Unique Legal Issues For Each Type of Divorce Case

Charlotte Miller


Regardless of the parties involved, the divorce process usually involves the same process, but certain situations are bound to influence the process. The method may change depending on a spouse’s status, such as military service or foreign citizenship. In other cases, the practical focus of the divorce will depend on aspects of the marriage, like shared children or the parties’ age.

There are specific legal issues unique to each type of divorce case, such as military divorce, same-sex divorce, high-asset divorce, etc. This article will discuss some of those unique legal problems. If you want to learn more about the issues in detail, consult with a divorce lawyer Boston, MA today.

Unique legal issues that occur during different types of divorces

  • Divorce With Children

Whether biological or adopted, divorces with shared children may be the focus of decisions made about child support & custody. Parenting arrangements and child support are essential during & after a divorce involving children. Child custody & support issues will have an indirect impact on divorce processes even when they do not directly affect children, such as property & monetary division.

  • High-Asset Divorce

High net-worth divorcees might spend a significant portion of their divorce proceedings evaluating the value of their assets and determining how the divorce will impact their financial situation. The parties will hire experts to estimate their property’s value and create a plan for asset distribution. If the property is valuable, disputes over whether it is separate rather than a marriage asset may become particularly heated.

A partner’s individual asset might affect child & spousal support and asset division. Divorcing couples with high net worth may experience more uncertainty in child support legal proceedings because the majority of state child support regulations only apply to those with modest incomes.

  • Late-Life Divorce

A divorce between two individuals older than fifty may have a greater impact on the retirement years of each spouse. The date of the divorce and the subsequent distribution of assets will impact one’s eligibility for Medicaid & Social Security benefits. Modifications to estate planning documents, such as wills, trusts, & insurance policies, are also more common in late-life divorces.

  • Domestic Violence and Divorce

The divorce process may be seriously affected by domestic violence. Domestic abuse victims may genuinely be in danger if they decide to file for divorce. Fortunately, victims of domestic abuse are protected from abuse before, during, and after the divorce procedure through emergency orders and restraining orders. These orders may also safeguard shared children. Awards for spousal support and child custody may be affected by domestic violence. As a solution, some states also provide emergency expedited divorces.