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Home Home and Family Parenting Legal and Psychological Issues of Divorce
Legal and Psychological Issues of Divorce PDF Print E-mail
Written by Henry Gornbein   
I have found over the years that divorces are both legal and psychological. The legal divorce is the part handled by an attorney where we handle issues including child custody, parenting time, child support, medical expenses, spousal support, property issues such as a home, savings, investments, debts, pensions, and 401Ks, along with tax issues.

I have found over the years that divorces are both legal and psychological. The legal divorce is the part handled by an attorney where we handle issues including child custody, parenting time, child support, medical expenses, spousal support, property issues such as a home, savings, investments, debts, pensions, and 401Ks, along with tax issues.

The psychological divorce is just as significant as the legal divorce. I have found over the years different ways that the psychological divorce occurs. Sometimes one person is ready to move on and has become psychologically divorced from his or her spouse already. Sometimes this person files first. In other cases, the spouse who wants out of the marriage applies pressure to the point where the other spouse files for divorce and then seeks sympathy from friends and relatives by claiming "I didn't want this; look at what he/she is doing to me." This is one of many forms of psychological manipulation.

The simplest legal divorces happen when both spouses have psychologically divorced and are ready to move on.

When one or both parties have not reached a psychological point where they are ready to get divorced and let go, prolonged legal battles over spousal support, bills and debt, child custody and parenting time, and many other issues can take place.

The nightmare divorces occur when one or both spouses are unwilling to move on. This often provokes extending fighting over the years, with legal battles about custody, parenting time, support related issues, and property issues. These emotionally charged situations cause numerous court appearances, multiple attorneys, and thousands and thousands of dollars, all because one or both parties cannot move on and start healing and rebuilding his or her life.

As attorneys, I believe we should look at the psychological dynamics of our cases, not just the legal aspects. This is important for our clients. Counseling and interventions from outsiders such as therapists, parenting coordinators, and child guardians becomes necessary. These thoughts are based on years of observation as a practitioner in the area of divorce, child custody, and other family law related matters.

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