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Saving your marriage - Divorce secrets - Should you stay or go - Mens divorce secrets - Helping women facing divorce - Divorce and women | |||
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Marriage Seperation - A Practical Guide
Finance in marriage seperation is a very big issue particularly with regards to the mortgage and household bills. When marriage seperation is inevitable obviously both parties need somewhere to stay and often it can be quite difficult to sell one property and then try to finance two. Some couples agree to keep the existing property going and one partner move out into rented accommodation for a trial marriage seperation period. This then gives each partner time to reflect and decide what may be better for both parties. However, both parties in marriage seperation have to live and are sometimes eligible for single parent help should they have children. This, together with child maintenance, could help with their financial situation considerably. Marriage seperation can be a lonely one as you may not get asked to dinner parties and get togethers from your existing circle of friends who are still married. People intend to invite couples to join couples and have a good time. They sometimes forget that friends, whether together in marriage or not, should still be friends and it often helps to keep them in the same circle of friends even in marriage seperation. After all we are all human and need all the friends we have especially at the beginning of a marriage seperation. True friends will always want to help you at a time like this when your morale is low and you need motivation. It is also helpful to meet new people who are in the same situation as yourself. They will understand what you are going through and it may help you too to get things off your chest. You never know, you may even gain a complete new circle of friends. There are so many meeting points for people on their own. Dinner dates, luncheons and breakfast clubs operate throughout the country so meeting new people, where for friendship or a new prospective partner could be a step in the right direction to get you motivated and get you out of a rut. Of course marriage seperation for the older person tends to be much harder a you tend to think that most people by now have found their ideal partner and that there do not seem to be many older people looking for companionship or a stable relationship. Again, clubs and groups of all ages operate in most areas. Obviously you will be more cautious next time around as you have already been hurt in the past. But you now have more experience behind you and know what to look for in the future whether it be friendship or a more permanent relationship. Marriage seperation is hard work but once you come to terms with what has happened in your life you should be able to build a new life for yourself and look forward to new and rewarding challenges that come along. Marriage seperation can and will be stressful at times but keep your head above water and you will begin to see positive results arise in your future. Concentrate on being positive in the future and you will reap the rewards that await you. Everything comes to those who wait. Jenny Clair is the editor of Marriage-Divorce-Separation.com an article based web site exploring the human side of marriage breakdowns, divorce and separation situations. http://www.marriage-divorce-separation.com
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RELATED ARTICLES
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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. 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Too often people find themselves unable to clearly identify what they need to think about when making a divorce decision which leads to further indecision and frustration. When making a serious divorce decision, having an open mind and listing the things that will figure into your decision about divorce, will help make the process a little simpler for you. 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. Divorce--How to Beat the System Of course you want to get your Judgment--that's the goal of your legal divorce--but you don't want to go through the adversarial legal system to get it. You don't want to get all tangled up with lawyers and courts, because the system is designed to work against you. 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. 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. Divorce Articles: How To Get The Most From A Divorce Article There are many types of divorce articles available on the Internet by a variety of authors. What's below will help you get the most out of the divorce articles here on this site and anywhere else. The below information about divorce articles holds true for most any type of articles on the Internet as well.
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