Three Types of Divorces
Married couples know that if they want a divorce, they have to go through the legal system. What most of them learn is that there are really three types of divorce: legal, financial and emotional.
The legal decisions begin when the residency requirement is met and a petition for divorce is filed in family law court and served on the other party. The only reason for a Nevada divorce is irreconcilable differences. Legal decisions that need to be made include:
- Filing the divorce petition in the correct jurisdiction.
- Is the divorce contested or uncontested.
- Are the spouses amenable to mediation or collaboration?
- If there are children, child custody and visitation arrangements must be decided upon.
- Determination of whether assets and debts are separate or community property.
There are legal decisions that also involve financial considerations. For example, division of assets and liabilities as well as decisions concerning child and spousal support.
The financial aspect of divorce involves evaluation of all marital assets and liabilities. In addition to dividing the community property and apportioning debt, long-term planning should be considered. What happens to retirement plans? Are there tax implications to the division of property that need to be taken into account? Do beneficiaries of life insurance policies need to be changed? Which party stays in the family home? Do credit cards need to be canceled so one party will no longer be responsible for the debts of the other?
Both parents are required to provide financial support for their children, including health care. The court will analyze the financial situation of each parent in making a child support order. Generally, the noncustodial parent makes child support payments to the custodial parent.
Whether or not one spouse makes support payments to the other is another financial issue that needs to be determined. There are many factors that influence a court’s decision. Orders range from no support to lifelong support. Each case is considered individually on its own merits.
Often, the lifestyle of one or both of the parties changes when they have to share in the resources they previously enjoyed together. Now, they will have to make two mortgage or rent payments. This means utility bills double. This, and other changes, create emotional issues that are often over-looked consequences of divorce.
At least one spouse, and usually both, have to adjust to a lower standard of living for a while. It may take weeks, months or even years for them to get back to the pre-divorce level. This is emotionally upsetting when they have to forego a purchase that they could easily have made prior to the divorce. Depression is common in the newly divorced as they adjust to the new way of living.
If there are children involved, the ex-spouses will likely continue seeing each other periodically when they exchange the children for visitation or both attend the children’s sporting and school events. This means they may also have to deal with a new love-interest of the ex-spouse which is often an emotionally upsetting experience.
Some ex-spouses find that they apparently “lost custody” of certain friends. One ex-spouse is left out of get-togethers while the other one is included. Relationships with former in-laws change, generally causing a sense of loss to the former spouse.
Clearly, there is more to divorce than obtaining a final divorce decree from the court. An experienced Las Vegas divorce attorney can help find resources to help you through all of the different types of divorce.