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TIS THE SEASON FOR FILING A TEXAS DIVORCE ?

Welcome to January, the Divorce Month of the New Year! After a bad holiday season, many people have made the decision to file for divorce. The most popular months for filing divorce in the United States occur in January through March.

Going through a Divorce is painful no matter what the circumstances. When you decide to start the Texas Divorce Process, make sure you are financially prepared. Financial planning helps you in making sound decisions and start to prepare for your post-divorce life.

Below is a list of items you need to gather before counseling with an attorney. Financial Documents are a must to show what your true assets and liabilities are in the marriage.

Financial Documents needed when preparing for a Texas divorce:

  1. Tax Returns (at least three years) or Tax Liens and all IRS related documents
  2. Wills and Trusts with all attachments reflecting corpus and trust holdings
  3. Listing of all liabilities (including mortgages, credit card debt, personal loans, automobile loans, etc.):
    -Name of entity, address and telephone number
    -Account number
    -Amount owed
    -Monthly payment
    -Property securing payment (if any)
    -Most current statements and account status of lenders
  4. A Listing of all Real Property, address and location, including (includes time-shares and vacation properties):
    -Deeds of Trust
    -Notes including equity loans and second liens
    -Legal Descriptions
    -Mortgage Companies and Loan Servicers (Name, Address, Telephone Number, Account Number, Balance of Note, Monthly Payments)
    -Current fair market value
    -Appraisals
  5. Motor Vehicles (including mobile homes, boats, trailers, motorcycles, recreational vehicles; exclude company owned):
    -Year
    -Make
    -Model
    -Value
    -Name on title
    -VIN Number
    -Fair Market Value
    -Name of creditor (if any), address and telephone
    -Persons listed on debt
    -Account number
    -Balance of any loan and monthly payment
    -Net Equity in vehicle
  6. Cash and accounts with financial institutions (checking, savings, commercial bank accounts, credit union funds, IRA’s, CD’s, 401K’s, pension plans and any other form of retirement accounts):
    -Name of institution, address and telephone number
    -Amount in institution on date of marriage
    -Amount in institution currently
    -Account Number
    -Names on Account
    -Company loans and documents related to benefits
  7. A listing of separate property (property owned prior to marriage, family heirlooms, property gifted, inherited property):
    -Records that trace your separate property. These assets will remain yours if properly documented
  8. Retirement Benefits:
    -Exact name of plan
    -Address of plan administrator
    -Employer
    -Employee
    -Starting date of contributions
    -Amount currently in account
    -Balance of any loan against plan
    -Documents
  9. Publicly traded stock, bonds and other securities (include securities not in a brokerage, mutual fund, or retirement account):
    -Number of shares
    -Type of securities
    -Certificate numbers
    -In possession of
    -Name of exchange which listed
    -Pledged as collateral?
    -Date acquired
    -Tax basis
    -Current market value
    -If stock (date option granted, number of shares and value per share)
    -Stock options plans and related documents
  10. Insurance and Annuities Policies and Inventory:
    -Name of insurance company
    -Policy Number
    -Insured
    -Type of insurance (whole/term/universal)
    -Amount of monthly premiums
    -Date of Issue
    -Face amount
    -Cash surrender value
    -Current surrender value
    -Designated beneficiary
    -Other policies and amendments
  11. Closely held business interests:
    -Name of business
    -Address
    -Type of business
    -% of ownership
    -Number of shares owned if applicable
    -Value of shares
    -Balance of accounts receivables
    -Cash flow reports
    -Balance of liabilities
    -List of company assets
    -Possible hobbies or side businesses that generate income
  12. Mineral Interests (include any property in which you own the mineral estate, separate and apart from the surface estate, such as oil and gas leases; also include royalty interests, work interests, and producing and non-producing oil and gas wells:
    -Name of mineral interest
    -Type of interest
    -County of location
    -Legal description
    -Name of producer/operator
    -Current market value
    -needs leases or production documents related to the asset
  13. Money owed by spouse (including any expected federal or state income tax refund but not including receivables connected with any business)
  14. Household furniture, furnishings and Fixtures
    -photos
    -purchase documents
  15. Electronics and computers including software and hard drive
  16. Antiques, artwork and collectibles (including works of art, paintings, tapestry, rugs, crystal, coin or stamp collections) Other large collections need to be appraised! (Guns, quilts, action figures, books)
  17. Miscellaneous sporting goods and firearms
  18. Jewelry including appraisals
  19. Animals and livestock
  20. Farming equipment
  21. Club Memberships
  22. Safe deposit box items
  23. Burial plots including documents of ownership
  24. Items in any storage facility
  25. Travel Awards Benefits (including frequent flyer miles)

Love and Marriage ….and Divorce!

With the U.S. marriage rate at an all-time low, 51% of adults were married in 2011 (US Census Bureau), only 29% of all divorced adults say they would marry again with women definitely in the negative on remarriage.  Americans are also not in a hurry to marry.  The median age of first marriages is a record high of 29 for men and 27 for women (US Census Bureau).

So what about the 48% of adults currently married?  A new divorce report by the Slater and Gordon Law Firm in England who surveyed 1000 divorcees has reflected some very interesting findings:

  • The average person spends about 2 years thinking about getting a divorce before they file.

  • During this time the average person spent 18 months really trying to fix their marriage and working to try to save the marriage.

  • 53% discussed divorce with someone besides their partner before filing.

  • 36% spoke to an attorney before deciding to file a divorce

  • 76% tried to fix their marriage problems before deciding on a divorce

  • 53% said their split was amicable and 45% said they are still friends

  • 31% have no contact with their previous spouse at all!

     How would you fit into this survey?

The Nacol Law Firm PC has expressed 8 of the top causes of Divorce!

  1. Lack of communication: A successful relationship constantly keeps in touch! When there is a loss of open ended communication on all issues affecting the marriage, families may fall apart quickly. Share your feelings, tell your partner what is happening, and listen to your partner.

  2. Money and Finances: If there are constant money problems or major disagreements on financial issues, you may have a serious martial problem. A team effort at all times bodes for a better marriage.

  3. Alcohol and Drug Addiction:  Addiction is one of the most damaging and challenging problems spouses will ever face in a marriage. Because additive behavior touches everyone in a family most marriages are severely damaged years before a decision is reached to end the marriage.

  4. Domestic Violence/ Intimate Partner Violence: Family Violence is the willful intimidation, physical and/or sexual assault & battery or serious mental and verbal abuse perpetrated by one intimate partner against another. The frequency and severity of domestic violence varies dramatically and may include physical or sexual violence, threats, and emotional abuse. The violence is often accompanied by irrational and controlling behavior and is intended to result in total dominance and control over the other spouse /intimate partner or other family members.

  5. Trust and Infidelity Issues: Do you truly trust your spouse? Are their jealousy issues that occur with one spouse when other people are involved in your lives? A successful marriage is very difficult absent trust.  If you do not trust your spouse the marriage is vulnerable!

  6. Spouse cannot understand or fulfill your needs and desires: this includes personal and sexual needs and common courtesies to each other. We all have different needs and desires. If you or your partner won’t acknowledge each other’s needs and try to accommodate, the marriage is vulnerable!

  7. Inability to resolve conflict: Often couples have very serious trust issues with each other and cannot get past the needs of one vs the needs of the family.  Smart couples will seek out a 3rd party “referee” to help resolve these differences before the marriage is irretrievable.

  8. Children: Enough said! The married couple must decide on a united front in child rearing and discipline.  The child cannot be in charge or subject to multiple contradictory directives!

Deciding to divorce is a very sad and financially devastating family decision. If you and your spouse are still at the point to possibly change things for the better, explore all other opportunities! There was a reason for the initial attraction and your family will love you for it.  Otherwise, consult a qualified legal professional who can help guide you through this trying period.

 

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