Have you been struggling with the thought of going through a divorce, while knowing deep down it is inevitable?

Up to 50% of married couple divorce according to some statistics. Missouri had an estimated 3.2 divorce rate in 2015. Nobody likes to think about it, but the truth shows that many couples will, unfortunately, go through the pain and suffering of a divorce.

These pains are often not limited to emotional distress. Divorcing can be a financial burden as well. That is probably why some couples postpone it: the process seems too inconvenient. But is this the best move?

Actually, it’s not.

Why You Shouldn’t Postpone a Divorce

There are a variety of reasons why people choose to postpone their divorce. It can be anything from not being able to admit to family and friends the marriage is over, not hurting the children, or even just hoping their financial situation will improve over time, and the divorce won’t be so draining for the couple.

However, in some cases postponing the divorce can prove even more expensive:

1. Longer Marriage Means More Financial Obligations

If you have to pay spousal support for a divorce, the duration of the marriage can ultimately influence how much you will have to pay, and for how long. If your marriage lasts for decades, Missouri law believes these payments should be permanent.

2. Changes in Finances

Over time, you could accumulate more assets, which means there will be more properties to split during the divorce. These are all factored in when negotiating the divorce settlement, even though the funds or property have nothing to do with the marriage – take for instance, a relative leaving you a house in their will.

3. Reconciliation often Needs Work – and Money

It can be extremely difficult to reconcile with a spouse after you decide to get a divorce. This is not something one chooses lightly, and chances are that when the idea crosses your mind, it’s because you truly need it.

Nevertheless, many couples decide to give it another try, and some even go to therapy to try and work things out. Some successfully do so and get back together. However, some studies also show that 38% of couples who seek marriage therapy end up in divorce, even though they dedicate a lot of effort into their therapy sessions.

4. It Can Drain You Emotionally

Postponing the divorce has a negative impact on your happiness as well. When a relationship isn’t working anymore, it’s always best to act, as the more time goes on, the more frustrated and resentful the two people can be. If there are also children involved, it’s imperative to remain relatively close even after the divorce.

Speak With an Attorney

Have you been struggling with the thought of going through a divorce, while knowing deep down it is inevitable? Speak with an experienced attorney today at (314) 801-8488.

Helping your children cope with their new living environment requires compassion and routine.

Divorce is never easy; emotions can run high and parents need to plan for a new life.  This can include finding a new home, decorating, and furnishing a new house. However, many parents find the hardest part of custody is not in the logistics of a new beginning, but providing a sense of stability for their children.  St. Louis lawyers can provide a myriad of resources at your disposal. Your family law attorney will work closely with counselors and therapists to help children and parents during a divorce.

It is to understand that children can fall into three over-arching stages in relation to divorce; young children (up to age four), older children (from age five to twelve), and teenagers.  The latter two will share many qualities, but all will view the changes around them from the lens of their respective stages of development. It is necessary to approach each with the right technique, to properly help them during this seemingly chaotic and trying period in their lives.

What to Expect

As stated above, each age group will have a different perception of divorce.  Young children are set in their dependency on both parents and are also accustomed their routine.  The loss of routine may result in regression. Previously potty-trained children may wet themselves or their bed, become moody, and lose their sleep schedule.  

Older children can also regress; seeking attention and complaining of stomach aches and other problems that will reinforce a perceived necessity for dependence.  Unfortunately, this partially stems from a sense of fault for the divorce, as well as the loss of routine. It is also common to become emotional when visiting the non-custodial parent.  Their sense of guilt may result in children trying to take on extra responsibilities; they essentially may try to become an adult themselves.

Teens, like older children, may also develop feelings of guilt and blame themselves for the separation.  They too may attempt to replace the non-custodial parent and seek to be more “adult-like.” Teens also tend to be vocal about whom they wish to live with, having a stronger sense of connection with one parent over the other.  To further their anxiety, they may worry about losing touch with friends, due to changing weekend schedules and living arrangements. Finally, a teenage child may also find one of their parents at fault for the divorce.

How to Help Your Children

Helping your children cope with their new living environment requires compassion and routine.  For younger children that means keeping meals and bedtime as regular as possible. It also means asking questions like, “Do you miss mom/dad?”  Finally, outline their new environment; explain that even though you’re not living together, that both parents still love them.

For older children it is often a good idea to sit down as a family about two weeks ahead of the separation.  Use this time to explain not just the changes, but what will stay the same. This can be the school they attend, opportunities to spend time with friends, and even visitation with parents.  Knowing what to expect will help them cope with what is to come. It is also important to give your children a chance to voice any questions they may have. Perhaps of equal importance, stress that the upcoming separation is not the child’s fault.  

Teenagers tend to be a bit more difficult at times, as any parent with teenagers is aware.  Like their younger counterparts, sit down a week or two ahead of time and discuss the upcoming separation.  Teenagers, however, are often more independent and have a better understanding of divorce. As such, they may not require the same amount explanation as preteens.  It is important to actively ask them questions to open conversations. When they ask a question, give a clear and simple response. It is also important to keep private from them the gritty details of what lead to the divorce, such as extramarital relations.  Be open about how you, the parent, are feeling. Finally, consider explaining what you are doing to self-heal.

While a marriage may come to an end, parents’ love and concern for their children should stay strong through this process.  Every good parent feels a sense of worry about the new life their children are entering. This is normal and healthy. What is important is to work as a team to ensure both parents know what their children need, and how to guide them towards stability once again.  Through counseling and an understanding of how children react to the stresses of divorce, parents can help children cope with what is to come.

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References

L.C.S.W., Robert Taibbi. 2013. Psychology Today. June 28. Accessed October 12, 2018. https://www.psychologytoday.com/us/blog/fixing-families/201306/children-divorce-helping-and-healing

If you are in the middle of a divorce, filing taxes may be the last thing on your mind. However, there are a few things you should understand.

Filing taxes is already a nerve-wracking and complicated matter. No matter how many times you do it, there may always be something that gets you confused. If you are in the middle of a divorce, things can become even more complex.

Should you file joint or separate tax returns? What does the law say? And, what option is in your best interest.

Because the circumstances of every case are different, it is best to discuss your options with an expereinced St. Louis divorce attorney before making a decision.

Common Tax Issues During a Divorce Trial

One of the most common questions people ask their lawyers is if they should file a joint or separate tax return.

The short answer is that it depends. According to the law, divorced spouses can’t file a joint tax return. Keep in mind, though, that the marital status is determined on the last day of the year. So, if you are still married on December 31 (the end of the tax year, ) meaning that there is no final court ruling ending your marital status, then you can generally file a joint return if both of you agreed to do so. That is generally applicable even if you are separated and don’t live together anymore.

Talk with your soon to be ex-spouse and your St. Louis family law attorney and decide if a joint return is in your best interest.

On the other hand, if the divorce is final come December 31, then you will typically need to fill your tax returns as “Single.”

Does Child Support Payments Affect My Tax Return?

The Missouri law states that child support payments aren’t included in the income of the spouse receiving the benefits. As such, they are not deductible from their income. The same stays true even if the ruling regarding child support or custody is only temporary. Note that a temporary ruling won’t affect your marital status either.

So, if your divorce is still pending and a judge ruled that your kid should stay with your spouse until the case reaches a final conclusion, then you can still file for a joint tax return if both of you wish to do so.

What Should You Do?

Discuss your options with your tax and divorce lawyer before deciding anything. If the divorce is not final, then filing a joint tax return may be in your interest, especially if you are struggling with credits and deductions. On the other hand, both you and your spouse will be liable if something is wrong and will have to pay penalties

Speak With a Divorce Attorney

There are a lot of things to consider during a divorce. Tax returns and any other financial considerations may be the last thing you care about when you are trying to start your life fresh. But, you need to think about every detail of the process and do what is in your best interest.

Give us a call today at (314) 801-8488

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