What Makes a Divorce Complex?
Divorce can be a draining process. This is true for all divorces. However, the experience may be more challenging and emotionally draining if your divorce is a complex divorce. Often, a complex divorce will require a higher level of legal expertise, negotiation skills, and sometimes going to court. It will require professionals in various fields who can help resolve various issues, such as forensic accountants, vocational experts, and guardian ad litems. Typically, complex divorce cases may take longer to resolve. This article discusses some factors that make a Florida divorce case complex.
- Significant Financial Assets
One of the primary factors that can make a Florida divorce complex is significant financial assets. For high-net-worth individuals, the complexity of a divorce case can grow very quickly. Usually, courts and attorneys consider a divorce “high net worth” if the parties have a combined net worth of $1 million or more. A high net worth divorce case includes, among others, complex financial structures, multiple assets, and businesses. Spouses with significant financial assets will generally require a team of professionals to assess the value of everything because some assets may be difficult to value. Their attorneys will need to have a good understanding of the complex legal and financial nuances involved in the case. When a divorce involves significant financial assets, the process of dividing the assets between the spouses can be contentious and time-consuming.
- Children
Child-related issues are among the most sensitive and emotionally charged aspects of a divorce. Disputes over timesharing (previously called child custody or visitation), child support, and other child-related matters can escalate tension between the divorcing parties. For example, both parents may want to be awarded sole parental responsibility or have majority timesharing leading to emotionally charged disputes. When it comes to child-related matters, the child’s “best interests” is the guiding principle. However, disagreements may still arise over factors such as religious upbringing, education, lifestyle choices, and living arrangements. If, for instance, one parent accuses the other of being unfit, it can make timesharing issues more difficult to resolve, and result in the need to get child-related professionals involved.
- Significant Debt
The presence of significant debt can make a divorce case quite complex. Just like with assets, debts are divided between spouses during the divorce process. When a divorce case involves significant debt, deciding how to divide the debts can be challenging, especially when one party feels they should not be responsible for certain debts. Significant debt can prolong the divorce process, as shared debts must be carefully assessed to ensure a fair division.
- Certain Financial or Legal Situations
Some financial and legal issues, such as prenuptial agreements or tax implications, can complicate a divorce. While a prenuptial agreement can simplify the divorce process, it also has the potential to create complications, for instance, if one spouse contests its validity. For cases involving tax implications, if careful planning is not done, it can lead to financial pitfalls. An error can result in unexpected liabilities, impacting each party’s financial stability post-divorce.
Must a Complex Divorce Case Go to Trial?
While many complex divorce cases proceed to litigation, it is possible to resolve a complex divorce case outside of court through alternative dispute resolution (ADR) methods like mediation. Most jurisdictions require parties to participate in mediation prior to proceeding to trial. Utilizing a seasoned private mediator typically is money well spent, as very often a good mediator can be a tremendous tool in assisting the parties and their attorneys to bring a complex case to resolution without the need for trial.
Contact Our Tampa Divorce Attorney
With the help of our qualified Tampa divorce attorney at The Law Office of Laura A. Olson, P.A., you can increase the chances of a smooth divorce and a favorable outcome. Contact us today to schedule a consultation.
