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divorce Archives

How sweat equity may factor into your divorce

Owning a small business can make a divorce even more complicated, since it is possible that a Texas judge may decide that your spouse is entitled to a share of the business. If the company is separate property, property that is not counted as marital property, you might think your company is protected from a divorce judge. However, if your spouse put sweat equity into the business, a judge may think otherwise.

How can I bounce back from a divorce financially?

Divorce can have a devastating impact on your finances. As a result, many people find themselves struggling to make ends meet in the aftermath, whether due to child support payments or division of assets. Entrepreneur offers the following advice in this case, which can help you bounce back after the end of your marriage.

Do you need a forensic accountant on your divorce team?

As someone currently involved in a Texas divorce, you may be working through the process of separating your assets from your spouse’s so you can begin to plan for life on your own. If you are also a high-income earner, or if you have reason to believe your spouse may not be upfront with you when it comes to his or her income and assets, you may want to consider adding a forensic accountant to your divorce team.

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.

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