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El Paso Law Blog

Prenuptial agreements

Many people in El Paso believe that prenuptial agreements are primarily for rich people who want to protect their wealth should their marriage end in divorce. The truth is that more people than ever are signing prenups for reasons other than to protect wealth.

Business owners may want to consider signing a prenup to protect their business interests. A business can be difficult to value in a divorce which could leave the spouse who owns the business feeling like they have gotten an unfair end of the deal. A prenup can provide assurance that the business will be left out of the divorce in the event a couple splits.

Avoiding financial mistakes after a divorce

After divorce, some ex-spouses in Texas may suddenly feel financially liberated. However, this doesn't mean they should celebrate the occasion by going on a spending spree. This is one of the many financial mistakes that recently divorced individuals commonly make.

Working with a financial adviser and making a financial plan may be a good idea. This could help prevent additional errors such as selling assets to pay bills. It's important to note that there can be significant taxes on the sale of some assets. Making a financial plan may also help a divorcee prepare for alimony payments. Some people have gone so far as to quit a job to avoid alimony, but this does not solve the issue.

Steps for parents to help children during a divorce

A divorce can be hard on children in El Paso, but there are several things their parents can do to help them adjust. If children have fewer changes to deal with, they may be better able to focus on the big change. This means parents should try to disrupt children's lives as little as possible. It can help to make their household rules consistent. Parents should avoid criticizing each other's decisions even when they disagree. The parent can encourage the child to talk to the other parent about the decision if the child is upset about it.

Children usually have questions about the divorce. They often worry that it is their fault, and parents should reassure them that this is not the case. Parents should make an effort to answer children's questions about the divorce honestly without oversharing or making them feel they are in the middle. Children need reassurance that their parents love them.

Military service and child support

Many active service members in El Paso are ordered by courts to pay child support. Military branches consider it a service member's duty to support dependents regardless of marital or child custody status. This differs from a civilian's obligation to pay child support because a service member can be more easily punished for failing to make payments.

Members of the military face special challenges when they are deployed overseas on active duty. If possible, it is a good idea to include a child support provision for what should happen if a parent who is a service member is on an overseas deployment and unable to access bank accounts.

Discovery is a critical step in every divorce proceeding

You have finally decided to get divorced, and you look forward to breaking free from your marriage and moving on with your life. At the same time, it is natural to feel overwhelmed by the process itself.

A particularly important step in a divorce proceeding in Texas is the process of discovery. Here is a glimpse at what discovery involves in the Lone Star State.

Personality traits that increase divorce risk

There are certain personality traits that could increase the likelihood that a Texas couple will get a divorce. For example, a person who is narcissistic is likely to struggle to remain in a relationship. Narcissists often see themselves as victims and refuse to take responsibility in any conflict.

Selfishness, which is similar but distinct from narcissism, can be a problem as well. When someone always puts themselves first, the relationship will eventually suffer. Catastrophizing, which involves making small things into large problems, is another common cause of relationship woes. Some couples file for divorce after minor incidents, such as one spouse coming home late after work.

Tax law changes could make divorce more expensive

It's often said that everything is bigger in Texas, and this could soon apply to the cost of divorce if child support and alimony are involved. In addition to reducing the limit for the Alternative Minimum Tax (AMT) and lowering federal tax rates, the Tax Cuts and Jobs Act (TCJA) also affects exemptions and other tax-related matters that typically apply to payments given to either the lower-earning spouse to compensate for joint income loss or the party who will be the custodial parent.

For starters, personal and dependent exemptions have been eliminated. Also, standard deductions have increased for single filers as well as individuals married but filing jointly. But it's the head of household (HOH) increase that could have the biggest impact on divorce negotiations. In order to claim HOH status, a filer must be unmarried, have a dependent living with them more than half of the time, and pay more than 50 percent of the household expenses.

Careers associated with the highest risk of divorce

Many people in El Paso file for divorce every year. There are many well-known factors that contribute to the likelihood of getting divorce, such as frequent arguments and financial problems. The type of career a person chooses can even make an impact on whether or not a person is likely to get divorced.

According to research from Stockholm University, gender ratios at the workplace may play a role in whether a person is likely to get divorced. Working with potential partners of the opposite sex was linked with a higher risk of divorce. The correlation was stronger for male subjects included in the study than it was for women.

The health effects of a 'gray divorce'

From depression to anxiety to insomnia and even symptoms of post-traumatic stress disorder, divorce can lead to a lot of health issues. Such ailments might be particularly pronounced for ex-spouses age 50 and older in Texas. The chronic stress may worsen a number of medical conditions, including heart disease, high blood pressure and diabetes.

A divorced spouse may also undergo financial struggles after their marriage ends. This may be particularly true for women. On the other hand, loneliness tends to be a bigger issue for older divorced men.

Texas handles property division using community property approach

Going through the dissolution of a marriage can be just as financially complicated as it is emotionally complex. This is true whether you had only a few years to accumulate assets or you built up wealth over the course of several decades.

The decisions you make regarding property division can have long-term consequences, so being informed about the process early on is critical. Here is a glimpse at how Texas law handles property division during divorce proceedings.

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El Paso, TX 79935

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