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divorce Archives

Understanding the 2018 alimony deduction

At the Law Office of Brian Turner in Texas, one of the most frequent questions we hear at this time of the year from people paying spousal support is whether or not they can deduct these payments on their federal income tax returns. Conversely, one of the most frequent questions we hear from people receiving spousal support is whether or not they must declare these payments as income on their federal income tax returns.

What are the major factors in a Texas property settlement?

As you contemplate getting a Texas divorce, you would do well to familiarize yourself with Texas law pertaining to property settlement agreements. As you probably already know, Texas is a community property state, meaning that in general, Texas considers all property you and your spouse have accumulated during your marriage to be marital property owned jointly by the two of you. What you may not realize, however, but as FindLaw points out, is that this does not mean that you and your spouse must divide your marital property, i.e., your community property, exactly half and half when you divorce.

What is the acceptance of benefits doctrine?

If you wish to go back to court and seek a modification of your Texas divorce decree and its incorporated property settlement agreement, you would do well to consider whether or not you have run afoul of the acceptance of benefits doctrine before doing so. As FindLaw reported, the Texas Supreme Court recently addressed this issue in the case of Kramer v. Kastleman

Are second and third marriage more likely to fail?

Traditional marriage may be a thing of the past, as more and more people in the United States are entering into marriage for the second or third time. You may have considered your first marriage a ‘trial run’ and feel more confident about tying the knot a second time. People file from their first divorce at an early age and are more likely to get married again as they go through life. Studies show, however, that the divorce rate among second and third marriages are higher than those of first marriages. Statistics from the Center of Disease Control and Prevention show that more than 50 percent of first marriages end in divorce, 67 percent of second marriages and 73 percent of third marriages. For some, this may seem counterintuitive, as you may feel that your marital relationships would become stronger as you gain more worldly experience. What is the cause for this divorce rate increase?

Is shared parenting better for kids?

As you go through the divorce process, you may forget about the unwilling participants that are going through the process with you. Children are simply along for the ride when it comes to child custody, child support and adapting to a new lifestyle as you go through a separation. Whether kids are forced to move into a separate home away from the other parent, or made to switch schools and make new friends, divorce can be extremely hard on kids of all ages. Although you may be headed for divorce, there are things you can do to minimize the affect these changes have on children.

Is your spouse hiding marital property?

When you are going through the divorce process, both parties are required to disclose all property and assets, allowing the judge presiding over the case to divide the marital property accordingly. However, some spouses may attempt to hide marital property and assets, only to reclaim them after the divorce is finalized. You deserve your half of the marital property and be on the lookout for the signs that your spouse is engaging in this deceptive practice.

Why you should be aware of marital property

If you are thinking of filing for divorce or you have already started filling out the papers, it is crucial that you are aware of how much marital property and assets you have. During a divorce, both parties are responsible for disclosing all property and assets, including homes, vehicles, antiques, lottery winnings, coin collections, life insurance plans and gifts, in addition to other things. In some cases, however, spouses may attempt to hide marital property so that it is not distributed in the divorce settlement. There are several ‘tricks’ spouses may use to divert assets and property away from the marriage, and then reclaim them once the final divorce papers are signed.

How is separate property handled in a divorce?

Have you recently filed for divorce or are thinking about legally separating from your partner? You may feel overwhelmed when faced with the many issues that must be settled in the final divorce papers. One of the most difficult may be that of separating property that you have accumulated during the course of your marriage. Contrary to what you may think, not all property is considered jointly owned and you may not have to divide some items in the divorce decree. Separate property is identified as property owned privately by either party before becoming married, and in some cases, this property may stay in the possession of the original owner, even in the case of a divorce.

What causes gray divorce?

When you recite the vows, ‘until death do us part,’ you may be planning on spending the rest of your life with your spouse. Yet, with over half of the marriages in the United States ending in divorce, you may end up filing for divorce. Surprisingly, the divorce rate among couples over the age of 50 is growing steadily, as reported by Bowling Green State University. The phenomenon known as gray divorce is shown in the fact that 600,000 people over the age of 50 filed for divorce in 2009, equating to one in four marriages. That number grew from one in ten marriages ending in divorce in 1990. Researchers predict that there will be more than 800,000 gray divorces by 2030.

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