Complex divorces are commonly defined as those which involve more than one participant. It can also mean a prolonged marriage where the spouses may not have a smooth relationship anymore. It may also be the case that there are many other parties involved, making the divorce proceedings more complicated. Complex divorces can be further categorized into three types: Simple, Legal, and Complex.
A simple complex divorce is one in which there are little litigation and no children involved. It is often the case that the parties negotiate matters and arrive at an agreeable division of property and obligations. A simple divorce is very easy to accomplish since there are no legal complications and only financial obligations remain. This type is very common when both parties agree to dissolve the marriage peacefully. In some cases, however, simple divorces cannot be completed and either party needs to file for a divorce action in court to get the requisite legal termination.
Legal complex divorces require the services of an experienced divorce attorney or other professionals with extensive experience in this field. These lawyers represent the interests of their clients by working on their behalf to solve their differences peacefully. They make sure that they assess and weigh all the relevant factors affecting the division of assets and liabilities among the partners. Based on the information gathered from the experts, the attorney presents the client’s case to the judge who then makes the final decision.
To prevent a complex divorce from being finalized, both the husband and the wife need to cooperate and the involvement of the lawyer becomes important. The spouses need to reach an agreement in terms of the division of their substantial assets during the early stages of the divorce. This will help them avoid future difficulties and the prolonged litigation process. However, once the agreement has been reached and is approved by the court, it needs to be carried out regularly. If the spouses are no longer able to reach an agreement, the case must be taken to family court to seek its final approval.
Another innovative procedure that can be used to speed up the complex divorce case property division is mediation. When both parties agree to the settlement through mediation, the court proceeds with the settlement hearing without the participation of the attorneys. The mediation usually lasts about two hours and results in a written agreement that is submitted to the judge for approval.
Sometimes, although there is no family law attorney involved in complex divorce cases, the legal representatives try to settle the matters through legal negotiations. They do this by hiring an expert lawyer to handle the settlement issues. Sometimes, the spouses decide not to hire an attorney and the matter is resolved through legal negotiation.
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