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Financial Planning / Tax Strategies
|Subject: Re: Marriage Penalty Returns||Date: 1/20/2013 3:08 PM|
|Author: TMFPMarti||Number: 117434 of 122922|
Is taxation an accepted reason to legally dissolve a successful marriage and go back to the state of living out of wedlock, or will they have to lie about why they are divorcing?
AFAIK "no fault" divorce is now the norm. If there are no minor children and the spouses agree to a property settlement the law doesn't care why they're divorcing. Heck, in California, always on the cutting edge, they moved on to "no marriage" divorce with the concept of palimony years ago. There has been some talk in some states of introducing "covenant" marriages, in which couples could choose unions that aren't easily dissolved or stick with the "until something better comes along" version now used. Don't know that it's gone anywhere.
When the thrice married Bob Barr (R-GA) introduced the Defense of Marriage Act in panicked response to the possiblity that same-sex marriage might become the law in Hawaii I was dying to ask which of his marriages he was defending. I also wonder why people who are so dedicated to making sure gay people can't get married because of the sanctity of the institution aren't trying to do something about drive-through divorce.
Besides, messy divorce cases were always such fun. Witness the "Reno-vation" of Mary Haines in Clarie Booth Luce's The Women. Without it we'd never have met the Countess. L'amour. L'amour.
OP seems to understand that marriage is much more than a piece of paper, to wit the reams of legal documents it takes to reach roughly the same status as marriage while, as we so quaintly used to call it, living in sin. While at the lawyer's they'll also need to check up on potential legal potholes awaiting their future arrangement. "No one needs to know" is how I think he put it in the OP. Careful here. If you hold yourselves out as married in a common law marriage state you're married with or without a piece of paper. And as long as you're not a same-sex couple, Federal law recognizes that one. On a different front, in Illinois if you live together "openly and notoriously" without benefit of clergy you're guilty of fornication.
Of course all this pertains only to the civil aspects of marriage. Religious institutions maintain their own requirements and procedures.
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