The Tiger Woods Divorce: A Host of Issues Common to All Dissolutions

September 22, 2010

When the marriage between Eldrick Tont "Tiger" Woods and Elin Maria Pernilla Nordegren arrived at its legal end in a Bay County, Florida, courthouse in August, the media pounced on every scrap of detail it could find. When sensational circumstances lead to a divorce involving a world famous celebrity, and the parting requires the division of a great deal of wealth, the resulting attention generates more heat than light.

But for all the talk over plush New York City apartments, People magazine interviews, prenuptial terms and speculation about a marital estate worth over half a billion dollars, Tiger and Elin were subject to the same basic body of laws that any divorcing Florida couple should understand.

Obviously, every couple is entitled to a certain degree of privacy about the details of their divorce, and the Woodses kept most financial details and dirty laundry out of the public record by negotiating the precise terms of their split out of court. But every person who realizes that a relationship must end should take the earliest opportunity to assess their options by consulting with an experienced divorce lawyer. By framing a legal strategy early, a client can be best prepared to achieve a strong negotiating position -- or fight for a proper outcome in court if need be.

When Children Are Involved, Their Best Interests Must Be Considered

One strong indicator of the everyday nature of the Woods divorce is the disclosure in divorce documents that they both provided a certificate of completion of a four-hour Parent Education and Family Stabilization class approved by the Florida Department of Children and Families. As they are the parents of two children, proof of these courses was a mandatory step in the court's final approval of the divorce.

But many other factors go into the child custody portion of a divorce. Divorcing spouses who will share custody must hammer out the details of a parenting plan. Such plans should do more than meet the court's approval -- they should take into account as many eventualities as possible, and build in flexibility where possible and desirable. Before any parenting plan is finalized, the mother and father need to address a host of issues, from sports to birthdays to specific holidays and summer vacations.

Where major disputes over custody issues arise, including allegations of a parent's fitness, steady advice and determined advocacy from a family law attorney can play a powerful role.

Dividing Accumulated Wealth and Property

The Woods divorce features many of the factors that must be considered in complex asset division, as well as issues common to couples who may only have a modest marital estate. Division of the fruits of a high-profile career, particularly one like Tiger's that predated the marriage to a large extent, requires exacting review, strong negotiating skills and investigative know-how. To some degree, valuation of certain property and income streams will be speculative, and in some cases important assets may be hidden.

That is one very good reason for couples to consider a prenuptial agreement. A solid prenup puts all of the cards on the table and provides a clear resolution in the event of a future separation. In the case of the Woods divorce, reports suggest that he exceeded its terms to facilitate the process.

But Tiger and Elin also faced basic decisions such as who would get the family home and how much child support he would be required to pay. Such fundamental provisions are vital to the future interests of spouses in all divorces.

Securing the Advice of Experienced Counsel

All aspects of divorce can lead to unexpected complexities and entrenched disputes. From decisions about ongoing support for a spouse who has long supported another's professional ambitions to concerns of a parent who must move out of state to find work and needs to petition for modification of an existing order, Florida law provides solutions.

By enlisting the representation of a divorce lawyer before change erupts into conflict, family law clients can not only understand the full range of legal options -- they can have the perspective to make wise choices for themselves and their children.

Article provided by Jennifer R. Kuczler, Attorney at Law
Visit us at www.kuczlerlaw.com