Some couples have an agreement already in place when their marriage starts to fall apart. The existence of a prenuptial or postnuptial agreement can lead to a relatively smooth and predictable divorce process. Other couples may have to settle all of the disagreements related to their divorce proceedings right before or after they file.
In some cases, they may not be able to settle their disagreements to arrange for an uncontested filing. In those scenarios, their ongoing disagreements can make litigation necessary. Certain marital concerns generally make it harder for spouses to agree on what should happen in a divorce.
Assets of unknown value
High-asset couples tend to face more complex divorce litigation than those with fewer resources. In addition to disagreeing on how to divide their assets, they may disagree on what their resources are worth. From investment accounts and real property to business holdings, the most valuable assets in a marital estate can lead to complex litigation in which a judge must establish the value of an asset and then decide how to address it.
Concerns about child custody
Parents in Texas usually have to negotiate arrangements for sharing time and legal authority as parents. Custody arrangements should prioritize the best interest of the children, but each parent may have their own idea of what might be best for their children. Particularly in cases where the misconduct of one parent could represent a hazard for the children, parents may feel compelled to litigate custody matters. In addition to testifying about their circumstances and preferences, parents may bring in professionals to help convince the courts that the terms they requested are what might be best for their children.
Disagreements about financial support
Texas does not have alimony in the traditional sense. Instead, the courts have the authority to award spousal maintenance to a lower-earning or dependent spouse. Typically, an order of spousal maintenance is rehabilitative, meaning the goal is to assist one spouse as they become financially independent. However, complaints about one spouse becoming voluntarily underemployed or unemployed and other complicating factors can lead to complex litigation when divorces make spousal maintenance necessary.
Spouses who cannot settle their divorce disputes may need to prepare to present their cases in family court. Understanding what factors can increase divorce conflict can help those preparing to end a marriage to make informed decisions accordingly.