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Austin Texas Family Law Blog

Understanding credit situation can be helpful during divorce

When two people in Texas decide to get divorced, they may understandably be overwhelmed by the many changes that will come their way. One of these changes is transitioning from a two-income household to a single-earner household post-divorce. However, understanding their credit situations early on can help divorcing individuals to make the wisest financial decisions possible during the divorce process.

At the start of the divorce process, it may behoove a spouse to get a copy of his or her credit report as soon as possible. The report will show the spouse his or her financial obligations, including lines of credit as well as home or auto loans. Knowing this information is essential, as it will help with making decisions concerning debt and property division during the divorce.

Summer a smart time to plan ahead for divorce

The often hectic summer months can quickly take a toll on an already struggling marriage. In light of this, unhappy spouses in Texas and elsewhere may decide to finally pursue divorce during the month of July. Some tips may help them to be prepared for the process starting from day one.

Before commencing with divorce, spouses may first want to find out where they are financially. They can do this by gathering details about the funds in their checking and savings accounts. In addition, they may benefit from finding out how many credit cards are in their possession and what their balances are. The more they know about their finances, the more fairly and effectively they can complete the process of asset and debt division.

Texas co-parenting can be challenging for those in the military

If you're a military service member or were married to one, you likely understand how difficult it can be to balance family life with career service duties. The fact is that some Texas marriages don't withstand the strain. If your household is one of many that is undergoing changes because of impending divorce, you're definitely not alone in your struggle.

The U.S. military typically offers many on-base resources for families, especially parents going through divorce. In addition to those, it's always a good idea to know where to seek outside support as needed, particularly if a legal issue arises with custody. Co-parenting takes a lot of cooperation and compromise, which doesn't come easy for some former couples.

Tackling student loan debt during divorce can be tricky

The process of getting divorced can be difficult to figure out for those with large amounts of debt. When it comes to student loan debt in particular, people who are going through divorce may wonder if they will have to cover the debt themselves or if their future exes will be responsible for it as well. Here is a look at how student loan debt is handled during divorce.

In Texas, any debt acquired prior to the marriage will be treated as separate property during the property division process. In other words, it will not be divided between the two parties. Therefore, if a spouse accumulates $50,000 in college loans before walking down the aisle, this debt will remain his or hers after the divorce.

How divorce can affect your military pension benefits

A divorce in which at least one spouse is a military servicemember is like a civilian divorce in many ways. The divorcing spouses will have to make difficult decisions on many components of their shared life.

However, one often contested item that differs is the division of military pension benefits or retirement pay. When one spouse is a military servicemember, the question of whether the other spouse will receive a portion of your pension benefits can be complex and dependent on multiple unique factors.

Being financially prepared incredibly important during divorce

The process of getting divorced can be difficult for any person in Texas. However, divorce can be particularly challenging for spouses who are not comfortable with managing investments and other financial assets. Here are a couple of steps that divorcing spouses who are in this situation can take to help themselves.

First, it is wise for divorcing individuals to gather their three previous tax returns as soon as possible. These documents are filled with helpful data regarding financial assets, which can come in handy during the property division process. Second, producing a net-worth statement is a wise. This is possible by tallying all of one's liabilities and assets, which must go on a financial affidavit filed with the court during the divorce process.

Decree modifications may be necessary following divorce

Following the marital dissolution process in Texas, you may feel relieved to move on with your life. However, you and your ex-spouse may experience various life changes that will cause you to revisit your divorce decree. In such situations, you can pursue decree modifications in a Texas family law court.

As an example, perhaps you are making child support payments to your ex-spouse but end up losing your job. Because the loss of your job is deemed a substantial change, you can request that the court modify this aspect of your divorce decree. However, if your job loss is only temporary, the court likely will not reduce your child support obligations.

Insurance an important consideration during divorce

The end of a marriage in Texas is a complicated process due to the various financial, emotional and practical implications it has for both parties involved. For this reason, overlooking a basic item like insurance coverage can be easy during divorce proceedings. Still, it is important to examine how one's insurance coverages might change following the divorce and what needs to be done to prepare for this.

First, a law called COBRA is in place in part to help divorced individuals who are not earning income to remain under the employer health insurance plans of their ex-spouses for as many as three years following their divorce proceedings. This can be convenient for divorced individuals, though it is often not cost-effective. Fortunately, more practical insurance options for health care may be available and thus worth looking into, particularly since the Affordable Care Act was enacted in late 2017.

Child support amounts can be altered post divorce

Dissolving a marriage is not a simple, straightforward process, particularly when young children are going through the process, too. The reality is that every family is different, so naturally, families do not approach the issue of child custody exactly the same. Nonetheless, noncustodial parents are usually required to provide child support to custodial parents, as this allows both parents to share in the cost of supporting the children. Two facts are essential to consider when navigating the issue of child support during divorce in Texas.

First, it is possible to modify a child support amount that the court previously determined. This is because the paying spouse may suddenly become disabled and thus unable to continue working. In addition, a paying spouse might suddenly fall into financial trouble due to losing a job. Alternatively, a paying spouse may receive an inheritance or even boost his or her income substantially. These situations have an impact on the child support amount being paid.

Will I lose custody of my children because I’m in the military?

After your divorce, you might want to make the most of your time with your children. But you may worry about how being in the military can affect your custody agreement. You and your ex split time with your child—but what will you do if you have to move?

Serving in the military means there is always a chance that orders will send you to another state or even another country. Since the military can transfer or deploy you at any time, can a judge take away your custody?

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