Before getting married, protect your assets and inheritance but also make sure your spouse and future children are protected in the long run. The prenuptial agreement should not be rigid over time but open to evolve according to certain circumstances or life changing events. In the event of a divorce, the division of property without a prenuptial agreement is subject to laws of the state in which you reside.
Legal separation is not quite a divorce but a first step to separate assets and persons. It provides a first glimpse at adapting to new circumstances and future needs in the face of a likely divorce. The agreement or court order mandates the rights and duties of a couple while they are still married.
Divorce can be either by consent of both parties or not. If by consent and without children, the process can be fairly fast and emotion free. However, when the divorce is not by consent and/or involves children, the dissolution of marriage involves many issues, including division of property, spousal maintenance, child support, and child custody and visitation. You will then benefit from our services as an effective and experienced counsel.
Custody and Visitation
After a divorce, the planning of the time of each parent with each child is government by the visitation agreement. The parent with whom each child will be residing with most of the time is the parent who has custody. However, this process will also govern how decisions are made for the children. These issues can last long after a divorce is decreed, and can involve arbitration or further litigation. One of the most recurring issues is when one parent needs to move far away from the residence of the other.
Child support is a regular, periodic payment made by the noncustodial parent to the parent with whom the child lives to spend on the child’s needs. It is calculated using a state-mandated formula. Many factors go into the amount of child support, including the earning capacity of each parent, the number of children of the marriage, and the particular needs of the children. Child support continues until a set period in the life of the child. Varying circumstances over time can cause a change in the child support.
When one spouse has a significant economic advantage over another, spousal maintenance may be in order. That amount is set at the time of the divorce based on the respective income (actual and potential) and assets of each spouse, and the cost of maintaining as close as possible the pre-divorce standard of living.