fight about money. Which parent makes more money? Which parent will get greater custody rights?
The complicated calculus of the amount of child support and who will be paying it is rarely resolved quickly or amicably. Almost inevitably, it will be a battle over both the most major and minor details.
Throw in the custody schedule and visitation hours, and there is even more territory for the ex-spouses to contest each other. However, couples who can maintain a positive co-parenting relationship and resolve issues such as custody, visitation, and child support amicably are significantly ahead of the game in divorce.
The Fight for Assets
If there are any assets, and there usually are, then there will be another battle to see how those assets should be divided. It does not matter if the asset is a used car or a multi-million-dollar home—nearly always, there will be disagreement about who will get what and for how much. While California is a community property state, “50-50” is only the beginning of the battle for who gets what.
The Fight for Support
Typically, whoever has the greater earning power is the one who pays spousal support, which is a figure that is not easily determined. The person receiving the support may be tasked with proving why the figure is justified, and the person giving the support will do virtually anything to chip away at that number to make it lower. The back-and-forth sparring can go on for months.
Less Fighting Equals a Less Expensive Divorce
It is in the interest of both parties to have as few disagreements about the major issues as possible. Even if they can limit their argument by one area, such as agreeing on custody but not assets, or vice versa, they are ahead of the game and will save a significant amount of money. That's why it is advantageous for both ex-spouses to agree as much as possible before things get heated, and the court needs to get involved.
Park Family Law Can Help
To help you obtain the best negotiated terms in your divorce, call the attorneys at Park Family Law.
Whether you need an experienced mediator to amicably and efficiently settle your case or an aggressive litigator to get you the best results in court, Park Family Law can assist you every step of the way.