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San Antonio Family Law Blog

Divorce has monetary repercussions

The process of getting divorced is often viewed as an emotional ordeal. However, divorce also has financial repercussions in San Antonio and elsewhere. For this reason, it is critical that individuals who are going through divorce closely examine their finances right away.

For starters, it may behoove those going through divorce to create budgets, as this will help them to review their finances. In their budgets, they can list their incomes as well as their expenses. The income listed should ideally exclude the future ex-spouse's wages. However, it may include future child support if appropriate. In addition, it is important to include in the expenses any costs that one will have to assume entirely following the divorce, such as a car loan or mortgage.

Why hire an attorney for a Texas divorce?

A lot of newlyweds find the legal side of getting married surprisingly simple. They marvel that Texas lets you change your life so profoundly with little more than filling out a form.

But many people are blindsided by how long, complex and contentious divorce can get, and how suddenly. By the time you understand, it can be too late. Divorce attorneys are often hired to undo the damage left after someone attempts divorce alone, without an attorney. 

Parents' interaction during divorce has an impact on the children

Divorce impacts all members of the family, but it can be particularly challenging for children. Sometimes, the children feel that they caused the divorce. In addition to feeling guilty, they might feel anxious about how the divorce will alter their personal lives. However, there are a few steps that can be taken to minimize the effects of divorce on children in Texas.

First, as a general rule of thumb, it is important that the parents avoid fighting in front of their children. They should also avoid speaking negatively about each other in order to help foster positive relationships between the kids and both parents. In addition, making a child the messenger puts unnecessary pressure on him or her at a time when life already feels unstable.

Preparation helps with financial decision-making during divorce

Navigating divorce proceedings can be intimidating. In San Antonio and elsewhere, the financial impact of divorce is a common concern. However, those confronting divorce proceedings can make things easier on themselves by being financially prepared for the future.

Prior to the divorce process, it is a good idea to gain a thorough understanding of the household finances. This can be done by keeping a detailed account of all current expenses, as well as trying to anticipate future costs. Monthly or quarterly statements regarding investments, retirement savings, bank accounts and credit card accounts can be especially helpful in gathering this information.

Divorce asset division can have a long-term impact on finances

The process of getting divorced can do more than take a toll on a person's emotions in San Antonio. It can also derail the individual's finances. However, a few steps can help people who are going through divorce to make wise financial decisions now so that they can protect their financial statuses long term.

First, it is important to take into consideration the tax consequences of various assets during the asset division process. Texas is a community property state, so all assets that two people accumulate during their marriage must be split 50/50 when they get divorced. However, the dollars in certain accounts are not equal to the dollars in other accounts. For example, a qualified retirement account has funds that are pre-tax, whereas this is not true for funds in other accounts.

Steps may assist with healing post divorce

Most divorces come after efforts to keep the marriage intact have not succeeded. This can create anxiety about what the future may hold. Fortunately, those navigating divorce proceedings in San Antonio can begin to heal from this experience by following a few suggestions.

First, it may be helpful to open up to other people. Divorce coaches, therapists and friends all can be sources of comfort and strength. It's also a good time to let the grieving process run its course, accepting the fact that the marriage is over and that the dreams that it once held may now be lost. It's possible to heal more quickly if the losses that come with divorce are accepted, along the the feelings that those losses create.

Dissolution of marriage is (mostly) the same for same-sex couples

Same-sex marriage has been legal in the United States since the U.S. Supreme Court ruled it as a constitutional right in 2015. With the legalization of same-sex marriage came the reality of same-sex divorce. Like many heterosexual married couples, couples in a same-sex marriage sometimes find themselves in a situation in which divorce is the best option for both parties.

According to the Buffalo Law Journal, the process for same-sex divorce is essentially the same as the process for those in a more traditional marriage.

Custody and children's emotions can be hard to navigate

When parents go through the dissolution of a marriage, they may become so wrapped up in their own affairs that they neglect their children's emotional needs. Unfortunately, this can make the inherently tough situation of divorce even harder for the children, especially when child custody may become a source of conflict. Fortunately, a couple of tips may help divorcing parents to make the divorce process easier for their children in San Antonio.

First, it is a wise move for parents who are getting divorced to be honest with the children about the divorce. At the same time, it is not necessary to provide too many details about their marriage. Instead, it is best to stay focused on the issues that will likely be on the children's minds going forward, such as if they will have to change schools or move as a result of the divorce.

Separating bank accounts may not help during divorce

Sometimes, financial experts tell their clients to separate their earnings during their marriage, as this may help them to avoid conflict. However, even if two people in San Antonio decide to create and maintain separate bank accounts, they may still have to share their money if they get a divorce. Here is a glimpse at how the state of Texas handles property division during divorce proceedings.

Texas follows the community property standard -- a standard to which only a few states adhere. Based on this standard, two people who decide to divorce in the Lone Star State must split their earnings 50/50 as part of the property division process. This means that, even if they kept their money separate, they must still split it equally if the money was acquired over the course of the marriage.

Wise parents focus on child's emotions when tackling custody

When parents go through divorce, one of their biggest areas of concern is meeting the needs of their children. Specifically, they can easily become consumed with the issue of child custody. Here is a look at how parents can help their children to do as well as possible emotionally, following their divorce in San Antonio.

First, it is critical that the children of divorcing parents spend equal amounts of time with both parents. This is best achieved if the two parents live within 20 minutes of each other. The active presence of both parents in the lives of the children will give the children more stability and create less resentment, as the children may not be forced to sacrifice time with friends or activities just to spend time with the non-custodial parent.

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Law Office of George C. Ruiz, PLLC
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San Antonio, Texas 78207

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