Divorce and Taxation

Posted on April 22, 2012 by glmain

If you are involved in or considering a divorce, there are certain steps you want to take to minimize the tax consequences of the divorce. The most important of these include:

• Filing status on your final joint tax return
• Dependency exemptions

Filing Status on Your Final Joint Tax Return

If you initiate and finalize your divorce in a single year, you will not have an issue, as your filing status is determined as of December 31 of the tax year. If you are in the middle of a divorce on December 31, you may be faced with a choice of filing a joint return or submitting a return claiming married filing separately. If you have not lived together for at least six months as of December 31, you may qualify as head of household for filing purposes.

If you choose to file jointly, you will want to enter into a written agreement regarding how to share any savings that come from the joint filing. You want to be careful, though, about agreeing to file a joint return. If you file a joint return, you will generally be equally liable for any amounts owed. You cannot subsequently change your status from married filing jointly to any other status. However, if you initially file a separate return, you can subsequently change your status and file an amended return as married filing jointly. As a result, you may be liable for taxes on any income that your spouse has hidden from revenue authorities. The IRS offers what is known as “innocent spouse relief,” which can limit your liability.

Allocating Exemptions

Pursuant to the provisions of the Internal Revenue Code, a custodial parent has a right to claim exemptions for all children in their care, unless they sign the IRS release form. To claim the exemption, the non-custodial parent must attach a copy of the release to their return. This is true even if you have a court order granting the non-custodial parent the right to the exemption.

Contact the Law Offices of Pfister Borserine & Associates

At Pfister Borserine & Associates, we bring two decades of experience to people throughout north Texas. Attorney John Pfister is board-certified in family law by the Texas Board of Legal Specialization. We have the experience to know that every case is unique, and that the strategy that works for one client may not meet the needs of others. We can help you protect your rights in court, or can work with you to resolve your family law differences through alternative means, including negotiated settlements or mediation.

To schedule an appointment with an experienced divorce lawyer, contact our office online or call us at 972-712-6700.

Bookmark and Share
Posted in Divorce, Family Law, Frisco Law Firm | Tagged , , , , , , , , , , , , , , , , , , , , , | Leave a comment

What Are the Basic Grounds for Divorce in Texas?

Posted on April 5, 2012 by glmain

Is your marriage beyond repair? Have you decided that it’s time to stop the constant bickering, get a divorce and move forward with your life? Do you have to have a specific reason for seeking a divorce? Do you have to show that your spouse cheated on you, physically abused you, or abandoned you?

Under Texas law, when you file for divorce, you must declare the basis for the divorce. Even after the institution of no - fault divorce in Texas, the party seeking divorce must offer the court a reason to terminate the marriage. This blog post addresses both the no - fault and fault - based grounds for seeking divorce in Texas.

No - Fault Divorce in Texas

With the advent of no - fault divorce in Texas, you can file a petition for divorce without designating a specific cause, simply arguing what the law calls “insupportability.” This means that the marriage can no longer be sustained or supported because conflict, disagreement or discord has irrevocably destroyed the purpose of the marriage. Essentially, you admit that you no longer have any common ground on which to base a relationship, and there is no realistic hope or expectation that the situation will change.

Fault - Based Divorce in Texas

Though not necessary anymore, you can still state specific grounds for ending your marriage, including:

• Adultery by your spouse—An extra-marital affair by your spouse is legitimate grounds for divorce.
• Living separate and apart—If your spouse is no longer living with you and has no intention to return, you may obtain a divorce, once you have been apart at least three years.
• Abandonment—If your spouse has disappeared and been gone for a year, you may seek divorce based on abandonment.
• Mental cruelty—You must be able to show that your spouse has engaged in such cruel treatment that you can no longer live together.
• Conviction of a felony—A party can seek divorce on grounds if their spouse has been convicted and imprisoned on a felony charge, except when the conviction was obtained because of the testimony of the spouse.
• Confinement in a mental facility—If your spouse has been committed to a mental hospital for at least three years, with no prognosis of improvement, you can seek a divorce.

Contact the Law Offices of Pfister Borserine & Associates

At Pfister Borserine & Associates, we bring two decades of experience to people throughout north Texas. Attorney John Pfister is board-certified in family law by the Texas Board of Legal Specialization. We have the experience to know that every case is unique, and that the strategy that works for one client may not meet the needs of others. We can help you protect your rights in court, or can work with you to resolve your family law differences through alternative means, including negotiated settlements or mediation.

To schedule an appointment with an experienced divorce lawyer, contact our office online or call us at 972-712-6700.

Bookmark and Share
Posted in Divorce, Family Law, Frisco Law Firm | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Divorce in Texas – Alternatives to Litigation

Posted on March 20, 2012 by glmain

Whether your marriage is in trouble and you are considering divorce, or your divorce is final, disputes can still arise. You can always take your differences to court, but the legal process can be time-consuming and expensive. In addition, the adversarial nature of litigation can make it difficult to maintain the type of relationship that is most beneficial to your minor children. Fortunately, there are alternative means of dispute resolution that allow you to find mutually beneficial ways to resolve your differences, ways that minimize your costs and help you foster a positive relationship. This blog post highlights two of those approaches: divorce mediation and the collaborative approach to divorce.

Divorce or Family Law Mediation

In the divorce mediation process, both parties work with a neutral third party, known as the mediator. The mediator does not take any side in the process, but focuses exclusively on helping the parties come up with mutually acceptable solutions. The mediator does not make any rulings regarding whose case has more merit and, as a result, does not consider legal arguments, take testimony from witnesses, or consider any physical evidence or testimony. Instead, the mediator helps the parties see the potential consequences of failing to resolve their differences, and encourages them to seek “win-win” outcomes.

The benefits of mediation are many. First, because mediators work outside of the courts, you don’t have to go through lengthy discovery or wait to get on the court’s docket. Mediation can often be scheduled within a month or two. The process itself can also be completed in a fairly short period of time, frequently through a single meeting. In most instances, the cost of the mediator is shared by the parties, so mediation can be cost-effective. Because you can reject any proposal from the other party, and can make any suggestion that might bring about a resolution, you have far more control of the outcome than you do in a courtroom proceeding, where you will either win or lose, and may not know the reason why. Most importantly, though, because mediation tends not to be adversarial, you can often resolve your differences and maintain your relationship.

The Collaborative Approach to Divorce

A new approach to divorce has evolved over the last decade, known as the “collaborative approach.” In the collaborative approach, both parties are represented by counsel, but agree in advance to settle all their differences cooperatively, without the intervention of the court. Together with their attorneys, the parties seek mutually beneficial solutions. They may bring in experts, such as financial planners or mental health counselors, to address such issues as support and custody. If they reach agreement on all issues, they sign an agreement that is enforceable in court. If they cannot agree to all issues and must return to court, they must hire new counsel to represent them in any subsequent proceedings.

Contact the Law Offices of Pfister Borserine & Associates

At Pfister Borserine & Associates, we bring two decades of experience to people throughout north Texas. Attorney John Pfister is board-certified in family law by the Texas Board of Legal Specialization. We have the experience to know that every case is unique, and that the strategy that works for one client may not meet the needs of others. We can help you protect your rights in court, or can work with you to resolve your family law differences through alternative means, including negotiated settlements or mediation.

To schedule an appointment with an experienced divorce lawyer, contact our office online or call us at 972-712-6700.

Bookmark and Share
Posted in Divorce, Family Law, Frisco Law Firm | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Separation and the Divorce Process in Texas

Posted on March 7, 2012 by glmain

In some states, you may seek legal separation without filing for divorce. There may be good reasons to do so, including access to health and other insurance benefits. The state of Texas has no provision for legal separation. You may believe that, under the community property laws of Texas, if you live separately from your spouse, that any property you acquire falls outside of the marital estate. This is not how the law in Texas has been construed. If you remain married, even though you live apart, all property obtained is community property, unless you obtain a temporary order from the court.

In Texas, before you enter into a divorce proceeding, you may execute a written agreement with your ex-spouse regarding all matters related to a potential divorce. This is commonly referred to as a Marital Separation and Property Settlement Agreement. This agreement can address any divorce concern, including:

• Custody and visitation rights
• Child support obligations
• Disposition of marital property, including the use of the marital residence during the pendency of the divorce
• Tax concerns
• Alimony or spousal support
• Allocation of marital debt

Because a Marital Separation and Property Settlement Agreement is a legally binding contract, you do not need to file the document with the court for it to be effective. The use of such an agreement can significantly simplify your divorce proceedings, as it will demonstrate to the court that you are involved in an uncontested divorce.

Be aware, though, that even if the parties have willingly entered into a Marital Separation and Property Settlement Agreement, if you seek to use the agreement as the basis for an uncontested divorce proceeding, the court will have to review and approve the terms of your agreement. When doing so, the court will generally consider whether the terms are fair to both parties, and whether it appears that one party signed under duress or coercion.

Contact the Law Offices of Pfister Borserine & Associates

At Pfister Borserine & Associates, we bring two decades of experience to people throughout north Texas. Attorney John Pfister is board-certified in family law by the Texas Board of Legal Specialization. We have the experience to know that every case is unique, and that the strategy that works for one client may not meet the needs of others. We can help you protect your rights in court, or can work with you to resolve your family law differences through alternative means, including negotiated settlements or mediation.

To schedule an appointment with an experienced divorce lawyer, contact our office online or call us at 972-712-6700.

Bookmark and Share
Posted in Divorce, Family Law, Frisco Law Firm | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

The State of Same – Sex Marriage in Texas

Posted on February 23, 2012 by glmain

The state of Texas has consistently taken steps to outlaw same - sex or gay marriage.

Under Title 1 of the Texas Family Code, Chapter 2 provides that a marriage license may be issued to a ”man and a woman.” Section 2.001 (b) specifically states that “[A] license may not be issued for the marriage of persons of the same sex. Section 6.204 specifically addresses the recognition of a same - sex or union. This section defines a civil union as any relationship other than marriage, then goes on to prohibit a civil union, as well as same - sex marriage.

Even though marriage was defined by statute prior to 2005 to consist of the union of one man and one woman, a referendum made its way onto the ballot (Texas Proposition 2) that year, which passed overwhelmingly. Proposition 2 created an amendment to the Texas Constitution that limits marriage to opposite sex relationships. The stated purpose of the constitutional amendment was to ward off any efforts by judges to find statutes banning same-sex marriage unconstitutional.

Individuals who are legally joined together in a same - sex marriage in another state may also encounter difficulties if they move to Texas and then want to file for divorce. Texas state officials have challenged any attempts by judges to grant a divorce to parties in a legal same - sex marriage, contending that protecting the traditional definition of marriage also means protecting the traditional definition of divorce. Texas, like many other states that do not sanction same - sex marriages within their borders, also does not recognize the legitimacy of a same - sex marriage obtained in another state.

In an amendment to the Texas Family Code in 2009, a provision was added allowing individuals who had undergone court-recognized sex or name changes to obtain a marriage license. In response, some transgender individuals met the requirements of the statute and obtained marriage licenses. However, in a ruling in May, 2011, a Texas judge nullified the marriage between a firefighter and his transgender wife, contending that gender is “fixed at birth by the Creator,” thereby making an attempted marriage between two people who were the same gender at birth a violation of Texas law.

Contact the Law Offices of Pfister Borserine & Associates

At Pfister Borserine & Associates, we bring two decades of experience to people throughout north Texas. Attorney John Pfister is board-certified in family law by the Texas Board of Legal Specialization. We have the experience to know that every case is unique, and that the strategy that works for one client may not meet the needs of others. We can help you protect your rights in court, or can work with you to resolve your family law differences through alternative means, including negotiated settlements or mediation.

To schedule an appointment with an experienced divorce lawyer, contact our office online or call us at 972-712-6700.

Bookmark and Share
Posted in Family Law, Frisco Law Firm, Uncategorized | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Divorce and Remarriage in Texas

Posted on February 1, 2012 by glmain

Are you considering getting remarried in Texas? Have you heard that there are restrictions about how soon you can remarry? This blog post outlines the Texas laws governing remarriage after a divorce.

The laws governing remarriage in Texas have remained unchanged for decades. Before January 1, 1970 (back before Texas allowed no-fault divorce), if your divorce was granted on the grounds of cruel treatment, neither party could remarry for at least 12 months. Effective January 1, 1970, anyone obtaining a divorce in Texas must wait at least six months before getting married again. A party to a divorce could get the 6 month period waived for good cause. The parties to the divorce could remarry each other at any time.

Effective January 1, 1974, the Texas legislature reduced the waiting period to 30 days. This follows the Texas rule that a divorce may be reopened within 30 days of the final order by either party. If you do get married before the 30 day period has expired, your marriage is voidable, which means that your ex-spouse can challenge its validity. Divorcing spouses may still remarry each other at any time.

There are circumstances where you can request a waiver of the 30 day waiting period. Under Section 6.802 of the Texas code, the court may waive the prohibition against remarriage for good cause shown. This may include circumstances where one of the parties is seriously ill, or one of the parties is scheduled to take a permanent duty reassignment in another part of the country or the world.

Contact the Law Offices of Pfister Borserine & Associates

At Pfister Borserine & Associates, we bring two decades of experience to people throughout north Texas. Attorney John Pfister is board-certified in family law by the Texas Board of Legal Specialization. We have the experience to know that every case is unique, and that the strategy that works for one client may not meet the needs of others. We can help you protect your rights in court, or can work with you to resolve your family law differences through alternative means, including negotiated settlements or mediation.

To schedule an appointment with an experienced divorce lawyer, contact our office online or call us at 972-712-6700.

Bookmark and Share
Posted in Divorce, Family Law | Tagged , , , , , , , , , , , , , , , , , , | Leave a comment

Frisco, Texas Child Custody Lawyer

Posted on December 30, 2011 by glmain

Child Custody Lawyer

In awarding child custody, the court will act in what it believes is the best interest of a child. As such, the court will not automatically award custody to the mother who whomever earns more money. In fact, due to the 1976 case, Holley v. Adams, there are several factors the court now takes into consideration when determining child custody. Typically, these factors include the following:

  • Which parent the child prefers to stay with
  • To what extent each parent is involved in a child's life
  • The emotional needs and condition of a child
  • Whether a parent poses a threat to a child or has a criminal record
  • Which parent functioned as the primary caregiver for a child
  • What plans a parent has for a child's future
  • Whether a parent has withheld certain information from the court or has attempted to conceal a problem with their relationship with their child
  • Whether one parent has attempted to turn a child against the other parent
  • The involvement of a parent in a child's education
  • The overall quality of a household and a parent's fitness to raise a child

Collaborative Divorce and Child Custody – Avoiding Bitter Arguments

In many ways, the family law courts in Texas operate under a presumption that it is in the best interest of a child to have his or her parents involved in their life. As such, parents are encouraged to create a custody or visitation arrangement link to www.custodyxchange.com/texas/visitation-schedule.php that is in everyone's best interests. Towards this end, if you and your spouse are willing to work together, the collaborative law process allows you to arrive at mutually agreeable terms for determining child custody and parenting time arrangements.

If you live in relative proximity to each other, joint custody may be the best arrangement for you. If you live 100 miles apart or more, you can divide holidays, summer vacation time, and extended weekend stays according to a visitation link to www.friscolawfirm.com/visitation-rights.php schedule that you and your ex-spouse find agreeable. While subject to final approval by the court, collaborative law puts you in charge of your child custody agreement rather than leaving the matter up to a judge.

Child Custody and Child Support

It's important to remember that child custody can affect the amount of child support the court orders a non-custodial parent to pay. In joint custody arrangements, typically, child support will be less than in cases where sole custody is awarded to only one parent. Of course, there are several factors the court will taken into consideration when determining child support and child custody. For these reasons, it’s important to discuss your case with an experienced child custody attorney.

To schedule an appointment and learn how we can help you, contact Frisco, Texas child custody lawyers at Pfister Borserine & Associates today.

Bookmark and Share
Posted in Child Custody, Childrens Issues, Frisco Law Firm | Tagged , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Dealing with Child Protective Services (CPS) in Texas

Posted on December 19, 2011 by glmain

Child

The Child Protective Services (CPS) division of the Texas Department of Family and Protective Services (DFPS) investigates allegations of child abuse and neglect. However, some CPS workers engage in intimidation, deception, and harassment in order to gain information and bully families they believe are uncooperative or question their authority. As a result, CPS has a reputation for “snatching” kids and targeting families in order to settle scores that have more to do with flexing CPS institutional muscle than with protecting children.
What, then, should you do if you are approached by CPS agents?

When a CPS Worker asks to Enter Your Home

If CPS workers show up on your doorstep, remain calm and don’t act upset or hostile towards them. If they ask to enter your home, politely decline: they have no right to enter your house unless they are accompanied by a police officer with a signed search warrant. If a CPS worker is working on an anonymous tip that your house is dirty or unsafe, he or she doesn’t have any evidence and won’t be able to get a court order to enter your house. If he or she has some sort of tangible evidence, a court order may granted that then allows them inside your home.

Document the Actions of CPS Agents

If a CPS worker has a court order to enter your home, try and videotape everything link to www.fdno.org/10_tips.html they do and say. At the very least, try to record what is said. Under Texas state law (Texas Penal Code § 16.02), consent is not required when recording a conversation link to www.rcfp.org/taping/states/texas.html, so long as you are party to the conversation and do not intend to use it for criminal purposes. Secondly, try to write everything down that is said – even if you have to ask the CPS worker to pause in order to give you time to record what has been said to you. Third, after each encounter with CPS workers, send them a notarized copy of your transcript and ask them to confirm or deny what is contained therein within 10 working days of receipt. If they fail to do so, your letters can be entered in as evidence should your case go to trial.

Most importantly, don’t say anything to CPS workers. If they ask you questions, simply tell them you prefer to go through your attorney. If you do not have one, tell them you will need to contact an attorney and prefer not to say anything until one is present.

CPS and the Service Plan Racket

Funding for CPS is intricately tied in to various “counseling and social health services.” These involve drug testing, drug and alcohol counseling, psychological evaluations, mental health services, and so on. Here, a CPS worker may tell you if you agree to a psychological evaluation, in-home study, or drug test to prove your innocence, your children won’t be removed from your home.

Don’t believe this non-sense for a second. In many cases, this is simply a ruse to get you entangled “in the system” so they can further complicate your life, collect more information on you, and leverage institutional power against you. To protect yourself and your children, don’t sign or agree to anything – call an experienced family law attorney and make CPS prove its case in court.

Contact Frisco, Texas CPS Attorneys at Pfister Borserine & Associates

As a parent and US citizen, you have certain rights. Don’t trust CPS workers to inform you of your rights or disclose all relevant information. To protect you and your children, contact Frisco, Texas CPS lawyers Contact Us at Pfister Borserine & Associates today.

Bookmark and Share
Posted in CPS, Childrens Issues, Domestic Violence | Tagged , , , , , | Leave a comment

Fathers and Divorce in Texas

Posted on December 12, 2011 by glmain

Fathers' Rights in Texas

In a divorce, fathers are often given short shrift and do not realize that they have custody rights. Despite the trend in recent years of granting joint custody to parents, the family courts often display more sympathy towards the mother. And fathers bear the financial responsibilities of spousal support, child support and other related expenses while having limited time with their children. Non-custodial fathers have little control and influence over their children’s day to day life and are at the mercy of the court-determined visitation schedule just to see their children. This model of child custody has given birth to a father’s rights movement which seeks to provide fathers with a larger and more active role in their children’s life.

The best interests of your children

The family courts award child custody based upon the best interests of your children. Sole or joint custody for fathers is awarded when a judge determines that such a custody arrangement is most beneficial to the children involved. The family courts consider several factors to determine custody awards including:

  • The child’s wishes
  • Any history of abuse or neglect
  • Parenting history
  • Household stability
  • Each parent’s time availability for raising a child
  • Personal behaviors of each parent

Joint custody can often be the best solution in a difficult situation. A joint custody arrangement allows the parents to share rights and responsibilities in raising their children. Under joint custody a parenting plan details which parent makes the major decisions affecting the child, which parent the child lives with, and other legal and physical custody issues.

The law is finally catching up with the fact that a father has the right to be involved in his child’s life. To protect your rights as a father contact Pfister, Borserine & Associates online or call 972-712-6700 and schedule a consultation to discuss your child custody case.

Bookmark and Share
Posted in Divorce | Tagged | Leave a comment

Infidelity and divorce-how it effects your case

Posted on December 11, 2011 by glmain

Infadelity and Divorce

Like most states, Texas provides for no-fault divorce on the ground of incompatibility and/or irreconcilable differences. However, Texas divorce law also provides for fault-based grounds:

  • Mental cruelty
  • Adultery
  • Imprisonment or conviction of a felony
  • Abandonment
  • Living separate and apart
  • Insanity and confinement to a state mental hospital

    • While infidelity (adultery) is not a crime for which an individual can be imprisoned, it is a cause and basis for divorce in Texas. Infidelity often has devastating effects upon the innocent spouse and can inspire a need to inflict pain and revenge upon the offending spouse in a divorce proceeding. However, each judge in a divorce case does not attach the same significance that infidelity has upon the outcome of a divorce. One judge may see infidelity as a natural consequence of an unhappy couple, another judge may consider it a sign of moral turpitude, and another judge may consider it as one aspect of the facts of the case and weigh its impact relative to other factors.

    If your divorce involves contentious child custody issues and adultery is a factor, the offending spouse is at risk. The risk increases if the cheating spouse has made the non-marital partner part of his or her children’s lives, especially if the children are aware that a sexual relationship exists between the parties. Such action could result in denied or limited child custody and/or visitation. Your best course of action in such a circumstance is to wait until your divorce is final before introducing the non-marital partner into your children’s lives.

    Contact our experienced Texas family law lawyers

    Divorce is never easy and often involves difficult issues and requires the skill of an experienced Texas divorce lawyer. Attorney John J. Pfister Jr. is a certified family law specialist by the Texas Board of Legal Specialization. Contact Pfister, Borserine & Associates online or call 972-712-6700 to schedule a consultation.

    Bookmark and Share
Posted in Divorce, Frisco Law Firm, Property Division, divorce mediation | Leave a comment