If you are newly engaged or just married, this divorce information will help you make important choices as you begin your life together.
What you will discover:
What should I know about child custody and child support before becoming pregnant?
What are married spouses’ fiduciary and legal obligations?
What are my state’s marital property laws?
Should I get into a prenuptial agreement?
Prepare Before Getting Married
Divorce is seldom mentioned by newly engaged couples, despite the fact that around half of all marriages end in divorce. While no one likes to think about divorce before being married, there are several crucial factors that may assist make the divorce process less difficult if it does occur. If you are newly engaged or just married, the answers to frequently asked divorce questions can help you make educated choices as you begin your lives together.
Table of Contents
What should I know about child custody and child support before becoming pregnant?
For many couples who decide to start a family soon after marriage, having children is a no-brainer. However, although marriages may not always continue, children born during marriage need the same amount of care and support after a divorce. Even if divorce is the best decision for you and your husband, it may result in custody and support concerns for you and your children.
In general, state courts base child custody and support decisions on what is best for the kid. This involves a parent’s capacity to meet the requirements of their kid and offer a stable environment. The purpose of child custody and support is to keep the parent/child connection intact as much as possible and to keep the kid’s quality of life near to what it was when the parents were married.
Parents who believe they are on the verge of divorce should begin recording topics that may influence their choices. If you are a newlywed, knowing how courts decide what is best for children might help you avoid or mitigate issues in the future.
What are married spouses’ fiduciary and legal obligations?
Married partners owe each other a fiduciary responsibility, which implies they have a legal obligation to depend on and trust each other (financially and otherwise) throughout their marriage. Many states have laws requiring married persons to be honest and fair to their spouses. This gives each spouse control over the communal property in their marriage, providing they would behave in good faith in terms of what is best for them both as a couple.
Due to this fiduciary obligation, one spouse cannot use undue influence to force the other spouse to make particular choices in an estate plan or comparable legal instrument. In many places, using such influence in bad faith is considered a violation of the law. Spousal fiduciary obligation often entails spouses providing each other with the greatest level of care throughout the marriage and working to prevent conflicts of interest.
Legally, each spouse has equal access to papers pertaining to the marriage and marital assets, implying that one spouse cannot conceal records or other information pertaining to their income, assets, and obligations.
What are my state’s marital property laws?
Each state has its unique marital property rules, which influence how property is distributed after a divorce. In a marriage, not all assets are commingled; “separate property,” as it is known, may include gifts and inheritances acquired by just one spouse or objects bought with separate assets.
Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin, and Puerto Rico are among the states and territories that accept the notion of communal property. This implies that both couples hold equal portions of the marital property and assets, which are normally distributed equally in the event of a divorce. A divorce settlement may override this, but only if both parties agree to the change in terms.
All other states split marital property based on fair allocation. This implies that the property and profits are equally shared and dispersed. This legal phrase denotes “fair,” although it does not always imply “equal.” If one spouse earns more money than the other, it may be considered fair that the higher-earning spouse get a larger share of the assets.
Should I get into a prenuptial agreement?
A prenuptial agreement (or “prenup”) is a legal agreement made by the two parties before they marry that sets the conditions of property split and other rights in the event the couple divorces. Prenuptial agreements make the greatest sense for high-net-worth individuals, especially if they reside in a community property state, but they may also be beneficial to average people.
For example, it may be a useful tool for couples who had children from previous relationships or who bring an inheritance or significant assets into the marriage. A prenuptial agreement may assist maintain family connections and the beneficiary status of children from previous marriages, as well as safeguard commercial assets earned prior to the marriage and family companies. The prenuptial agreement evaluates crucial financial issues before the couple faces the difficulties that typically lead to divorce, allowing for reasonable choices.
Some couples believe that signing a prenuptial agreement signals that they want to divorce, although this is not always the case. While asking your spouse to sign one may damper the romance, a prenup shows that the pair is thinking forward and protecting other people’s and economic interests. It might be a prudent financial decision for high-net-worth couples and couples getting married for the second time.
Prepare Before Getting Married
Couples do not come into a new marriage intending to divorce, although divorce does occur. Thinking about divorce before your wedding may assist guarantee that you begin your marriage with a clear mind and may help avoid future conflicts. If you need legal guidance concerning your marriage, divorce, child custody concerns, or prenuptial agreements, consult with an attorney.
