Understanding the Prenuptial Agreement

prenuptial-agreement from a lawyerAre you getting married and want to protect your assets? A prenuptial agreement may be what you need to do just that. While most people think of these as a bad thing, they can be a good thing if they are entered into by both parties with an open mind and clear understanding. It is merely a contract that usually includes provisions for division of property and spousal support in the event of divorce or separation.

They usually have many different stipulations on it as well, including adultery, etc. A prenuptial agreement can be as basic or as detailed as you can imagine, depending upon your needs and your attorney. In the United States, there are five conditions that must be met for a prenup to be valid. These are:

  • Agreement must be in writing
  • Must be executed voluntarily
  • Must be full or fair disclosure of assets when signed
  • Agreement must not be unconscionable
  • Must be executed by both parties before a notary public

If any of these conditions are not met, then the agreement can be deemed invalid and thrown out of court. That is why it is so important to get the proper legal representation to ensure that every part of the prenup is done correctly and legally.

While a prenuptial agreement sounds like an easy way to protect your money in case of divorce, it is just as important to be sure that it is something that you both want to sign and do. Marriage is a compromise and this begins before you take the vows, so be sure that a prenup is something that you both want.

A prenuptial agreement protects the interests of both partners in the marriage, so it is important that both parties take the time to ensure that their interests are included. With the proper guidance and help, both parties can be taken care of and the prenup can be fair for the couple now and in the future.

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The Right Lawyer for Partner Rights for Gays and Lesbians

partner rights for gays and lesbiansA lawyer that specializes in partner rights for gays and lesbians is not something that is that easy to find, especially in the smaller cities. There are many different issues that are encompassed under this grouping. Finding the right legal help for these issues is essential to being able to get the same treatment as heterosexual couples, so it is important to choose the right legal team.

Some of the issues that are wrapped up in partner rights for gas and lesbians include:

  • Adoption and parenting issues
  • Hospital visiting rights/living will issues
  • Marriage/divorce
  • Custody issues
  • And More

Unfortunately, in many areas of the country legal issues have not caught up with partner rights for gays and lesbians. Due to this, it is often necessary for the gay and lesbian community to fight for their rights and this dictates a need for legal help. Finding the right attorney for it means that they have to find one experienced in not only family or domestic law, but also gay and lesbian issues as well. That can be difficult, depending upon what area of the country that you live in.

Gay and lesbian marriage has been a hot button issue, especially as far as which state(s) allow it and what sort of rights come with it. That is why some attorneys are choosing to focus or concentrate on this type of law. They see the need for it and are passionate about getting this segment of society the same rights and freedoms as heterosexual couples have.

If you are gay or lesbian, and are in need of legal help for a domestic issue or feel as if your rights are being violated, take the time to find legal representation that will work with you and for you. Partner rights for gays and lesbians need to be fought for and that means you will have to find the right legal help for you and your needs.

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Finding a Family or Domestic Law Attorney

finding a family attorneyWhen looking for a family law attorney, you want to be sure that they are experienced in family matters and domestic union relationship matters. While lawyers can file any type of legal claim, they tend to focus on a particular type of law and if you are having domestic or family matters, you want a family law professional. How do you find one?

  • Ask for recommendations from friends and family members.
  • Look online and in the yellow pages.
  • Call a lawyer you have used in the past and ask for a recommendation.
  • Call a State-Bar certified lawyer referral service.

After you find a lawyer, you want to be sure that you do your due diligence to be sure that they are going to be able to do the job that you have hired them for. Call the state bar association and see if there have been any complaints filed against them. Make an appointment for a consultation and see if you like them and feel comfortable with them. Both of these things are essential to be sure that you are choosing a lawyer that you will like and that you will be able to trust.

Take time to think it over. Go home and consider what the lawyer told you. If it did not sit well with you, then call another lawyer. There are many domestic law attorneys and you are sure to find one that will work well with you and for you. Don’t just settle for the first one you find.

Family law is a very broad area of law, but if you need a professional to take care of a domestic or family issue, then you want the right one. That is why you want to take the time to find the right attorney for you and your particular case and needs.

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Separation Agreement Basics

A separation agreement is a legal agreement between two married people who have agreed to live apart for an unspecified period of time. This agreement normally covers things like child support, payment of bills, alimony, custody arrangements if there are children, and management of bank accounts. This agreement may also determine property division if it appears that the separation is going to be permanent.

separation agreement attorneyNormally, this is the first step before divorce. Many couples choose to go straight to divorce, but others try to work it out or go to counseling, so they file for a separation agreement to ensure that there are some sort of “rules” for what is going to go on between them as far as money and other assets. This is especially helpful if there are children in the picture to ensure that there is some sort of stability for them in custody.

Most states recognize a separation agreement, but there are those who do not. It is important to check with your local court system or attorney to see if your state recognizes one of these agreements.

One thing that you want to keep in mind is that the separation agreement often affects the divorce agreement as well, especially as far as custody. If you want custody, be sure that you try to get it in the separation to ensure that there will be no issues further down the line.

If the couple gets back together, the agreement can be cancelled by both parties, which is why many couples start with this before moving on to divorce. This is true, especially if there is some chance of reconciliation. However, most separation agreements are just interim agreements between separation and divorce, but they can be in place for years, depending upon the couple.

If you and your spouse are having issues and considering separation, consider a separation agreement to be sure that everything is taken care of while you both decide what you are going to do.

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Finding a Divorce Attorney

find a divorce laawyerFacing a divorce? Then you are looking for a good divorce attorney. While there are many out there who claim to be “good,” the quality of lawyers vary as widely as anything else in the world. That is why it is so important to take your time in finding a divorce attorney to be sure that you find the one that you can trust and that will take care of you and your needs.

What do you need to consider when looking for a divorce lawyer?

  • Ask divorced friends for recommendations. They are a great asset for you, as they have been through it.
  • If you have children, you will want to get an attorney that has experience in family law and custody issues.
  • Are you going to need separate lawyers? How amicable are you?
  • Consult with several attorneys before choosing one. This is a time for you to consult with attorneys and talk with them to find the one that you connect with.
  • Ask for a fee schedule. As with anything, cost is essential.

Finding a divorce lawyer can be quite overwhelming, but it is important that you find the right one for you and your situation. Once you have narrowed down the list, call the local State Bar office and see if there have been any complaints filed against the one or ones that you are deciding between. Then you are ready to make your choice and begin your divorce proceedings.

While divorce is not something that anyone wants to go through, it is unavoidable in many situations. Finding the right divorce lawyer can go a long way to making the process much smoother for you and for your children. Take your time to find the right one and you will be on your way to living your life on your own terms and in your own way.

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