What Makes a Divorce Complex?

Divorce can be a confusing and frustrating experience. There are several factors that can make a case more complex than other divorces. Let’s look at some of those factors that impact the complexity of a divorce.

1. Kids

complex divorce

Perhaps the most emotional part of a divorce surrounds the children. Allegations of domestic violence, drug use, mental health concerns, or having a special needs child can intensify the complexity, especially when determining the child’s role in the divorce. I highly recommend getting mental health professionals involved quickly. Professionals can be utilized in the form of a parenting facilitator or having a child custody evaluation to determine the best interests of the child.  It may be important for the child to be in therapy during the divorce process. If there is a special needs child, then we need to figure out what exactly that entails and what is needed to meet the needs for that child.  It usually involves getting other professionals involved quickly on all of those issues.

2. Property

On the property side, determining what is separate property or community property is the first step. As a community property state, Texas defines community property as assets that are gained during the marriage. It becomes more complex when certain assets such as a start before the marriage but gained value during the marriage. Other issues may emerge when the business that is community property becomes commingled, along with real estate holdings, adding layers of complications. Dividing the business assets may require a business evaluation because, even though a business might be community property, one spouse is usually more involved than the other, and the other spouse has no idea how much the business is worth. We may need to hire a business evaluator to go in and evaluate the business and tell us how much it’s worth after taking a look at all income and debts for that business.

3. Retirement Accounts

Retirement Accounts can also complicate the divorce process. The different timelines for accessing funds and the need to characterize retirement savings as community or separate property will pose challenges. Characterization becomes the first step in untangling these issues, often involving meticulous tracing to establish the account’s status at the time of marriage and its evolution during the marriage.  It’s important for the client and attorney to identify these issues early on.

Divorces are rarely straightforward, and the complexity can be attributed to a myriad of factors. A divorcing couple should recognize the importance of involving various professionals to provide expertise in their fields to help the attorneys to navigate the complexities effectively. From mental health professionals to tax experts, assembling a team early in the process is important. Waiting until the end of the case to bring in these professionals may result in missed opportunities or financial oversights, leaving the divorcing parties at a disadvantage.

Martinez Legal, P.C., is available to serve your legal needs in family law, CPS cases, estate planning, and business formations.  We have two locations to serve you: 1317 E. McKinney Street, Ste. 109 Denton, Texas 76209, phone number 940-320-2922 and 204 Walnut Street, #103 Decatur, Texas, phone 940-320-2922.