What is a Smart Divorce in Texas?

Why did I name my blog for divorce in Texas? Because I wanted to stress that there are choices to be made when going through divorce. We want them to be ones that benefit us over all, in a multitude of areas, financial, emotional, relational. It requires a lot of thought to put together a comprehensive plan of how to divorce that thinks this all through. That is a Smart Divorce.

The way I see my role as a divorce attorney is to lead my client from being married to being single in a way that allows for this inquiry, if that is what is wanted.  Come see me and I will show you how.

For Smart Divorce in Texas

Diane M. Wanger

texasfamilylaw.info

817-285-2855

Overwhelmed during divorce? Take little steps.

When I was in Alaska I took a shuttle up to climb Flattop Mountain which overlooks Anchorage. Why am I telling you this? Well, I used to be in superb shape, both in strength and cardio. The last 3 to 4 years have been an adjustment downwards in ability.  Anyway, this hike was an extraordinarily difficult for me, at least based upon the expectations I had for myself. I was constantly wanting to quit. But I didn't. I adjusted by just making my goal little steps-make it up that flight of railroad ties, go just to that rock. That put the task into discrete little parts that seem doable. They all added up to summiting.

Divorce can be like that. Overwhelming, where you just want to quit. Quitting is not an option in the same way that climbing a mountain is. Still, taking one step at a time and then resting is more doable than thinking about the entire task ahead of you.

If you're feeling overwhelmed by your divorce, talk to your attorney or counselor about how to break down the steps into discrete understandable steps. You do have a counselor don't you? That's a conversation for another day -why you need a counselor when going through divorce.

Well, I made it it up and down the mountain eventually-and then I had a 13 mile bike ride back to town. Did I tell you that I was exhausted when I returned?

Oh, did I mention that the weather was in the 60s to 70s? Heaven.

For Smart Divorce in Texas

Diane M. Wanger

www.texasfamilylaw.info

817-285-2855

Alaska is a Cool place to Update Legal Skills for Divorce

I just got back from Alaska going to continuing educational training on collaborative law. For those that don't know, that is a way of doing a divorce or other dispute, outside of the court system. It is always inspiring to me to see how different people handle the skills necessary to do my job well. Collaborative law  more than a traditional practice of law emphasizes the importance of effective communication.

My 28 years of practice shows me that lack of communication skills is a huge contributing factor to marriage breakups. A significant advantage to collaborative law over traditional divorce litigation is that it is interdisciplinary.  That means we use for example, mental health practitioners as "family relationship specialists" or "communication facilitators" and financial specialists.  This allows many needs divorcing people have to be met in a way that would never be addressed during a more standard divorce process.

I'm really impressed that the collaborative law movement is aware of the cutting edge of science and its relevance to our practice. In October of this year, the International Association of Collaborative Professionals is having the annual forum which I hope to attend. It features as the keynote speaker a Dan Ariely, abehavioral economist. He studies the brain and how it works vis-à-vis decision-making. This is an understanding hugely important in my being able to better serve my clients.

Oh, did I mention that the weather was in the 60s to 70s? Heaven.

For Smart Divorce in Texas


Diane M. Wanger
www.texasfamilylaw.info
817-285-2855

Is alimony in Texas tax deductible?

The Internal Revenue Code provides that post divorce alimony payments are tax deductible by the paying spouse and taxable to the recipient spouse as "ordinary income." For this reason, it is not uncommon for a negotiated settlement to include the payment of a high amount of spousal support, because such a payment results in tax benefit to the payor.  There are some limits to the application, so be sure to check with your tax professional.
For Smart Divorce in Texas

Diane
texasfamilylaw.info

Medical Insurance through spouse's employer after divorce. (Cobra)

You might be entitled to keep your medical insurance benefits under your former spouse's group plan. The Consolidated Omnibus Budget Reconciliation Act of 1985 created what are commonly known as "C.O.B.R.A." benefits, which are available to the former spouses of people who work for employers who have 20 or more employees.

In general this law provides that employers must offer "continuation coverage" for the first three years after the termination of the marriage. The law further provides that the employer can charge the former spouse for this coverage, but the charge cannot be more than 2% greater than what is charged to employees.

After the three years have ended, the law states that the employer must offer a former spouse the right to purchase "conversion coverage", but there are no limits on how much the employer can charge for this coverage.

The C.O.B.R.A law further provides that the former spouse does not have to pass a physical examination in order to obtain the continuation or conversion benefits. This is significant if you have any pre-existing conditions that might not be covered by another medical insurance carrier.

In order to obtain your C.O.B.R.A. benefits you have to file your application with your spouse's employer by no later than sixty (60) days after the termination of your marriage. If you do not file your application by that date you will not be able to ge t these important benefits.

If you wish to have your C.O.B.R.A. benefits you must contact your former spouse's employer directly and request the appropriate forms. This is not a service that is customarily performed by our office. You must contact your former spouse's employer directly if you want to obtain these benefits.

At the current time, the federal government is subsidizing much of the cost of this continuation coverage.

For Smart Divorce in Texas

Diane

Texas Long Term Alimony/Support

THIS POST IS NO LONGER REFLECTS THE LAW AS OF SEPT 2011  SEE POSTS AFTER JULY 2011
Where the marriage has lasted more than 10 years, or under some family violence situations and support is needed to meet the "minimum reasonable needs" of the spouse, the court may order alimony/support for up to three years.  If a spouse is disabled or responsible for a adult disabled child, the support may continue beyond 3 years. Usually what you will see is a three year order with a review at the end.


For Smart Divorce in Texas


Diane

Temporary Spousal Support or Alimony

Texas courts routinely order temporary alimony or spousal support (terms used interchangeably) during the pendency of the divorce (from the day of filing the petition until the day the divorce is granted)  How much is ordered depends on the earnings and expenses of each spouse as well as which court your case is set in.  Where child support is being paid, the guideline level of child support is normally first calculated. Then spousal support is determined.

For Smart Divorce in Texas

Diane   (817)285-2855

Happy New Year

Well, another year has passed. I was reflecting to a client this week how much initial custody determinations have changed since I first started practicing 28 years ago. Back then, it was a given that if you had a stay-at-home Mom (and it was always the Mom) her getting primary custody and temporary use of the house was a given. Not so much the case now. Not that the norm has flip flopped or anything, but the result is determined by the judge who is hearing your case. And these days, the value system and beliefs of the various judges regarding this important issue vary widely. It is important to hire an attorney who practices regularly in the county where your case is. Part of what you are purchasing is a sort of "institutional" knowledge, not purely knowledge of the laws.

If you need more information about child custody in the Tarrant County, Texas area, please call my office for an appointment at 817-285-2855.

From Smart Divorce in Texas

Diane M. Wanger

Holiday Visitation

Hi. I can't believe that Thanksgiving has already passed. It makes me think that this is the time of year that people begin to have problems with holiday visitations. Please know that if you anticipate some sort of problem that might require court intervention, PLEASE contact a professional now. It takes time to get a case filed and a hearing set and there is not much time until Christmas.

If there is anything that I can do to assist, whether court is needed or not, be call me at 817-285-2855 to schedule an appointment. I have a lot of experience with access issues and together I am sure we can craft of solution.

Diane for Smart Divorce in Texas

What is community property in Texas?

A common question people ask when they come to see me on an initial divorce consultation is what is community property"?

Community property is all property acquired during the time of marriage, other than by gift or inheritance. But the story doesn't end there. There is a concept in our property laws that allows for mutation of property. On a practical matter, what that means is you might enter the marriage with a house, which is yours separate property, (because you did not acquire it during the time of marriage). Then you might sell that property, and use the proceeds to purchase a vehicle. Even though the vehicle was purchased during the marriage and would appear to be community property, if the proper evidence is presented, the vehicle can be "proven" to be separate property.

Retirement accounts are a common asset which people own either separate property or part separate in part, community property.

If you think you have a separate property claim have a detailed discussion with your attorney or call 817.8285.2855 to see me in Tarrant County, Texas.

For Smart Divorce in Texas

Diane M. Wanger