Legal Guide

2021 Legal Guide Page

DIVORCE FACT The average marriage in the United States lasts 8.2 years. Couples in Italy more than double the United States marriage longevity with their marriages lasting on average over 18 years.

Details: DMK Editorial; Legal Guide; 23 April 2021; Hits: 737

Top things people consider when shopping for an attorney

Choosing an attorney to represent you in a divorce is a very important decision. It helps to know what people consider about an attorney before they hire someone to represent them. Based on a survey done by ILawyerMarketing.com "New Study: How People Hire Lawyers in 2017", the average legal consumer has many considerations. They range from experience and legal fees to pictures of the attorney and his/her social media activity. Check out the entire list from the survey below.

Details: DMK Editorial; Legal Guide; 08 May 2021; Hits: 585

Before you meet with a lawyer

For a divorce:

It's best not to meet with an attorney immediately following bad news, an argument or disagreement. It should be after you've taken some time to make sure the marriage can not be saved and a legal dissolution is eminent. It's important to realize that while you take the road to divorce as a response to your marriage's end, the road itself is usually going to make your life harder before it get's better.

Details: DMK Editorial; Legal Guide; 06 May 2021; Hits: 664

Interviewing a potential attorney

It's time to consult an attorney to get a broader legal view of your pending divorce. But, what should you know before you meet with your first attorney?

Details: DMK Editorial; Legal Guide; 06 May 2021; Hits: 609

What to expect once you hire your divorce attorney?

By now you have spoken with one or more attorneys regarding divorce. It's time to hire the attorney that you have determined is best to handle your case. Upon hiring your attorney you will likely do the following:

Details: DMK Editorial; Legal Guide; 13 May 2021; Hits: 574

Making a personal connection with your attorney is very helpful in order to reduce potential problems and personality conflicts throughout your divorce case. It's better for effective communication. It makes it easier to discuss your expectations for a potential outcome. An attorney with strong personal skills provides more efficient explanation and a clearer legal picture of your case based on state laws and individual circumstances.

Details: DMK Editorial; Legal Guide; 07 November 2019; Hits: 754

Step-by-Step Guide to Hiring a Divorce Attorney

What do people consider when hiring an attorney?

Before you meet with an attorney-

After you hire an attorney-

What to ask during the first consultation?

Why you should "like" your attorney?

Get Started Here

KNOT Fact

Most people find their attorney's on-line

Based on a professional survey of 1000 American consumers on the methods of searching for legal representation, the internet was the primary source to research and hire attorneys.

Accessed 3/2019 from 4/17/2014 FindLaw Survey, www.thomsonreuters.com

Don't leave spouse without this!

Attorney Written-Divorce Guide

Empowering Low- and Moderate Income Women navigate the complicated, legal journey of divorce.

Organize family & divorce documents

Develop a Fair Parenting Agreement

Top Divorce Books

Learn the different types of divorce

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Divorce and Tax Tips

1. According to the congressional revenue act (Tax Cuts and Jobs Act of 2017) signed into law by former President Donald Trump, you may no longer deduct alimony payments as established in divorce or separation agreements, executed or modified after Dec 31, 2018. Consequently, recipients of alimony established in these agreements will not need to report alimony as taxable income.

2. If your spouse is uncooperative in regard to filing your current tax return, in most cases, you should file separately despite a pending divorce.

3. You can amend two separate returns later, but you can not amend the joint return to two single returns.

4. To file jointly you must be married up to and including the last day of the year even when living apart. The last day of the tax year is December 31.

5. You can file under the single filing status if you are legally separated, single or your marriage has been annulled by December 31 and be eligible for head of household status

6. Signing a joint tax return holds you and your spouse jointly and severally liable for any taxes due on that return. This includes tax not correctly reported and found later by way of audit and/or assessment.

7. If you receive a tax refund on a joint return, the money could be considered marital property and be divided according to the division of property.

8. Your children must live with you at least half the year in order for you to claim head of household status on your tax return.

9. Only one parent is allowed to claim the child tax credit. IRS tax rules determine which parent will be the one qualified to do so, but often it is the one with the majority physical custody. In some cases, you and your spouse can negotiate to share the credit by alternating years or by selecting different credits for each dependent.

10. If you are married and in the process of divorcing, you can file under married filing separately or married filing jointly. You may not file as single.

11. Legal fees from a divorce are usually not deductible. However, you may deduct legal fees that were paid to establish or collect alimony.

12. If you change your name when divorcing, remember to contact the Social Security Administration and get a corrected card. Otherwise, your next tax return will probably be rejected and, if applicable, your tax return delayed if your name on your tax forms isn't the same as the name on your social security card.

13. According to the IRS, if you have a capital gain from the sale of your primary residence, you may qualify for a deduction of $250,000 if your filing status is single or up to $500,000 if you file a joint return with your spouse. More information can be found in Topic No. 701 Sale of Your Home on www.irs.gov.

Legal Process Facts

1. Debts incurred during a marriage are usually considered marital debts.

2. Responsibility for marital debts is allocated according to the property division laws of the state.

3. If you earn a higher income and/or have lower living expenses the court may consider you to assume a higher portion of the marital debt.

4. Interrogatories are written questions the spouse must answer in writing, under oath.

5. Depositions are when a spouse or party must answer questions under oath before a court reporter.

6. Many times depositions are requested when there are suspected hidden assets.

7. When one spouse’s legal team requests the other spouse to produce documents like bank statements, tax returns, financial documents or otherwise it is known as a request or notice for the production of documents.

8. Subpoena orders a witness to appear before a court or at a deposition.

9. Requests for inspection is when a spouse is in possession of some asset or financial documentation relevant to the settlement and the other spouse has reason to review or otherwise inspect or have access to them.

10. Hiding assets can have criminal and civil consequences.

11. It is very expensive and complicated to appeal your Final Judgement of Divorce (Divorce Decree). There usually must be compelling circumstances specific to legal error, abuse of discretion and/or fraud. Most have a low chance of success. There are often time limits to file an appeal.

12. Formal Modifications to your Judgement of Divorce (Divorce Decree) may be made and are generally straight forward when both spouses agree. A Petition to Modify must still be filed and the modification must be granted by a judge. If both spouses do not agree, then the spouse seeking the modification would need to demonstrate to the court a convincing and on-going change of circumstances (e.g. loss of job, job transfer, medical event) as a reason to seek the modification. If you and your spouse agreed to a Settlement Agreement, the court will usually expect a reasonable amount of time to have passed in order for there to have been significant changes to induce the Petition to Modify.