|
|
| Divorce Information |
|
|
|
|
Divorce Information
More Articles from Divorce Information: |
|
|
|
RELATED ARTICLES
Post-Divorce Alimony in Texas This article provides a brief overview on Texas law concerning post-divorce alimony in Texas. Laws differ from state to state and individual circumstances vary, so you should consult with a qualified family law attorney in your area for specific advice on your particular situation. Additionally, this article deals only with post-divorce alimony. It does not address temporary alimony, which is provided for under a different provision of the Texas Family Code. Two Kinds of Alimony: Contractual and Court Ordered maintenanceThere are two kinds of post-divorce alimony in Texas: contractual alimony and court ordered maintenance. The Texas Family Code also provides authority for the court to order temporary alimony which occurs while a divorce is pending. However, temporary alimony is outside the scope of this article and will not be addressed.Contractual AlimonyContractual alimony is based on an agreement between the parties in their divorce decree. For tax purposes, contractual alimony is normally deemed income to the receiving party and is deductible from the income of the paying party. Since contractual alimony must be based on an agreement of the parties, there are no limits to the possible amount or duration of the alimony. Court Ordered Maintenance Court ordered maintenance is provided for by Texas Family Code Chapter Eight. Although actually awarded in only a small percentage of Texas divorces, the court has the right to order one spouse to pay the other post-divorce maintenance in either of two circumstances:1. The payor spouse either received deferred adjudication or was convicted of a crime constituting family violence within two years of the filing of the divorce case, or2. The parties have been married at least ten years and the receiving spouse has some kind of financial limitation (disability, unable to work because caring for the party's child, or lacks earning ability to meet minimum reasonable needs).The monthly amount of court ordered maintenance is capped at the lesser of: a) $2,500 or b) 20% of the monthly payor's gross income.The maximum duration of court ordered maintenance is three years. The only exception is when maintenance is ordered as the result of a disability, in which case the duration can potentially extend indefinitely. ConsiderationsWhere there is a large disparity in incomes alimony can sometimes be used as a useful settlement tool. Since alimony is generally taxable to the receiving party and deductible to the paying party it can be often structured so that it is advantageous to both parties.For example, a party in a high tax bracket can agree to make monthly alimony payments in exchange for a more favorable property division. If the receiving party is in a lower tax bracket, the overall income tax paid could be significantly lower than what it would be otherwise. Another factor to consider is how rarely Texas trial courts order maintenance, absent an agreement. The statute allows for maintenance only when the specific statutory circumstances have been proven. There are several appellate cases that have reversed trial court decisions ordering maintenance when the requesting party did not provide sufficient proof that the standard had been met. In cases where there is a large amount of community property, one of the most effective arguments in attempting to defeat a maintenance claim is that the requesting party will have ample resources to provide for their needs since the party will receive a significant amount of assets from the division of property.Another common argument used to defeat a maintenance claim is that, during the pendency of the divorce, the requesting party has not made significant attempts to either obtain employment or obtain training that would allow the party to obtain employment. As an example, lets take a divorce case where the wife is requesting maintenance on the grounds that the marriage is longer than ten years and that she lacks the earning ability to meet her minimum reasonable needs. If the case has been pending for several months and at the time of trial she has still made no effort to obtain employment or improve her job skills, it will be a difficult claim to succeed upon. The court is unlikely to find that she is "unable" to meet her reasonable minimum needs and more likely to believe that she is unwilling to take the necessary steps in order to provide for her own support.ConclusionAlimony in Texas, while rarely ordered, is an important and complicated issue. It can be used as an effective settlement tool and can potentially be a significant trial issue. For someone involved in a Texas divorce case with a potential alimony issue, the issue should be discussed in detail with an experienced divorce lawyer. Get Over A Divorce and Prepare for Divorce Recovery! It can be difficult to get over a divorce and cope with a divorce when you are in pain. A ton of emotions and indecisiveness consumes you. There is a simple process to help the serious individual get over a divorce. Divorce--How the Legal System Works Against You If there were no legal system, no lawyers and no courts, divorce would still be difficult and it would still take time to go through it. Divorce is at least a major crossroad in your life, maybe even a full-blown life crisis. So, here you are, you and your spouse, going through your personal life changes, when the State comes along and says, "Excuse me! You can't go through this without us. Your divorce has to be conducted on our field and under our rules . . . and you can't even hope to understand our rules. Oh, by the way, this divorce system we're going to put you through has no tools for helping you solve problems or negotiate with your spouse. In fact, our system is based on conflict and it is specially designed to cause trouble and greatly increase your expense. Please pay your filing fees on the way in." Our system of justice is known as an "adversary system." This is the nature of the beast. It began hundreds of years ago in the middle ages with "trial by combat," where people with a disagreement would fight it out and whoever survived was "right." Today, physical contact is no longer a recognized legal technique, but things are still set up as a fight. The parties are regarded as adversaries, enemies in combat. When a divorce is conducted in our legal system, the spouses and their attorneys are expected to struggle against one another and try to "win" the case, to "beat" the opposition. The rules control the way your attorney works with you. Your attorney is required to be "adversarial," that is, aggressive and combative. The adversary system and the way lawyers work in it is a major cause of conflict, trouble and the high cost of divorce. You want to have as little as possible to do with the legal system. It is designed to work against you. In spite of the way things seem, lawyers are not always villains and not always to blame for stirring up conflict. But even for lawyers who mean well, the tools they use and the system they work in will usually increase conflict. Law schools do not require courses in communication or negotiation. Rather, they stress manipulation of rules of law, aggressive and defensive strategy, how to take any side of any case and make the most of it, how to argue, and how to get the most financial advantage in every situation. Professional standards of practice dictate how a lawyer will conduct your case. For example, professional ethics forbid your lawyer to communicate directly with your spouse--the adversary. It is expected, instead, that your spouse will be represented by an attorney and your lawyer can only communicate through your spouse's lawyer. This means that your attorney can't "talk sense" to your spouse, or explain to your spouse how you see things, or even help you talk to each other. It means your attorney will always have a one-sided view of your case and can never achieve an understanding any greater than your own. If you retain a lawyer, he will definitely take your case into the contested cycle of the legal system because that's the only thing he can do. He has to. There are no other formal tools a lawyer can use. The primary tools the lawyer uses are pre-trial motions and discovery. An attorney can take you and your spouse into court to get temporary orders for support, custody, visitation or keeping the peace. An attorney can use formal discovery to get documents and information under oath. So, if you and your spouse can work out your own temporary arrangements and share all information openly, you'll have no need for those incredibly expensive legal tools. You can keep your case out of lawyers' offices and out of court. But, if either spouse retains an attorney, that attorney will invariably write formal letters, file legal papers, make motions, and do discovery. These actions will surely cause the other spouse to get an attorney, too. Now, instead of two people who don't communicate well, you have four people who do not communicate well. The case is now contested and the cost and conflict level will go way up. Attorneys tend to ask for more than they expect to get; it's considered "good" practice. Your spouse's lawyer will oppose your lawyer's exaggerated demands by offering less than they are willing to give and by attacking you and your case at the weakest points. Now you're off to a good, hot start and soon you'll have a hotly contested case, lots of cost, and a couple of very upset spouses. Fees in contested cases can run from tens of thousands of dollars each all the way up to everything. Summary: Except in high-conflict cases, the legal system has little to offer. The things an attorney can do for you are expensive, upsetting, and tend to increase conflict rather than reduce it. If you don't want to (or have to) use the legal system, go around it--work out your arrangements outside the legal system and, if necessary, get limited assistance, in the form of information and advice, from attorneys who do not represent the spouses. Take heart; I tell you exactly how to do this in my articles, Divorce Roadmap: The Route Around the Legal System and Divorce--How You Can Beat the System. Copyright 2005 Ed Sherman Divorce Online Sevice - Why Should We Lose Money And Time Applying For Divorce? Attempts to use the worldwide Web as an effective means of struggle against bureaucracy are undertaken constantly and sometimes successfully. Today it is possible to fill in a tax declaration, apply for bankruptcy or to receive a legal consultation. And lately there are sites offering online divorce services. Child Support: 5 Key Things Every Parent Should Know There is no magic solution to getting issues surrounding child support resolved. Most parents know that when dealing with the bureaucracy tied to the child support system persistence, persistence, persistence is the key that opens the door. In fact, it is the only thing that will open any door when it comes to getting a resolution to a problem. You cannot count on pencil pushers, or all too patient white collar "Friend of the Court" workers to help. They are overworked, underpaid, wrapped in a sea of paperwork, antiquated computer programs, and red tape that barely allows them to move from point "A" to point "B". So what's a parent to do? Divorce and the Stock Market The most recent statistics show that about 50% of all marriages end in divorce. It is not very encouraging to enter into any kind of relationship knowing that it only has a 50/50 chance of being successful. Failure at anything is never pleasant, but there is one good thing about divorce. You are now free to try again and hopefully this time you will not make the same mistake. Spare Your Kids To 7 Most Distressful Divorce Parenting Situations What 7 most distressful situations to kids that divorced parents should avoid? Learn them to spare your kids from the painful consequences. Divorce--Overcoming the Obstacles to Agreement: Ten Steps You're going to want to be working on your divorce agreement outside the legal system, because the things you can do to help yourself outside the legal system are far more effective than anything a lawyer can do for you. But please don't just walk up to your spouse and start negotiating. First, you want to do something about the obstacles to agreement. This means that before you get down to negotiating your real issues, you have to: calm emotional upset, reduce fears and balance the bargaining power of both parties; get reliable information and advice; and learn how to get safe, reliable help if you need it. How Thinking About An Uncontested Divorce Figures Into Your Decision About Divorce An uncontested divorce is the most common type of divorce. An uncontested divorce is a divorce that occurs when there are no disagreements between spouses over divorce related issues like custody, finances, living arrangements, spousal support, child support, etc. An uncontested divorce can be an easy way for people to get divorced without the hassles of a legal struggle and undue wear and tear on emotions. How to Select a Divorce Lawyer Selecting a divorce lawyer to handle your family law case is a very important decision. The following are a few important criteria to help in finding the right divorce lawyer. The Heart Moves On: Using Ceremony to Mark the End of a Relationship Divorce or the end of a long-term relationship is a particularly difficult experience because it makes you deal with two different sets of issues. Dating Tips for Divorced and Widowed Moms Dating is tough for just about everybody, but it's even tougher for people who are divorced and widowed. Along with the fears of being "out of practice," there are often children's feelings to consider. Rebuilding Your Life from the Ashes One peculiar feature of a stepfamily is that they are built on a negative foundation. A stepfamily couple comes to their new home with a full set of baggage, containing memories, wounds, and habits. Probably the biggest piece of baggage that sits in the way of your developing a new life is your connection to your ex?spouse. Marriage - Divorce - Separation - How to Handle the Split Loyalties with Friends After Separation We have all most probably encountered it at some stage in our lives - who do we stay friends with after a couple divorces or separates? Joint Bank Accounts and Divorce Here are some useful tips on joint bank accounts and divorce. If you've recently been through a divorce - or are contemplating one - you may want to look closely at issues involving joint bank accounts. Surviving Life After Divorce After divorce, the most important thing you can do is to move forward sensibly. Here are ten steps to help you on your way back to a fulfilling life. Hidden Divorce Costs Divorce has become part of life in the 21st century. The stigma of being divorced that once existed no loger exists. This does not mean that divorce is an easy decision to make. There are many reasons why people decide to get divorced. The most common reason that I have seen through talking to hundreds of people is due to infidelity. Four Tips to Save You Money in a Divorce Case 1. Have an Clear Written Fee Agreement Houston Divorce Lawyer - West Houston Attorney Answers Common Questions About Mediation If you are reading this, then you are probably either thinking of filing for divorce -- or have a feeling that your spouse may be filing for divorce -- whether you want to separate or not. Stop Divorce: Should You Try To Stop Your Divorce If Youre Just Thinking About Getting A Divorce? Thinking about getting a divorce doesn't necessarily mean that you should try to stop your divorce. Conversely, it could be wise to try to s top your divorce, only you know whether you should. Just because you're thinking about getting a divorce, doesn't necessarily mean that you should try to stop your divorce, although its logical to automatically assume so.
|
| home | site map |
| © 2005 |