Jane-Ashley McMillan, Attorney at Law

Plano Family Law Blog

Is it time to call it quits with your spouse?

A whirlwind romance may sound charming and romantic, but not many would recommend that such couples jump into marriage. Almost certainly, they will deal with complex and potentially long-term problems. The same may be true when a marriage is in trouble. For many, divorce is the answer at the first sign of trouble even though many marital conflicts have resolutions that can even strengthen a marriage.

However, how can you know whether your marriage is over and the time is right to file for divorce? While there is no universal answer, in general, a marriage is that unhealthy for you or your spouse probably needs some help. If you and your spouse have unsuccessfully tried numerous methods of resolving your conflicts or rekindling your commitment, you may already know the answer to the question.

Seeking a stable financial future after gray divorce

One of the most complex aspects of a divorce is how ending the marriage will impact a Texas spouse's financial future. These are particularly pressing concerns for those who are nearing retirement age. A gray divorce can bring serious and sometimes negative financial implications for an older adult, but there are steps you can take that will lay the foundation for a strong future.

Divorcing after a long marriage can affect retirement savings and investment strategies. It can leave you wondering if it will be possible to retire at a specific age and if you will have to adjust your plans for your golden years. Having a plan before you move forward with the divorce process can help you make prudent choices that will allow you to have a strong and stable future.

Is collaborative law better for divorcing LGBT couples?

The end of a marriage is a complex and challenging process, especially for Texas LGBT couples. There are specific issues that are unique to these couples, and these issues can add a layer of complications to divorce. This is why many couples consider a collaborative divorce over the traditional route of a litigated divorce.

If you are preparing to move forward with divorce, there are many reasons why you may want to think about the benefits of collaboration. This process can allow you to avoid the courtroom, and you will be more likely to have more control over the terms of your final divorce order. You do not have to get along with or even like the other party for this form of dispute resolution to work. Both parties simply have to commit to working through the process in a reasonable and respectful manner.

What do new tax laws mean for your post-divorce future?

When Texas couples go through a divorce, one of their main concerns is what will happen to their financial future. If you have money concerns, you are not alone. Most people will have to make adjustments, change plans and get used to new circumstances. This is true for each spouse, especially in cases where there will be spousal support paid from one spouse to the other.

Tax laws affect everyone, and new changes to these laws could specifically impact divorcees who are receiving and paying alimony. Before agreeing to the terms of a spousal support agreement or making choices that could affect your future, you will want to take these laws into consideration. Failure to consider changes could result in financial hardship and unexpected tax obligations.

The unique aspects of an LGBT divorce

Divorce is difficult for both spouses, no matter how amicable the two parties may be. However, the process of ending a marriage can be particularly difficult for LGBT couples. These couples face unique challenges in their relationships, and their divorces are no different. Being aware of these things may help a couple avoid difficulties as they navigate the legal process of ending their marriage.

There are specific stressors that are unique to LGBT divorces, and even though same-sex marriage is legal throughout the county, bias can still have a real impact on these couples. LGBT marriages are now legally recognized, but their divorces can be complicated when these couples have already been cohabitating and sharing finances for years or even decades before same-sex marriage was legal. 

Gray divorce for same-sex couples has even more complications

Couples in their 50s or older who divorce have many challenges to face, such as dividing their retirement and making sure they each have sufficient funds to avoid financial struggle. Same-sex couples have their own unique issues, especially if they established a common law partnership in the years prior to the recognition of same-sex marriages.

If you are in a same-sex marriage, you are over 50 and you are planning to divorce, you can expect to deal with those conflicts and more. 

Preserving your financial interests during a divorce

Divorce will bring significant changes to your life. From how much time you spend with your kids to where you live, virtually every area of your life will experience some type of impact. This is especially true for your finances and your economic standing. In fact, money may be one of your primary divorce-related concerns.

While you will go through changes in your finances, your divorce does not necessarily have to bring financial ruin. There are things you can do to protect your interests and preserve your long-term well-being. One of the main ways you can do this is by knowing your rights and preparing well for the process ahead. It will also be useful to keep your focus on making choices that make sense not only in the present, but down the road as well.

Tread lightly on social media during your divorce

Facebook and other social media platforms have grown into legitimate sources of information and channels for sharing ideas. Perhaps you have used your own social media pages to express your opinions on political issues, current events or trends in society. You may also use it publicize your personal feelings and events in your life. Many find this comforting, especially when friends and others approve and share your posts.

However, if you are preparing for divorce, social media may not be the sounding board you want to choose. While you may feel that you have a right to say whatever you want on your private social media account, you may discover that the thoughts you post have negative consequences.

Anticipating triggers that can doom collaboration

Divorce is seldom easy, and it often comes at the end of a difficult effort to make a marriage work. You may be well aware of the tension and struggles you have gone through, and you certainly do not want to take on more anxiety by going through a contentious courtroom divorce.

If you have opted to try collaborative law to end your marriage, you already know that this method of dispute resolution does not have a judge or mediator keeping the process under control. It will be up to you and your spouse to maintain a forward momentum, and this may mean recognizing those factors that may spark a battle.

Inventorying and organizing in preparation for divorce

When you got married, you undoubtedly expected the relationship to last. After all, you do not approach any type of situation without fully thinking it through. Of course, you cannot predict every curve life might throw at you, and though you once expected your marriage to last, you now know that it will not.

Though ending a marriage is certainly difficult, you are once again taking the time to think through what the legal process will mean for you and your future. You do not want to approach your divorce case without the proper preparations, which is why you are looking for information and tips.

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