Springfield Divorce & Family Law Blog

If you are like many people in Missouri, you have probably heard references to how many marriages end in divorce. For some time now, many people have asserted that as many as one in every two couples who say, "I do" will eventually get divorced. However, this may not truly be what is happening today.

As reported by the Chicago Tribune, the reality of divorce in America may actually look different based on which generations you are factoring in. For people in their mid-60s and older, the rate of divorce had grown threefold between 1990 and 2015. Take one step down in age to those between 55 and 64 and the rate of divorce grew twofold in that same period of time. Jump back even further, however, and the story is quite different.

Among the most important elements to be considered during divorce proceedings in Springfield is ownership of the marital home. One might go into a divorce case thinking that retaining ownership is an issue they will not compromise on, yet a careful analysis should be made on the reasons for such a stance. Having a practical reason (e.g., remaining close to family and friends, not wanting to uproot the kids from the community) may be justifiable, yet if the main reason is due to a lingering sense of vindictiveness towards their ex-spouse, one might want reconsider their position. 

Why? Should one spouse insist on keeping the house, then that party will likely have to refinance it in order to take the ex-spouse's name off the mortgage. This amounts to essentially taking out a completely new mortgage, and as the personal finance site NerdWallet points out, that can be difficult following a divorce. The original mortgage was likely obtained based on a couple's combined income. Qualifying for a similar amount on only one income can be difficult. 

You might assume that those concerns over the issue of paternity are primarily something that potential fathers have to deal with. Yet as a mother, you should also be concerned that someone is legally recognized as your child's father. Even if you do not plan on maintaining a relationship with your child's actual father, it is important that he (or another) be deemed responsible for the welfare of your child along with you. While studies show that children who have the involvement of two parents in their lives enjoy certain social benefits compared to those who do, there are other reasons why establishing the paternity of your child is important. 

Raising a child on your own can be difficult, especially if you have only your income to rely on. If another has been legally designated as your child's father, he can then also be held responsible for supporting your child. One does not have to be your child's biological father to be assigned paternity, either. If your spouse has claimed paternity of your child despite not being their biological father, then they can still be made to pay child support for them if you choose to divorce. 

People in Missouri who are starting 2019 facing an upcoming divorce will have no shortage of issues to contend with. Among these issues may well be how to navigate the new tax laws and the impact these laws are no doubt set to have on divorce settlements for countless couples.

As explained by CNBC, alimony payments have historically been treated as taxable earned income for the spouse who received the money. This has changed now and instead, it will be the spouse who makes alimony payments who is required to also pay income tax on the funds. This might seem like a benefit to the receiving spouse but, it may have a potential downside for that person.