When the dust settles and you come up for air after a divorce, you may quickly find that the terms of your divorce decree are not possible for you to uphold, or present some serious injustice. While the decree is legally binding, it is possible to petition the court that issued it to reconsider the terms and make modifications.
Divorce is often far more involved and complicated than spouses expect, sometimes leading to ongoing financial difficulty well after the divorce finalizes. Even worse, couples can avoid many of these frustrations with some careful planning and execution during the divorce process, but they often overlook crucial aspects of debt division out of a desire to get the marriage behind them as soon as possible.
After negotiating a divorce settlement, property division agreement, and any child custody or permitting agreements as a part of your divorce, it is easy to let some of the other related details slip through the cracks. One such detail that commonly escapes the attention of divorcing spouses until after everything finalizes is the matter of changing one's name.
Divorce is a strange process, occurring at the intersection of one of the most personal experiences two people can share and many of the most complicated legal issues in the couple's lives. Because of this strange combination of tensions, it is almost always an emotionally taxing experience.
Divorce has a way of clouding the minds of spouses as they work through the steps necessary to end their marriage and go their separate ways. Unfortunately, navigating the various demands of the divorce process requires spouses to address a whole host of important issues that may affect their lives for many years to come. When a divorcing couple are also parents, these matters suddenly carry much more weight. Not only must parents work through property division, they must also work out fair parenting and support agreements to ensure that their child enjoys the best life that they can provide.
Where you or your spouse choose to file for divorce may greatly impact the way that your divorce plays out for a number of reasons. Not only do different states or even counties within a state differ in the laws that govern divorce, the spouse that chooses to file often sets the tone for how the divorce process plays out. If you are considering filing for divorce, then an experienced attorney can help you examine how filing in one state over another may affect your particular divorce.
Dividing up marital property in a community property state can be trickier than you might expect. Only a small handful of states, including Texas, use community property guidelines to determine property division, and if you choose to divorce here, your property division must comply.
If you are living with alimony payments, you owe it to yourself to maintain detailed, accurate records about all the alimony you pay. Depending on the nature of your alimony agreement, you can probably deduct those payments come tax time, when this documentation becomes exceptionally useful. Documentation can also help clarify the situation if you and the recipient of the alimony have a disagreement about your payments.
When you and your spouse divorce in Texas, figuring out how to fairly approach property division is rarely simple. As a community property state, deciding what to do with a marital home can be quite difficult. A home often acts as both an asset and a liability, so before you fight tooth and nail to keep it, consider how it may impact you as a single person.
Attorney Weinman recently appeared on an episode of Impact Makers Radio to talk with host Stewart A. Alexander about what Austin and Texas residents can do to help control the fear and emotions that are often present during the divorce process. Keeping fear, mistrust and emotional reactions in check can help keep legal fees at a minimum and minimize the scars to children.