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Common hot button issues in divorce

Your marriage is coming to an end and both you and your spouse are on board with the idea that the divorce process is in your best interest. But even if you’re on the same page, it doesn’t necessarily mean that things will go off without a hitch.

What could go wrong?

While no two divorces are the same, there are a variety of hot button issues that have the potential to move to the forefront. Here are several that you should prepare for in advance:

  • Who will get the family home? This is typically an issue if both individuals want to stay in the home. In this case, you’ll have to negotiate and compromise. Should you be unable to find common ground, selling the home and splitting the proceeds may be your only option.
  • Who will have custody of your children? Take into consideration both physical and legal custody. Physical custody is the person who will do the day-to-day raising of your children. Your kids will live with this person. Legal custody defines the ability to make key decisions for your children, such as those associated with education, religion and medical care.
  • What will happen to your debts? It doesn’t always hold true, but most divorcing couples have some level of debt. This can include but is not limited to a mortgage, car loans, credit card balances and personal loans. Understanding the difference between separate and marital debt is important.
  • Will child support come into play? Maybe you feel that you should receive child support payments from your ex-spouse. Or maybe you realize that you’ll have to pay this money every month. It has the potential to be a sticking point, so prepare accordingly. The only time you shouldn’t think about this is if you don’t have children together.

All of these questions have the potential to result in a heated standoff. The best thing you can do is prepare for the worst, so that you’re ready to deal with anything that comes your way.

Don’t let the process wear you out. Stick with it to ensure that you protect your legal rights every step of the way.