Special Circumstances in Divorce

Irrespective of the parties involved, the divorce process generally follows the same pattern, but some factors may impact the procedure. A spouse's status, such as military service or foreign nationality, can usually change the process. In other cases, the circumstances of the marriage, like an older age difference or shared children, will affect the divorce's practical objectives. Divorce With Children Divorce cases involving shared children, whether biological or adopted, may place a greater emphasis on decisions about child support and custody. In a divorce involving children, parenting strategies and child support during and after the separation are likely to be key factors. Child custody and support issues will indirectly impact divorce proceedings that do not directly include children, such as the distribution of assets. High Net Worth Divorce High net worth couples going through a divorce may spend a significant portion of their time evaluating their assets and determining how the divorce will affect their financial situation. The parties will most likely consult experts to determine their assets' value and develop a distribution strategy. If the asset in question is valuable, disputes about which assets are separate rather than marital assets may be particularly difficult. Even a spouse's independent property may have an impact on asset division, child support, and spousal maintenance. Divorcing spouses with a high net worth may have increased ambiguity in child support procedures because most state child support rules are only applicable to modest earners. Late-Life Divorce A divorce may impact the retirement years of either spouse between partners who are 50 or older. The date of a divorce and the subsequent asset distribution may impact one's ability to receive benefits from Medicaid and Social Security. Couples who get divorced later in life are more likely to have estate planning documents like wills, trusts, and insurance policies that might need to be updated after the divorce. After longer marriages, spousal support is more granted, and older couples considering divorce may need to save for sizeable alimony payments. Military Divorce Military regulations and the requirements of military service will likely impact a divorce involving military personnel. Divorce procedures may be postponed by the Servicemembers Civil Relief Act, which shields service members from civil litigation while on active duty and for 60 days after. Couples who are divorcing should also consider the peculiar jurisdictional requirements for a military divorce, particularly if one or both parties are stationed abroad. Divorce may have an impact on military perks like retirement benefits, base privileges, and health insurance. Military service may affect child support and custody decisions. Divorce From a Foreign National International family law has rights and obligations that a spouse divorcing a foreign national must be aware of. With rare exceptions, divorces are usually accepted everywhere. If money is held in a nation where neither spouse is a citizen or resident, courts may run into jurisdictional problems. Divorcing parties may have the option to decide on the laws that will regulate their property distribution. Even if one spouse has left the country, international law may guarantee rights granted in child custody and support agreements. Same-Sex Divorce The Supreme Court's decision in Obergefell v. Hodges, which established that same-sex spouses have a basic right to marriage, also upholds the right to divorce. The Obergefell decision may make it challenging for a court to decide whether the duration of the wedding should be determined retroactively to include cohabitation between same-sex partners. The classification of some assets as separate or marital may alter depending on when the marriage becomes legally binding, which in turn impacts how those assets are divided in the event of a divorce. Additionally, it might affect whether spousal support is granted. When a non-biological partner has not legally adopted a kid, child custody and support may be unique concerns. Domestic Violence and Divorce The divorce procedure may be significantly impacted by domestic abuse. Those who have experienced domestic violence may be in grave danger when considering divorce. Thankfully, restraining and emergency orders protect victims of domestic abuse before, during, and after the divorce procedure. These directives may also safeguard shared children. Awards for child custody and spousal support may be affected by domestic violence. To remedy this issue, some states also provide urgent expedited divorces.

William Connolly ∙

Lvl 2

∙ 1y ago