Dallas Family Law Blog

Ending a marriage seems like a daunting task. On top of that, the media and the silver screen make it look like an extremely emotional, unpleasant, contentious and life-altering event. For some, this is there reality; however, others are able to navigate the process with more ease. No matter the situation, many couples take measures to avoid such fates, especially when law changes could make matters worse for them.

For couples contemplating divorce this past year, many of them decided to pull the trigger before the close of 2018, as changes in laws impact how taxes are handled. A major change this year impact alimony. There are no longer tax breaks for those required to pay alimony starting this year.

It is never easy to make the decision to move forward with divorce. For most Texas couples, the step comes after months or years of difficulty, discussions and disagreements. Even if you think you are ready to end your marriage, it can still be beneficial to carefully consider every aspect of your decision.

Divorce will impact every member of your family, your finances and virtually every aspect of your life. If you are not sure that this is the right course of action for you at this time, it is helpful to take the time to think about your options before you move forward. Ending a marriage is a major legal and financial decision, and it is not a choice that a person should take lightly.

For each couple, the best part of marriage is something different. Each marriage is unique to the spouses involved, and much like the good parts often shape the marriage, so do the bad parts. In some cases, the bad can outweigh the good, causing spouses in Texas and elsewhere to consider the longevity of their union. While they may have a lot of good to fight for, ultimately, if ending the marriage is in their best interest, divorce will likely be the best step for them to take.

Even when one or both spouses are confident with their choice in filing for divorce, it is by no means an easy decision to make or process to go through. Emotions can run high and the matter can become complex when spouses seek to maintain ownership of certain property. The matter can become further complicated when children are involved and the divorcing parents cannot agree on custody and support issues.

When a couple in Texas gets a divorce, it is common for one spouse to pay maintenance, also referred to as alimony, to the other spouse. This can lead to disputes between the parties. The paying spouse might not want to support the other spouse indefinitely. The supported spouse could want the payments for an extended period of time. There could be disagreements as to how much the payments will be. There are many issues that could be part of the case when it is decided and even after the case is completed. Understanding state law regarding the duration of spousal maintenance is imperative to a case for both sides.

When deciding on the duration of spousal maintenance, the court cannot order it for more than five years after the date, if the couple was married for less than 10 years unless there is an establishment of maintenance based on family violence within two years of filing for divorce or while the case is pending and the spouse cannot earn enough to provide for reasonable needs because of a disability, or there is a child for whom the receiving spouse will be the custodial parent. It cannot go beyond five years if the couple was married for 10 years, but not more than 20 years.