Marriage


marriage and business
Married life isn’t easy. Whether you like to admit it or not, there are just some aspects of your married relationship that are tough to navigate. Imagine how much harder things can get if you happen to be business partners with your spouse. There’s just so much to watch out for that it might just seem impossible to do. That doesn’t necessarily mean that it can’t be done though. There are just a lot more things that you need to keep in mind if you do find yourself in that situation. Communication is Key As with every relationship, the best way to make things work would be to communicate. Whether it’s something about your marriage or something about your business, the best way to make sure that things don’t go terribly awry would be to talk about it with your spouse. By communicating with them, allow them to know what it is your feeling and what’s going on your mind. Telling them gives them a chance to understand where you’re coming from and gives them a chance to do something about it so that things can continue to go smoothly. Communication is always key. Divide the Responsibilities In any workplace, there is always a chance for conflict. Sometimes you might feel like you could do a certain task better, sometimes you feel like you’re doing what you shouldn’t be doing. In order to avoid this, or at least lessen the chances of conflict from happening, it’s best that you divide the work responsibilities between you two. Keep in mind what your strengths and weaknesses are and use those to help figure out who does what. That way you maximize productivity for both of you and avoid any possible conflict that can arise. Don’t Mix Work with Home Life Even if […]

How to Be Business Partners and Stay Married   Recently updated !


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There has been a lot of discussion recently in regards the recently proposed House Bill 623. This bill essentially proposes to allow Texas to circumvent federal court decisions in regards to declaring gay marriage bans unconstitutional. However, rather than continue the discussion of whether gay marriage should or should not be legal, this bill poses some interesting questions in regards to a state’s ability to circumvent the federal courts. The Texas attorney general has already appealed the previous federal court decision from February of last year to the 5th circuit courts, and oral arguments on that issue will be taking place imminently. However, this bill appears to be proposed as a legislative mechanism to avoid the courts entirely. The strangest thing about this to me is that it is being proposed BEFORE the judicial avenues have been exhausted, which makes little sense, as it could be rendered effectively moot by a favorable outcome in the 5th circuit courts by the attorney general. As an attorney, from a procedural standpoint, this is a fairly troubling issue as the intent is clearly to strip power from the judiciary. Though the chances of success may be low, the intent is still there and still bothersome regardless. The methodology of this attack seems to hurt its own legitimacy as well, as the attack is based on protecting state sovereignty over the issue of marriage, however it is ignoring the legitimacy of the judiciary. The point of protecting state sovereignty I can completely get behind, however the better mechanism of doing this is through the courts, exactly as the attorney general is doing. Trying to protect sovereign powers by ignoring others is an inherently flawed plan, and only serves to give ammunition to those who choose to disrespect Texas as a whole. Perhaps this bill is […]

Gay Marriage and State Sovereignty   Recently updated !



alimony
Getting a divorce will not free you from being responsible for your ex-spouse. Aside from supporting your children, you may also have to give spousal support. You may know spousal maintenance as “alimony”. They are one and the same. Notoriously, there are those who would use marriage and divorce to live off of alimony. Some countries and states have already caught on and have made conditions for granting spousal support. Texas Rules for Spousal Support/Alimony The State of Texas has actually been very strict with alimony. It was not allowed until recently. There are many conditions before an ex-spouse can be awarded what they term as “spousal maintenance.”  Both parties have to agree on the terms of spousal maintenance. The court may also set the terms if the parties disagree. Marriage for at least ten years to qualify for alimony. Evidence must be established that the spouse applying cannot afford to support himself/herself. The rules also stipulate that to request for spousal maintenance, the ex-spouse must be disabled physically or mentally. If not, it must be shown that the recipient is the primary caretaker of their child.  Tax Regulations for Spousal Maintenance The amount being paid for spousal support is exempt from the taxable income of the one making the payment. It is the taxable income of the receiver. Divorces finalized on or later than January 1, 2019 will no longer allow the payer to declare the alimony as tax-deductible. On the other hand, the recipient is no longer required to report the amount as taxable income.  Identifying Spousal Maintenance It should be noted that spousal maintenance/spousal support is separate from child support. These are all separate from property settlement payments, mortgage payments or insurance premiums.  Payments to a third party are not alimony like medical expenses, tuition fees or […]

How is Spousal Maintenance Taxed in Texas?   Recently updated !


Frequently Asked Questions About Annulment
What is an annulment? Annulment is a legal procedure that would invalidate your marriage – so it will mean that you were never married. In order to go for annulment, you need to qualify for it. Once you are granted an annulment, your status will be single and you can remarry. It basically cancels and erases a marriage. It declares basically that your marriage never married. Can a court divide property in an annulment? The court will issue orders regarding the children and the separation of property in an annulment. The court will also determine which properties and assets are community property and which ones are separate property. These will be divided accordingly. What happens to the children in the annulment? When there are children from your marriage and you want the marriage annulled, you will have to submit a SAPCR (Suit Affecting the Parent-Child Relationship) which will determine the rights and duties of each parent towards the children.  Will an annulment affect the presumption of paternity? No. The husband will always be the presumed father of the child if the marriage took place before the birth of the child or if the child was born during the marriage. He will also be the presumed father if the child was born 301 days after the marriage was terminated by divorce, annulment, or death. What is the difference between a suit to void a marriage and an annulment? Both legal procedures focus on reasons why the marriage is not valid. The difference between the two is that a void marriage is not a valid marriage from the start, despite what the court may say. Annulment, on the other hand, needs the permission of the court to invalidate the marriage. Also, in a void marriage suit, spouses will not have the option […]

Frequently Asked Questions About Annulment in Texas



adultery
Adultery is one of the most common reasons for divorce. For many married individuals, it is a deal-breaker as it reeks of betrayal.  Adultery as a Ground for Divorce While it is often met with anger and condemnation, adultery is not considered a crime in Texas law. There is no direct penalty for any spouse who commits adultery. However, it can be one of the grounds for divorce.  In the state of Texas, there are two kinds of divorce. The first one is a “no-fault” divorce. This is where both parties agree to separate. There is no need to find fault or disparage the other party. Nor is there a need to justify their decision.  However, if you want a divorce and your spouse resists, you can file based on grounds accepted by the court. Adultery is one of them. Alimony and Adultery Adultery is legally defined as voluntary or willful intercourse of a spouse with a person who is not the husband/wife. If you will file the divorce based on these grounds, there has to be acceptable proof.  If the court finds the proof acceptable, the divorce proceedings will commence. It is often noticed that adultery will be a factor throughout the course of the trial. When a judge decides on temporary custody and property division, he can consider one party “at fault”. Requirements for Spousal Maintenance Alimony or Spousal maintenance is given by Texas courts to a spouse who is incapable of meeting his/her personal needs. The state has certain conditions before awarding alimony. While adultery is not one of them, there are some judges who may consider it when they make their decision.  Even if the marriage lasted more than 10 years, a judge may deny alimony if the requesting spouse committed adultery. On the other hand, […]

How Does Adultery Affect Alimony in Texas?


divorce school performance
Divorces can be a pretty stressful experience. While the process of divorce itself can get very difficult, life after the divorce can be just as hard. Getting used to how life after divorce can take a lot of trial and error to adjust to. But if you think that parents have it hard, kids can suffer too. The divorce can affect children just as much as it would for their parents, sometimes even worse. How well they do in school would be a perfect example. Having to Adjust For kids, life can get very confusing and difficult after their parents’ divorce. Some may have a harder time than others because some divorces may just be sudden and unexpected. If one wasn’t expecting their parents to divorce, he wouldn’t really know how to feel about it. But if a divorce was expected, they’d also have a difficult time, but not just as much. This would be because these children have somehow already acknowledged and expected, not being that surprised that it happened. In a sense, they’re more adjusted to having a life that’s constantly disrupted due to their parents’ marriage. This helps them carry on with their everyday life much easier. Who Has It Easier? One might think wealthier children may be able to adjust better than other children. After all, they are provided for. That isn’t necessarily true as a recent study revealed that wealthier children may even have a harder time adjusting. It can negatively affect their school performance. It showed that money wasn’t really of any help to them in adjusting in school following their parents’ divorce. The study showed that even kids coming from regular had an easier time adjusting, and sometimes not even needing to adjust at all, as they were more used to life was […]

Divorce and Your Child’s School Performance



prenuptial agreement
If you’re someone who’s planning to get married soon, the thought of getting a prenup might have crossed your mind once or twice, but why would you, right?  Prenuptial agreements – legal documents that state how a couple’s assets and possessions will be divided in case of a divorce – aren’t really necessary, especially if you know the law and are satisfied with their terms. But coming up with a prenup doesn’t easily equate to being a non-romantic, it just means that you’re someone who is careful about your future, and takes into account the possibility that all relationships come to an end, even if we didn’t want it to. It’s not bad to plan for the future, especially if you own properties, stocks, have children, or would be spending for the family, such as education. Let me show you what I mean. The Up and Down Sides of a Prenup Let’s start with the upsides: It could help identify who gets what, for example, a business you already have before entering the relationship It can be crafted according to your preference and situation, but of course, it could only cover those that are within the law It could protect you from each other’s individual debts that may pile up before or during the course of your marriage, such as student loans It could save you more time in the future, because negotiations regarding properties would no longer occur given that they are already stated in the prenup  It can help you prepare for the worst possible consequence a divorce could give you based on your own previous experiences However, it also has its downsides: It could make you look like you don’t trust your relationship to last and that you’re open to the possibility of separation or divorce, even […]

Prenuptial Agreements: Why is it more relevant today?


inheritance
When two people marry, it is not just a union between two individuals, but a union of two families. The influence of the family will reflect on the marriage. The differences in values and culture could spell the difference between a harmonious marriage and one that ends in divorce.  The big question is whether the influence extends to the financial status of the couple. If marriage binds them, will divorce effectively cut all ties? Inheritance and the Limits of Community Property The State of Texas follows the principle of community property. That means they consider the properties of the married couple as the property of both parties. Thus, if they divorce, the property should be divided between the two of them in an equitable manner. However, there are exceptions to community property called separate property. Inheritance is clearly stated as one of the exceptions of community property.  There are still certain conditions for an inheritance to be considered as a separate property. Otherwise, they would also be considered as community property. Any property that is received by a spouse as a personal gift or a personal inheritance is considered separate property. Unlike property acquired through purchases, the gifts and inheritance will not be community property. It does not matter if it was received during the time that they were married.  This holds true as long as the money or property is not commingled with the community property. For example, if the husband receives a personal inheritance worth $10,000, and he decides to deposit the money into their joint savings account, then it will be difficult to distinguish it from the money that they have also saved. In this case, it would likely end up as part of the community property. The same principle applies if the money inherited is used […]

Is My Spouse Entitled to My Inheritance When We Get Divorced?