Questions To Ask During A Divorce

Considering whether you should end your marriage is one of the most important and difficult decisions you will ever encounter. At McNamara Law Office, we know from experience that it is important to approach the question from a rational perspective rather than solely an emotional one. In many ways, it is a business decision that requires you the evaluate many issues. Once you review this list of questions to ask during a divorce, you may rethink the direction you are headed, or you will be better prepared to move forward while working with McNamara Law Office.

Children

  • Who will the children live with?
  • If they live with your spouse, how often will you be able to visit them?
  • How will you and your ex-spouse make decisions about the children, such as their health and education?
  • Who pays for the children’s living expenses? Their education? Travel?
  • How is the amount of child support to be paid by one party to the other parent determined?
  • What if your ex-spouse remarries and the stepparent wants to adopt your children?

Maintenance

  • What about spousal maintenance? Will you receive it or need to pay it? How much and for how long? Why will it be required?
  • Will either of the other parties’ support or the support of their children increase or decrease in the future due to the changed financial circumstances of either of the parties, economic conditions or other factors?
  • Who will be entitled to claim the children as exemptions for income tax purposes?

Your Home And Property

  • Who will live in the marital home during the divorce process?
  • How is the home currently owned? How did you acquire it?
  • What are your assets? How did you acquire them? When?
  • Will one of the spouses keep the marital home or will it be sold? How will the proceeds be divided?
  • If someone keeps the home, will one of the parties deed their interest in it to the other?
  • If you decide to sell the home, will both spouses be involved in the sale and closing? Who decides the selling price or if a broker will be used?
  • Who will be responsible for major repairs and the costs of preparing the home for sale?
  • Who will be entitles to deduct the mortgage interest charges and real estate taxes for income tax purposes?
  • Who will be responsible for any income (capital gains) taxes which may be imposed as a result of the same of the home?

Insurance

  • Should you keep life insurance for the benefit of your children?
  • Who will be the beneficiary of such insurance?
  • Will either party be obligated to provide medical or other insurance for the benefit of the other and if so, for how long?
  • Will either party be obligated to provide medical or other insurance for the benefit of the children and if so, for how long?
  • Who will be responsible to pay for any medical, dental, drug or hospital expenses of the children that are not reimbursed by any policies of insurance that either of the parties may have?

Income Taxes

  • Who will be entitles to receive any refund that may be due on any past joint income tax returns filed by the parties?
  • If there is a deficiency on any past joint income tax returns, who will be responsible for it?
  • If you file joint income tax returns for the present year who will be responsible to pay any taxes due and who will be entitled to receive any amount refunded?

 

This list is not exhaustive, but it does give you an idea about the issues that should be considered before making a decision to pursue a divorce. It is always in your best interest to consult with an experienced Texas attorney to make sure you understand all the relevant issues and their legal impact on you. It’s in your best interest to think rationally and strategically about this enormous emotional issue in your life.

DISCLAIMER: This site and any information contained herein is intended for informational purposes only and should not be construes as legal advice. Seek competent legal counsel for advice on any legal matter.

Geographical Areas Served:

Kingwood, Huffman, Lake Houston, Atascocita, Humble, Oakhurst, Walden, Walden Woods, Walden on Lake Houston, East FM 1960, The Woodlands, Fall Creek, Eagle Springs, Lakeshore, Silverlake, Redstone, Summerwood, Eagle Lake, West Lake Houston Parkway, The Heights, Greater Heights, Houston Heights, Downtown Houston, Memorial, Allen Parkway, Montrose, Houston Neartown, Houston Midtown and East Montgomery County.

Google Reviews
McNamara Law Office, PLLC
4.8
Based on 36 reviews
powered by Google
Steve KokotasSteve Kokotas

02:01 06 Aug 24
High integrity, smart, and hard working. You want Brian McNamara on your side.

Macie SheppardMacie Sheppard

14:43 05 Aug 24
I cannot express enough how grateful I am for the incredible support and guidance I received from McNamara Law Office. They truly care about their clients and go above and beyond to achieve the best outcomes! Highly recommend!

Stephen SpeesStephen Spees

18:34 13 May 24
Brian, Amanda, and Renee provided excellent guidance and legal support when it was most needed. I highly recommend their timely and professional services.

Lele ShahimLele Shahim

17:37 09 May 24
I wanted to take a moment to express my gratitude for your exceptional work. Your dedication and efficiency have not gone unnoticed, and I truly appreciate your commitment to excellence. Thank you for consistently delivering quality results in such a timely manner!! Mr. McNamara finished my paperwork in 2 days and I appreciate all the support I got from everyone in the office!! Thank you All !!

Karen QuinnKaren Quinn

22:10 25 Apr 24
McNamara Law Office is exceptional andincredibly attentive and detail-oriented, making sure every aspect of my case was thoroughly addressed. Their professionalism and dedication to my case were outstanding, and I felt supported and well taken care of throughout the entire process. I am grateful for their expertise and would not hesitate to turn to them for future legal matters.

Cathy QuinnCathy Quinn

14:05 24 Apr 24
An amazing, knowledgeable and professional team. I highly recommend McNamara Law Office.

Douglas JonesDouglas Jones

01:18 24 Apr 24
These people are amazing. They are helping my family through the worst event of our lives and I really couldn’t ask for a higher degree of professionalism and care. They are razor sharp and completely transparent about cost as much as possible.They are not cheap and there are no guarantees but I believe they are absolutely worth it.You get what you pay for.

Christan SetterboChristan Setterbo

14:04 29 Jun 23
Aaron has helped guide us through one of the most trying and difficult times in my family’s life. Throughout this entire journey Aaron has remained realistic, professional, and has truly cared about our families needs. Aaron was able to help us settle our case in mediation while giving us peace of mind. The professionalism and organization of The McNamara Law Firm was superb! Paralegal J. Gama always held her self in a professional, courteous and educated manner. We are truly grateful for their help and guidance. We will definitely choose Aaron again should we need to seek legal counsel in the future.

js_loader

Skip to content