Basically, anything that the two of you don’t agree on.
Examples of Common Areas of Disagreements:
(1) Custody disputes – Sometimes minor in nature, and easily settled; and, sometimes completely unable to settle without a trial.
(2) One Parent relocating out of the area – Naturally it is hard for both parents to have any sort of a 50/50 custody arrangement when one parent moves a significant distance away.
(3) Child Support disagreements – The Judge will expect child support to be somewhat close to the Missouri Form 14 calculation. But sometimes agreeing on the numbers to be put into the Form 14 is the subject of disagreement.
(4) Maintenance (Alimony) Yes or No – Many couples struggle to make ends meet with two incomes coming into one household. Those individuals will naturally struggle to make ends meet with two households. Whether maintenance will be ordered is on a case by case basis.
(5) Marital versus Separate Property – Marital property is subject to being divided, while separate property is set aside to the party that it belongs to. The label of an asset can make a huge difference to the parties.
(6) Co-mingled Assets – When one party co-mingles separate property with marital property, there are even more issues to sort out.
(7) Dissipated Assets – When one party uses (wastes) marital funds to spend on a paramour, gambling, drugs, etc., the Court can try to make the other party whole by giving them a larger portion of the marital funds.
(8) Hidden Assets – Money or securities that one party has tried to hide away from their spouse as they approach a divorce.
(9) Hidden Debt – It’s not unusual for one spouse to have taken out credit cards (in both names) without the other spouse knowing.
(10) Tax Debt – It’s common for a married couple to file their taxes jointly to take advantage of the lower tax rates. If the IRS has issues with the filing down the road, the couple often disagrees on who is responsible for paying this debt.
(11) Substance Abuse – This can cause problems in many ways. Even communicating with someone that is constantly under the influence is a nightmare.
(12) Illegal activities – If one of the parties is involved with any kind of illegal activities, this could cause issues by putting themselves, and/or the spouse in peril, and often affects the parenting plan.
(13) An Opposing Attorney that is not interested in trying to settle the case – Unfortunately, not every family law attorney is “settlement minded”. There are always a few rotten apples in every occupation. And as with every occupation, the rotten apples often diminish the reputation of everyone else in that profession. Thankfully, the great majority of family law attorneys have the best interest of their client in mind; and, will work with opposing counsel to find compromises that will allow the parties to settle their case if it is at all possible.