According a recent article, the divorce rate among soldiers has increased in the last year as military marriages suffered continuing stress from two ongoing wars.
There were an estimated 10,200 failed marriages in the active duty Army and 3,077 among Marines, according to the Associated Press. The divorce rate was originally 3.3 percent, but has risen to 3.5 percent in the last year.
The information shows 3.7 percent of more than 84,000 married Marines divorced in fiscal year 2008, increased from 3.3 percent in 2007. Some veteran and family groups believe the Pentagon figures are too low because they do not take include those who divorced after leaving the service.
Repeated deployments have been blamed for stresses on military couples. Spouses at home left to care for their family without their spouse.
According to the article, women in the military usually experience higher rates of failed marriages than men. Army women divorced at a rate of 8.5 percent and for men it was only 2.9 percent.
Mental health surveys taken in Iraq, showed 15 percent of troops said they intended to divorce when they got home. And all the services have started programs to help couples make it through this difficult time.
The Army has a couples course, and a family course that helps couples with children to stay close and parent well. The Marines have offer workshops to teach couples to manage conflict, solve problems and communicate better.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
Author's Notes
Friday, February 25, 2011
Other States Initiating Alimony Spousal Support Reform
I recently found an article regarding alimony reform in Massachusetts that the changes that may come with it. In Massachusetts, the Alimony Reform Act of 2011 could drastically change the state’s alimony system. Judges would retain some discretion. The bill includes the following changes:
• Alimony would come to an end when the paying spouse reaches retirement age.
• For marriages five years or less, alimony would be no longer than half the number of months in the marriage; for marriages 10 years or less, alimony would be up to 60 percent of months in the marriage; for marriages 15 years or less, alimony would be up to 70 percent of months in the marriage; for marriages 20 years or less, alimony would be up to 80 percent of months in the marriage. And the court would have discretion to set alimony for an “indefinite length of time” for marriages more than 20 years.
• Alimony could be reduced or stopped if the spouse receiving alimony maintains a “common household” with another person for at least three months.
• “Reimbursement alimony” would be created for a periodic or one-time payment of support to an ex-spouse in marriages that lasted five years or less. The money would recompense one spouse for their “economic or noneconomic contribution to the financial resources” of the other spouse.
• If an ex-spouse remarries, the income of his or her partner could not be used to reassess alimony for the recipient spouse.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
• Alimony would come to an end when the paying spouse reaches retirement age.
• For marriages five years or less, alimony would be no longer than half the number of months in the marriage; for marriages 10 years or less, alimony would be up to 60 percent of months in the marriage; for marriages 15 years or less, alimony would be up to 70 percent of months in the marriage; for marriages 20 years or less, alimony would be up to 80 percent of months in the marriage. And the court would have discretion to set alimony for an “indefinite length of time” for marriages more than 20 years.
• Alimony could be reduced or stopped if the spouse receiving alimony maintains a “common household” with another person for at least three months.
• “Reimbursement alimony” would be created for a periodic or one-time payment of support to an ex-spouse in marriages that lasted five years or less. The money would recompense one spouse for their “economic or noneconomic contribution to the financial resources” of the other spouse.
• If an ex-spouse remarries, the income of his or her partner could not be used to reassess alimony for the recipient spouse.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
US Divorce Rates at Their Lowest
According an article online, the national per capita divorce rate has declined steadily and is now at its lowest level since 1970. The numbers like any statistic can be analyzed in a myriad of ways. Some experts say divorces are down mainly because more couples live together without marrying. Other researchers contend that divorce rates are falling largely among college-educated couples, but not among less- educated couples.
The article cites several other interesting facts. The number of couples who live together without marrying has grown since 1960 and the marriage rate has dropped almost 30 percent in the last 25 years. Another interesting fact is that people are waiting almost 5 years longer to get married than people did in 1970. Some experts see this as a negative change because when unmarried couples who lived together and had children split, it can be much harder on the children to deal with the instability.
Other experts believe that the change in the rate of divorce means people are trying to make their marriage work. Some states have publicly funded marriage education campaigns.
One researcher who compared marriages from the early 1970s to those of the early ’90s, found that the rate of breakups within 10 years of marriage dropped by one-third among college-educated women.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
The article cites several other interesting facts. The number of couples who live together without marrying has grown since 1960 and the marriage rate has dropped almost 30 percent in the last 25 years. Another interesting fact is that people are waiting almost 5 years longer to get married than people did in 1970. Some experts see this as a negative change because when unmarried couples who lived together and had children split, it can be much harder on the children to deal with the instability.
Other experts believe that the change in the rate of divorce means people are trying to make their marriage work. Some states have publicly funded marriage education campaigns.
One researcher who compared marriages from the early 1970s to those of the early ’90s, found that the rate of breakups within 10 years of marriage dropped by one-third among college-educated women.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
California Community Property Comparisons
Every state has a different set of divorce laws about distributing assets between the Petitioner and Respondent. I’ve found an article that briefly covers community property and equitable property.
California along with several other states is a community property state. In community property states, all income and debts accumulated during the marriage are considered community property. Community property is owned by both spouses. At the time of divorce, community property is divided equally between the parties and includes the portion of retirement accounts that accrued during marriage, and all property acquired during the marriage. Another type of property, separate property or premarital property and gifts to a spouse are considered to be separate property and stays with the spouse who received the gift if the couple divorce.
In non community property states, the court is empowered to divide the property up as it deems equitably. Divorce in the other states generally falls under equitable property, where all property is divided on equitable principles, such as length of the marriage, opportunity for future acquisition, earnings potential, etc. For equitable property states, the Court have the discretion to do what it decides is fair.
The interesting thing is that when comparing the divorce rates among equitably property and community property states. States with the lowest divorce rates seem to all be equitable distribution states. Why community property states have higher divorce rates, and why do equitable distribution states tend to have lower divorce rates? One reason given by the article is "transaction costs". If divorces are easy, then they become more frequent.
Community property laws and the no fault divorce was meant to make Californians not have to prove the reasons for the divorce or the fault of the marriage falling apart. Supposedy the article states, the higher the difficulty of getting out of a divorce may make people less likely to want to seek a divorce.
Some people choose to have a prenuptial agreement made, but the author of this article believes that this can put people on the path to divorce because it weakens the marriage from the very beginning.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
California along with several other states is a community property state. In community property states, all income and debts accumulated during the marriage are considered community property. Community property is owned by both spouses. At the time of divorce, community property is divided equally between the parties and includes the portion of retirement accounts that accrued during marriage, and all property acquired during the marriage. Another type of property, separate property or premarital property and gifts to a spouse are considered to be separate property and stays with the spouse who received the gift if the couple divorce.
In non community property states, the court is empowered to divide the property up as it deems equitably. Divorce in the other states generally falls under equitable property, where all property is divided on equitable principles, such as length of the marriage, opportunity for future acquisition, earnings potential, etc. For equitable property states, the Court have the discretion to do what it decides is fair.
The interesting thing is that when comparing the divorce rates among equitably property and community property states. States with the lowest divorce rates seem to all be equitable distribution states. Why community property states have higher divorce rates, and why do equitable distribution states tend to have lower divorce rates? One reason given by the article is "transaction costs". If divorces are easy, then they become more frequent.
Community property laws and the no fault divorce was meant to make Californians not have to prove the reasons for the divorce or the fault of the marriage falling apart. Supposedy the article states, the higher the difficulty of getting out of a divorce may make people less likely to want to seek a divorce.
Some people choose to have a prenuptial agreement made, but the author of this article believes that this can put people on the path to divorce because it weakens the marriage from the very beginning.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
Wednesday, February 16, 2011
Tips for Making the Big Decision Whether to Go For a Divorce
I found an article with a guide on how to tell your spouse that you want a divorce. The article cites to tips that are helpful in getting over the guilt about wanting to stay together for the sake of the children, or over guilt about not wanting to give up. These are the main points that the article points out to remember when talking to your spouse for the first time about wanting a divorce:
1. Choose a time when you and your spouse will not be interrupted, make sure your children are somewhere else. Let your spouse know you have something difficult you want to tell them.
2. Be prepared for a long talk. If you’re spouse is not ready for the divorce, they may try to talk you out of it or become angry. This is normal.
3. If your spouse becomes angry and begins to name deficiencies to the relationship that they believe are caused by you, you may be tempted to respond back in the same manner. This will only cause the situation to become messy. Listen to what your spouse has to say. The article also says it may be helpful to summarize your understanding of your spouse’s feelings so they feel understood.
4. You must acknowledge that the two of you contributed to the end of the marriage. There is no point in trying to figure out who is to blame. Attempting to find or locate blame will never help the situation.
5. If your spouse tries to draw you into a discussion regarding fault you should refuse to have that discussion. You can repeat that you will not change your mind. Remind your spouse that it is not helpful to engage in a discussion about fault. You should agree that you are willing to talk about how to organize the divorce.
6. Your spouse may be anxious- reassure them that you will be fair and that you are want the two of to work out a reasonable agreement. But tonight is not the time to do it. Reiterate what you have already said and end the discussion. Don't continue to talk at length in one evening and resolve everything. That is not practical.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
1. Choose a time when you and your spouse will not be interrupted, make sure your children are somewhere else. Let your spouse know you have something difficult you want to tell them.
2. Be prepared for a long talk. If you’re spouse is not ready for the divorce, they may try to talk you out of it or become angry. This is normal.
3. If your spouse becomes angry and begins to name deficiencies to the relationship that they believe are caused by you, you may be tempted to respond back in the same manner. This will only cause the situation to become messy. Listen to what your spouse has to say. The article also says it may be helpful to summarize your understanding of your spouse’s feelings so they feel understood.
4. You must acknowledge that the two of you contributed to the end of the marriage. There is no point in trying to figure out who is to blame. Attempting to find or locate blame will never help the situation.
5. If your spouse tries to draw you into a discussion regarding fault you should refuse to have that discussion. You can repeat that you will not change your mind. Remind your spouse that it is not helpful to engage in a discussion about fault. You should agree that you are willing to talk about how to organize the divorce.
6. Your spouse may be anxious- reassure them that you will be fair and that you are want the two of to work out a reasonable agreement. But tonight is not the time to do it. Reiterate what you have already said and end the discussion. Don't continue to talk at length in one evening and resolve everything. That is not practical.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
Tax Issues and Divorce, Alimony and Child Support
It’s tax season again and I thought it would be interesting to do a little blog on an article that touches on taxes and divorce.
Alimony is support specifically made to a spouse so that they are supported with food, clothing and shelter. Child support is exactly the same, in regards to the support of the child for food, clothing, and shelter.
During or after a divorce, the divorcing party has to determine how their payments will be calculated by the IRS.
According to the article, Child support is not taxable to the spouse who received the payment, and it is not tax deductible by the spouse who makes the payment. Taxes are already taken into consideration in ability to pay the support when the child support calculations are made.
The article states that, Alimony is the amount paid to a spouse for their living expenses, education, health or life insurance, property taxes, etc. It does not provide child support. The person receiving alimony will need to pay taxes on the alimony in the year it is received. The spouse that pays alimony may deduct the amount in the year it is paid, as long as the alimony meets the following conditions:
The article states that, the alimony can be deducted so long as certain criteria are met.
• The payment is made in a cash form, which includes checks, bank deposits, etc. Payments in the form of such things as bonds, stocks, money market shares, or actual objects are not considered alimony for tax purposes.
• The payment is made as the result of a legal separation agreement or divorce decree.
• The spouses do not live in the same household at the time the payment is made.
• The divorce decree does not designate the payment as nontaxable to either party.
• There can be no liability for payments after the death of the receiving spouse.
The author states that the confusion can occur when the payment is specified as one thing, but has characteristics of another. This can lead to confusion on whether the payment is deductible. This would require the help of a qualified account to help you determine whether you may deduct a payment.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
Alimony is support specifically made to a spouse so that they are supported with food, clothing and shelter. Child support is exactly the same, in regards to the support of the child for food, clothing, and shelter.
During or after a divorce, the divorcing party has to determine how their payments will be calculated by the IRS.
According to the article, Child support is not taxable to the spouse who received the payment, and it is not tax deductible by the spouse who makes the payment. Taxes are already taken into consideration in ability to pay the support when the child support calculations are made.
The article states that, Alimony is the amount paid to a spouse for their living expenses, education, health or life insurance, property taxes, etc. It does not provide child support. The person receiving alimony will need to pay taxes on the alimony in the year it is received. The spouse that pays alimony may deduct the amount in the year it is paid, as long as the alimony meets the following conditions:
The article states that, the alimony can be deducted so long as certain criteria are met.
• The payment is made in a cash form, which includes checks, bank deposits, etc. Payments in the form of such things as bonds, stocks, money market shares, or actual objects are not considered alimony for tax purposes.
• The payment is made as the result of a legal separation agreement or divorce decree.
• The spouses do not live in the same household at the time the payment is made.
• The divorce decree does not designate the payment as nontaxable to either party.
• There can be no liability for payments after the death of the receiving spouse.
The author states that the confusion can occur when the payment is specified as one thing, but has characteristics of another. This can lead to confusion on whether the payment is deductible. This would require the help of a qualified account to help you determine whether you may deduct a payment.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.
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