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What are the Most Common Issues Argued in a Divorce?

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Filing for divorce in Florida is often a lengthy and complicated process. Very few divorce cases are filed that are uncontested, meaning that there are no substantive issues to negotiate between spouses. Most Florida divorces are contested, which means that you and your spouse are in disagreement about one or more issues that must be settled before the divorce can be finalized. There are some matters that arise far more often than others in a contested divorce, and knowing what might be at issue in your case can help you prepare. To learn more about what to expect in your divorce case, call or contact the law office of Blair H. Chan, III in Tampa today for a free evaluation of your case.

Property Distribution

One of the biggest issues that is litigated in a Florida divorce case is property distribution. Florida is an equitable distribution state, which means that all marital assets and debts must be split equitably, but not necessarily equally. The specific details of your case could fundamentally alter how much in assets or liabilities you walk away with after the divorce. Arguments may also arise about specific items of marital property, such as the marital home, collectibles, the family pet, or liabilities like student loans or credit card debt.

Spousal Support

With significant changes to the federal tax code, spousal support is a less appealing option for the wealthier spouse in a divorce. The spouse paying alimony can no longer deduct that amount from their federal taxes. As such, arguments are happening more frequently over the issue of whether, how much, and how long one spouse should pay the other alimony during and after the divorce. The overall purpose of spousal support is to help one spouse become financially independent following a divorce, but many spouses today would prefer to forego alimony payments for other options in divorce negotiations.

Child Support

One of the biggest misconceptions in Florida divorce cases is that child support payments are going to your former spouse as a form of additional alimony. However, the purpose of child support is to maintain the standard of living for your child and pay for their care. Parents often argue over the proper amount of child support, often with one claiming that the payments are too little while the other claims that the support is too much.

Child Custody & Visitation

Finally, one of the most stressful and emotional issues argued in a contested divorce is the issue of child custody and visitation rights. Usually, both parents want to spend as much time as possible with their child, and arguments can get heated over what is in the best interests of the child. In many cases, the court is required to intervene and decide the custody arrangement between parents, although they often push parents to come to an agreement on their own.

Call or Contact the Office Now

If you would like to sit down with a professional to talk about the issues that may arise in your divorce case, contact a Tampa divorce lawyer at the law office of Blair H. Chan, III now to schedule a free consultation.

 

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html

https://www.bchanlaw.com/alimony-changes-could-be-coming-for-florida-divorce-cases-in-2020/

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