Any divorce can become complicated, particularly when they are hotly contested. There are some common factors in many Royal Oak divorces, though, that will complicate a divorce even when the divorcing spouses are not engaged in a bitter battle. These factors are when children are involved, when a business must be divided, and when one spouse is hiding assets. Although these factors will almost automatically complicate divorce proceedings, there are ways spouses can mitigate those complications to get their divorce finalized sooner.
When Children are Involved
Child custody and child support are two of the most contentious terms in any divorce. No parent wants to spend less time with his or her child, and child support often causes arguments about how that support is spent and if it is really going toward the child’s expenses. Spouses are encouraged to draft a parenting plan and visitation schedule together with their attorneys. This can keep these issues out of the courtroom, which can help expedite the process. It also helps keep things more civil for the parents, which is beneficial to everyone, especially the children.
When a Business is Involved
Businesses always complicate divorce proceedings. Unfortunately, there are not a lot of ways to avoid these complications. First, the value of the business must be correctly determined. Then the court will determine if the couple started the business together and if they grew its assets together. When this is the case, the assets may be divided under Michigan’s equitable distribution laws. However, splitting a business equally is not always possible. When this is the case, the court will determine how to divide the business. In some cases, the court may decide to award one spouse the business while awarding the other spouse more in other property.
The only real way to avoid the complication of a business in a divorce is if the spouses can agree on how to divide the business. For example, one spouse may agree to buy the other out of the business.
When One Spouse Hides Assets
Sometimes, spouses are not honest about the assets they have because they do not want to divide them with their spouse. This is a difficult situation and will automatically lengthen divorce proceedings because alternative dispute resolution such as mediation just will not work. This complication also cannot be avoided because no one can control another person’s actions. However, an attorney can combat this dishonesty by subpoenaing documents such as financial statements, and by requesting other evidence during the discovery phase.
Our Michigan Divorce Attorneys can Help Complications
Every divorce is going to bring with it some complications. When you work with our Royal Oak divorce attorneys at Iafrate & Salassa, PC, we can help mitigate these so your divorce proceeds smoothly. We will negotiate with the other side to get you the most favorable settlement as quickly as possible. If necessary, we also have the experience needed to take your case to litigation so all the facts can be examined and a fair decision can be reached. Call us today to schedule your free consultation with one of our attorneys.