{"id":50810,"date":"2020-05-21T12:41:14","date_gmt":"2020-05-21T12:41:14","guid":{"rendered":"https:\/\/www.marriage.com\/advice\/?p=50810"},"modified":"2023-02-01T05:56:42","modified_gmt":"2023-02-01T05:56:42","slug":"legal-considerations-for-getting-a-divorce","status":"publish","type":"post","link":"https:\/\/www.marriage.com\/advice\/divorce\/legal-considerations-for-getting-a-divorce\/","title":{"rendered":"5 Important Legal Considerations for Getting a Divorce"},"content":{"rendered":"\n

\"Statue<\/p>\n

According to the <\/span>Centers for Disease Control and Prevention<\/span><\/a>, nearly half of all marriages in the United States end in divorce, despite the fact that it is often a difficult and emotionally heated experience.<\/span><\/p>\n

If you are one of these couples who are considering filing for divorce or getting a divorce, learning what you can expect, and taking some initial steps to prepare can help the process go more smoothly.<\/span><\/p>\n

This is true whether you are expecting to work out an amicable resolution or to go through a contentious divorce.<\/span><\/p>\n

Every divorce is unique, but there are some common divorce requirements that all couples should consider before getting a divorce.<\/b><\/p>\n

What to know when getting a divorce? Steps to take when preparing for divorce? How to proceed with divorce? Are only some questions that you must find an answer to.<\/span><\/p>\n

While a <\/span>divorce attorney<\/span> can provide more detailed information about your specific situation every step of the way, coming into your first appointment prepared with some basic knowledge can help streamline the process.<\/span><\/p>\n

Following are 5 essential legal consideration that you must keep in mind when getting a divorce:<\/span><\/p>\n

<\/span>1. New federal tax rules for alimony<\/span><\/h2>\n

One major change recently took effect in 2019: the reversal of the federal income tax treatment for alimony payments due to the <\/b>Tax Cuts & Jobs Act<\/b><\/a> (TCJA).<\/b><\/p>\n

Previously, alimony payments were deductible by the payor and had to be reported as taxable income by the recipient.<\/span><\/p>\n

However, for divorces finalized or <\/span>separation agreements<\/span><\/a> modified on or after January 1, 2019, the deduction is going away, and alimony payments are no longer considered taxable income.<\/span><\/p>\n

This can be an expensive change for those who must pay alimony, as they no longer benefit from the potentially substantial tax savings, they were previously able to receive from deducting the payments.<\/span><\/p>\n

At the same time, it relieves the tax burden on the receiving party, which is no longer required to pay income tax on the alimony that is paid to them.<\/span><\/p>\n

<\/span>2. Texas’s 60-day waiting period for divorce<\/span><\/h2>\n

\"A<\/p>\n

Texas, like many other states, has a waiting period for getting a divorce.<\/span><\/p>\n

This waiting period is for the courts to finalize the divorce (which is 60 days in Texas) from the date the initial petition for divorce is filed and must be at least 20 days after the respondent was served.<\/span><\/p>\n

While this may sound like a long time, even amicable divorces routinely take much longer than 60 days.<\/span><\/p>\n

While<\/span> in theory, the courts can finalize the divorce on day 61 after filing, in practice, this only happens in default or no-answer divorce, where the respondent did not file a response to the suit for divorce.<\/b><\/p>\n

For the vast majority of couples, the spouses must negotiate an agreement with regard to alimony, <\/span>property division<\/span><\/a>, child support, and <\/span>child custody<\/span>, a process that can potentially take several months.<\/span><\/p>\n

However, this 60 day waiting period is waived in situations where domestic violence is involved and does not apply to annulments.<\/span><\/p>\n

<\/span>3. Separate vs. Marital property<\/span><\/h2>\n

When it comes to preparing for a divorce, one of the earliest steps spouses can take is to prepare an inventory of their separate and marital property.<\/span><\/p>\n

In Texas (and in most other states), spouses’ “marital” assets are subject to distribution, while their “separate” assets are not.<\/span><\/p>\n

Under Texas law, assets acquired prior to the date of marriage are generally considered separate, while most (but not all) assets acquired during the marriage are marital property.<\/span><\/p>\n

Gifts, inheritance, and personal injury damages received during the marriage remain separate assets.<\/b><\/p>\n

The same is true for proceeds from the sale of property which was acquired prior to the marriage, even if the property was sold during the marriage.<\/span><\/p>\n

It is important not to commingle marital and separate assets while married, or it may be difficult to separate them again during the divorce process.<\/span><\/p>\n

However, some property can be considered to be both marital and separate at the same time.<\/span><\/p>\n

For instance, if the couple buys a home together and one party sells their separately owned property to put a 20% down payment on the new home, 20% of the home’s value will be considered a separate asset while the rest would be marital.<\/span><\/p>\n

Also watch:<\/strong> 7 Most Common Reasons for Divorce<\/span><\/p>\n