What Makes a Divorce Case Complex?

Divorce is complicated for anyone going through it. You may mourn the relationship you thought would last for your entire life, while also being somewhat relieved that you will no longer be in an unhappy marriage. The emotions felt during the divorce process are stressful, but they are also completely natural. However, there are other factors that can make certain divorce cases particularly complex. Below, our Brentwood complex divorce attorney explains what these are.

Identifying Separate and Marital Property 

Only marital property is divided during the divorce process. Marital property refers to any assets or liabilities that were acquired during the marriage. Property that was brought into the marriage by either party is considered separate and is not divided. Gifts, inheritances, and personal injury awards are also typically considered separate, even if they were received during the marriage.

There are many complications that can arise during property division hearings. It is not always easy to determine which property is separate and which is marital. Additionally, commingling assets, such as placing an inheritance into a joint bank account, can also complicate matters. Lastly, if there is a large amount of debt to divide, that can also become complex.

High Net Worths 

When one or both spouses have a high net worth, it can also complicate a divorce case. Property division can include multiple real estate properties, a family business, retirement accounts, stocks, and more. All of these must be accurately valued before they can be divided.

High net worths also complicate divorce matters when one spouse earns a higher income due to a degree or license, and the other party supported their career. For example, if one spouse worked while the other went to school to earn a degree, the working spouse may be entitled to a portion of those higher earnings.

Premarital and Postnuptial Agreements

 Premarital and postnuptial agreements are becoming more common today and they often have to be enforced during the divorce process. These agreements are intended to actually make the divorce process easier, but that is not always the case. If either party challenges the agreement, it will make the divorce process more complex. If a challenge arises, a family law judge will have to look carefully at the facts of the case to determine if the agreement is enforceable.

There are many issues that can render an agreement unenforceable. For example, if one party claims they signed it under duress, a judge may look at the date the agreement was signed. If it was shortly before the wedding, the agreement may be rendered void. Premarital and postnuptial agreements also cannot include provisions for child custody or support so if these are included, that could also render an agreement void.

Our Complex Divorce Attorneys in Brentwood Can Help with Your Case 

Having legal counsel for any divorce case is important, but this is especially true when your case will involve complicating factors. At Beal | Crutcher, our Brentwood complex divorce attorneys can provide the sound legal advice you need and help you navigate your issues so you obtain the best outcome possible. Call us now at 615-861-2304 or contact us online to schedule a consultation.

Sources:

law.justia.com/codes/tennessee/2010/title-36/chapter-3/part-5/36-3-501

casetext.com/statute/tennessee-code/title-36-domestic-relations/chapter-4-divorce-and-annulment/section-36-4-101-grounds-for-divorce-from-bonds-of-matrimony