Tyler Legal Issues Blog

Throughout Texas and the rest of the U.S., more and more spouses over age 50 are choosing to separate. These gray divorces account for approximately 25 percent of legal splits. However, getting a gray divorce after experiencing a lengthy marriage presents challenges to both spouses. Lengthy marriages often involve greater difficulties when attempting to determine who owns various assets. Some couples spend years battling their convictions in court.

Older couples going through divorce should take steps to ease potential financial issues. Besides causing a strain on the emotions, the end of marriage can involve a complicated property division process. For example, Social Security benefits may pose problems for older spouses. These funds can be vital for older people going into their retirement years. Similarly, an older couple should also take special actions when dividing their IRA investments. All assets gained during marriage are considered marital property that may be split evenly.

Foreclosure can be among the most difficult experiences a Texas homeowner can face. There are a number of complications that can be associated with a foreclosure as well as a number of state and federal laws that govern the process. Since the housing crisis of 2008, new laws have changed the ways that people can defend against foreclosure attempts. Homeowners facing extreme difficulties paying their mortgage may benefit from learning more about the process.

In some cases, homeowners may be particularly concerned as they are "underwater" on their real estate, meaning that they owe more on their mortgage than its current value. This is a particularly common circumstance after a real estate bubble has crashed. In some foreclosures, the process takes place in court, while in other cases, the text of the mortgage or deed itself allows the lender to sell off the property in order to pay off the balance of a mortgage that has entered default. Before this can take place, lenders have to meet certain timelines to notify the borrower and provide an opportunity to pay the overdue bills.

Texas parents who find that divorce is the best option are often faced with many questions regarding child support. In virtually all cases, one parent will end up being required to provide some amount of financial support for minor children. However, this typically depends on factors like the balance of custody, visitation rights, wages and the amount of financial means needed to provide for the best interests of the kids.

No matter the circumstances, the bottom line is that the parent responsible for payments must abide by the final decision of the court. Although it may seem like child support should be terminated due to things like visitation being limited, the court has the final say in support payment matters.

Couples in Texas planning to exchange vows can take comfort in knowing that fewer people are ending their marriages these days. Even so, having a better understanding of the common reasons for divorce may help some married couples avoid potential pitfalls that could doom their relationships. In order to rank divorce-related factors, researchers interviewed couples who parted ways several years after completing a prevention and relationship enhancement program before they were wed.

Roughly 13 percent of respondents questioned cited insufficient premarital education and religious differences as divorce factors. Commenting on premarital education, one former spouse observed that premarital counseling failed to discuss the various phases of marriage that occur over time. As for religion, research suggests that couples in interfaith marriages are generally not as happy as those that share the same faith. Nearly 20 percent of individuals polled believed their marital woes were related to lack of family support or serious health problems that strained their relationships.