divorce

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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One of the decisions couples need to make when getting a divorce is whether or not they want to live separately during the process.

While living separately during a divorce may seem necessary to some, a significant portion of couples do not, with the most common factors being saving money and giving continuity to their children’s lives. However, here is why living separately may be the right solution for you.

Your Emotional State

When two people decide it is time to get divorced, they often do so after years of negative emotions. What happens is that they reach a breaking point, and at least one person cannot go on with the relationship. If this description matches your mindset, it may be toxic to stay in the same space as your partner. The better move for your emotional state may be to have one person leave the situation and allow for healing.

It Might Be Better For the Children

One of the typical justifications for why people stay is so that their children still have two parents in the house. While noble, this approach often backfires. The reason is that couples who are on the brink of divorce often don’t get along. As a result, their children hear their arguments and tend to understand what is going on beneath the surface. This effect can have worse consequences than one parent moving out.

One Person is Likely Leaving at Some Point

If you’re getting a divorce, you and your partner will generally separate at some point. That can be early in the process or later in it, but in most cases it will happen at some point. What you might decide as a result of this truth is that you should make the switch as soon as possible. Staying is delaying the inevitable, which can have emotional consequences.

Building a Better Future

People who are in negative relationships often find that they can spread their wings and develop an incredible amount once they separate for their spouses. Whether that means seeing other people, trying new activities, or reconnecting with old friends, living with your current partner may hamper the process of moving on.

There is a Reason Why You’re Separating

Some couples protest to all of these reasons with legitimate points of their own. Typical points include them being civil with each other, not fighting at all in front of their children, and even planning to live together after the divorce is finalized. If that is the case for you, it may be time to revisit why you’re separating in the first place. If it isn’t, then perhaps some distance is a good thing.

One of the things St. Louis family law attorneys often see is couples attempting to live together during the splitting process. While this arrangement can work for some, it is often a bad idea for everyone involved. We hope that, whatever your decision is, it will lead to a happier and brighter future for both you and your family.

At The Betz Law Firm, we are committed to getting our clients the results they deserve and are able to apply our substantial experience in family law to that end. Give us a call today at (314) 801-8488.

When it comes to divorce, some mistakes are more common than others.

What makes highlighting them so useful is that doing so stands to save a significant amount of people from making errors when going through a divorce. This can protect them from monetary costs, wasting time, and experiencing many negative emotions. The following are six common mistakes that will very likely negatively impact your divorce case.

Not Accounting For Assets

Marriage makes you and your partner one legal entity. One result of that is you sharing financial assets. It is crucial to understand every one of these accounts and items before you finalize your divorce. If you do not, you could end up losing a hefty portion of what you deserve. An excellent way to avoid this outcome is hiring a financial professional to assess your situation.

Fighting With Your Ex

Fighting with your ex will only lead to more bitterness and a slower legal process. Not only will you pay for this behavior in negative emotion, but you will also quickly amass legal bills. Neither of those outcomes is preferable, so you should always do your best to be collaborative.

Involving Your Children

While you should communicate with your children about the divorce, you should never use them to try and get back at your ex. Doing so will be a negative experience for everyone involved and could lead to long-term relationship damage. Instead, try to do what’s best for your kids, no matter how bad your relationship is with your spouse.

Being Rude to the Judge

If you end up in court for your divorce, you’ll have to see a judge. That person will listen to your case, provide some guidance, and make crucial decisions if needed. One mistake people often make is being rude to the judge. This kind of behavior can come back to haunt you later on, as that person wields a significant amount of power over your future.

Not Being Actively Involved

As good as your lawyer might be, you won’t get the divorce results you want unless you play an active role. The reason is that legal professionals aren’t mind readers. You’ll have to communicate with your attorney if you want negotiations to go as planned.

Settling Too Quickly

Deciding when to settle and when to fight for more is best discussed with your lawyer. What this choice will come down to is the offer on the table and your priorities. No matter what, you should never take a bad deal. It is usually much better to spend a bit more time negotiating and get better terms as a result.

While your St. Louis family law attorney will shoulder a significant portion of the responsibility in your split, you will still play a vital role. Part of it is resisting the temptation to be disengaged, be rude to the judge, fight with your ex, or exhibit any other behavior we detailed on this list. If you can manage to do so, you increase your chance of a better outcome.

Though deciding to divorce is emotional, you can prepare yourself for the road ahead by carrying out the 7 steps on this list.

Spouses splitting up is rarely a happy experience. Still, people that are about to undergo this legal process can make things easy on themselves by taking some preliminary steps like educating themselves, figuring out logistics, speaking with an experienced divorce attorney, and more. Here are seven steps to take immediately after deciding you want a divorce.

Accept Your Decision

Sadness, regret, and other negative emotions often follow the decision to get a divorce. If this happens to you, you must do your best to forgive yourself and accept your choice. Doing so can be tough, but remember how difficult marriages are. Try not to blame yourself or anyone else.

Obtain a Foundation of Knowledge

If you have no prior knowledge of divorce law, your next move will be educating yourself. That could include reading legal articles, browsing divorce blogs, and maybe purchasing some books. Doing so will give you a foundation of understanding that you can utilize throughout the divorce process. Your lawyer will pick up the slack eventually, but knowing critical information on your own is both useful and empowering.

Straighten Out Your Priorities

The overarching goal of divorce is to reasonably split up everything you share with your spouse. Still, you and your lawyer will prioritize some terms over others. One good thing to think about before the process begins is what you want the most. That answer could include your home, financial accounts, custody, or any other crucial matter.

Figure Out Logistics

You will figure out long-term logistics in the divorce proceedings, but you need a short-term plan too. What you need to decide on are matters like where you will live, where your children will live, and how often your kids will see each spouse.

Collect Financial Documents

As we mentioned above, going through a divorce is essentially splitting up everything you and your spouse own. One of the most important aspects of that process is your finances. You’ll want to collect documents like tax returns, pay stubs, and mortgages so that you have your own records of all the things you share.

Plan a Time to Talk to Your Family

You’ll need to inform your family about your plans before proceeding. First, break the news to your spouse. Once you do, you can collaborate on a strategy to tell your children. Both of those conversations will be difficult, but necessary. Make sure you prepare accordingly.

Find the Right Lawyer

At this point, the official divorce process is about to begin. Now it is time to hire an experienced lawyer and move forward with your case.

Couple generally don’t go into a marriage planning to divorce, but it is sometimes their only option. Though making this decision is emotional, you can prepare yourself for the road ahead by carrying out the 7 steps on this list.

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