I Just Want a Simple Divorce, But What About…

undefinedBy F. Clay Merris, Esq.

I have had many divorce clients assure me, “don’t worry – this will be a simple divorce.” I’ve learned over the years that, unfortunately, they are virtually never correct. Divorcing couples may even start the process amicably but figure out through the case that they and their spouse are not on the same page as to what the ideal outcome is to the divorce. Usually, the parties are not disputing whether the divorce should occur – it is the ancillary issues that cause the tension. For example, a client may indicate that the marriage includes “no real assets to fight over” and that the only assets are the marital home and each party’s respective vehicle. They may say they have already agreed one party will stay in the home, the other will move out and no longer be responsible for the mortgage, and they will each keep their vehicles. After some questioning, though, it may be revealed that each party also has a retirement account, whether a 401k, IRA, or pension, which has accrued value during the time of the marriage. In this kind of (surprisingly common) circumstance, a “simple divorce” with “no real assets” often turns into a case involving extensive legwork to obtain retirement statements, seek valuation of pensions, and negotiate potential resolutions involving one party or the other assigning some value from their retirement account to the other party in some way. It is easy to see how a simple divorce can turn into a more complicated legal matter - and this is not even to mention the intense and emotional legal battles that can occur when custody of children is also involved.

The best way to ensure that your divorce IS simple, and is as painless as possible, is to contact one of Scaringi Law’s experienced divorce attorneys to walk you through the difficult process.

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