Rhea & Hattaway Family Law

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• Family Law

  Family law focuses on legal matters that impact families. This can include marital issues such as divorce, along with those things impacted by the dissolution of a marriage: alimony, property division, and child custody, support and visitation. Family law attorneys can also assist with issues such as adopting a child and establishing parental rights through paternity testing. A family law attorney focuses his or her practice on issues that are often both legally and emotionally difficult. Your choice of family law attorney is, therefore, incredibly important. Selecting a lawyer who you trust is essential. So too is having a family law lawyer with the courage, tenacity, and experience to represent your best interests. Areas of Practice A family law attorney can assist with civil proceedings such as: Prenuptial Agreements. A prenup works to protect you and your partner in the unfortunate case of divorce. It can ease divorce proceedings and help ensure no one suffers exceptional losses Legal Separation. Legal separation allows a couple to define clear rules for their lives without completely ending their marriage. It may include child custody and visitation orders, alimony and child support orders, and property and asset division. Legal separation is required in some states before a divorce can be granted Divorce. While different for every relationship, divorce proceedings may include property and asset division, debt division, spousal maintenance, and child support. Divorce may also include business and partnership dissolution Child Custody and Visitation. Typically included in divorce proceedings, custody and visitation issues can also arise with parents who have never been married and may even reoccur as a children age Paternity. Sometimes related to custody and visitation issues, determining paternity is essential for establishing parental rights and responsibilities Adoption. Seldom as straightforward as hoped, adoption can pose several complex issues, particularly when state or international lines are crossed Family law attorneys assist with all legal concerns that accompany family life. An experienced and dedicated family law lawyer will take a comprehensive view of your situation, serve as a voice of reason and calm, and work tirelessly for the best outcome possible. Do You Need an Attorney? Family legal issues come with a unique set of troubles. Having a family law attorney on your side who can offer sound and reasoned advice helps reduce confusion and provides additional support. It is one of the best ways to protect your interests and to make sure that your needs are being met. Family law is constantly evolving. Successful navigation of family law issues requires an intimate knowledge of these fluctuations. When selecting a family law attorney, be sure to choose one whose legal knowledge you feel confident in. We are Here to Help Call today to schedule a consultation with one of our family law attorneys. We serve women and men facing legal issues throughout the region.

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• Adoption

  Adopting a child is a beautiful moment in a parent’s life, but the process to get there can be long and cumbersome. An experienced family law attorney helps you with the process. Adoption paperwork must be completed fully, accurately and on time, and your attorney makes sure this happens. The attorney also works with the agency and/or child’s biological parent to ensure all steps are completed according to the letter of the law. This is your chance to adopt the parenting responsibilities and privileges for this child, and we want to help you make sure that happens correctly. How an Adoption Attorney Can Help You If you have decided to adopt a child, the responsibilities you are assuming are far-reaching: The child’s emotional, psychological and physiological well-being The child’s educational needs The child’s social needs Financial responsibility for the child Legal responsibility for the child Adoption assigns complete parentage to you, or to you and your spouse. Lawyers help you complete the process correctly so that you don’t have to iron out any problems down the road. We help you get the process buttoned up so you can get started on your parenting journey without worrying about red tape or potential mistakes in the adoption paperwork. Adopting Independently vs. Through an Agency You may be considering adopting a child through a public or private agency, or directly in coordination with the child’s mother. A state agency often completes adoptions involving children who have become “wards of the state,” which means their parents may have died, they may have been victims of abuse or they may have been abandoned by a parent/guardian. When you adopt independently, it means you are not working with an agency but instead directly with the child’s parent/parents. You and the biological parent may choose to work with an agency, clergy or other independent party. An attorney can be essential to these independent adoptions. The process itself can be somewhat delicate/emotional since both the biological and adoptive parents are involved. An attorney acts as a level-headed adoption specialist working on your behalf to make this collaborative adoption happen successfully. Open vs. closed adoption: In an open adoption, you as the adoptive parent have open communication with your child’s biological mother (or father, in some cases). An open adoption has certain benefits, such as ensuring your child has a connection to their full family history and having the biological parent’s information about your child’s health, needs, history, etc. Some families choose a closed adoption, in which you will have minimal or no contact and communication with your child’s biological parent(s). This is the right choice for some families. Once the adoption is finalized, there will be no further contact. Learn More About Your Options There are many types of adoptions and adoption processes beyond what is discussed on this page. An attorney experienced with adoption knows how to navigate each scenario. Having a skilled legal professional on your side means there is someone working for you at all times, representing your best interests. Let your attorney welcome your new child to the family and secure your full legal parentage rights.

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• Alimony and Spousal Support Lawyer

  Spousal support is one of the most important items to resolve during a divorce. In most instances, spousal support (also called alimony) will be awarded to one spouse in order to ensure that person can maintain a similar post-divorce lifestyle to what was experienced during the marriage. Alimony disputes are often bitterly contested, and it’s important to work with an experienced family law attorney who knows the state spousal support laws and understands how the court tends to rule in these complex cases. This is the best way to ensure your alimony agreement is fair and will be upheld by the court. Types of Spousal Support There are several different ways that spousal support may be awarded. The specific type of alimony used in your divorce will depend on your unique situation and may include: Temporary spousal support – This is awarded to provide one spouse financial assistance while the terms of the divorce are settled.
 Short-term spousal support – This is typically awarded when the marriage didn’t last very long. Often, short-term alimony will last no longer than a few years. The exact end date will be stated in the divorce agreement.
 Rehabilitative spousal support – This is a specific type of short-term alimony that is intended to provide financial assistance while one spouse is getting the education and training necessary to enter the workforce. Once the spouse is able to secure employment, rehabilitative support will generally end.
 Permanent spousal support – This is generally awarded when there was a long marriage (typically over 10 years). Permanent alimony can be awarded for a fixed period of time or it can be awarded indefinitely. The exact duration will be based on the specifics of your case. Often, permanent support will be discontinued if the spouse receiving the support remarries. Some states don’t allow permanent spousal support.
 Reimbursement spousal support – This is awarded to provide one spouse with compensation when they sacrificed education or career advancement during the marriage in order to take a lesser job that would support the family while the other spouse trained for a more lucrative career opportunity. When a marriage ends before the sacrificing spouse is able to enjoy the financial benefits associated with this sacrifice, rehabilitation support may be awarded to ensure these financial sacrifices are addressed fairly. Factors Impacting Spousal Support The court will consider a variety of factors when deciding on the amount and duration of spousal support, including: Length of marriage Relative incomes of each spouse Pre-separation lifestyle Number of children that require support Outcome of property division agreement The potential need for one spouse to pursue education and training in order to enter the workforce Present and future earning capacity of each spouse What Happens if Your Spouse Refuses to Pay Alimony? If you receive spousal support as part of the divorce agreement but your spouse refuses to make the payments, you may be able to file a legal action to enforce the terms of the divorce agreement. These orders, called a “contempt proceeding” or an “earnings assignment order,” can be effective ways of ensuring you receive the payments to which you are entitled.

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• Child Custody and Visitation

  Child custody and visitation are easily two of the most emotionally difficult aspects of divorce. Under ideal circumstances, parents work together to determine what is in the best interests of the child. However, even in these circumstances, it is often a good idea to discuss all of your options with a qualified attorney. Custody and visitation must be focused on the needs of the child. While the desires of the adults should be taken into account, the health and safety of the child, along with factors such as schooling, proximity to friends and activities, and the stability of each household will often play the largest roles in the court’s decision. To make sure you are not treated unfairly and to help ensure your child is properly cared for, it is a good idea to discuss all your options with a child custody attorney before agreeing to anything. Joint, Partial, and Sole Custody Modern courts tend to prefer joint custody. This arrangement allows children to live with both parents part-time. While each state varies slightly, most custody agreements are considered joint if the children spend at least 40% of their time at each house. Partial custody is granted when the children spend most of their time in one household. In these cases, a visitation schedule will be created. This schedule can be agreed upon or court-ordered, but it cannot be violated by the custodial parent. Visitation schedules are legally binding. Intentional violations can result in penalties, including felony charges in some states. Sole custody is not very common, but it is an option in some cases. Under sole custody, there is no visitation schedule. In most of these cases, children spend all of their time with one parent and have limited access to the other. Physical Custody vs. Decision Making Physical custody determines who has physical custody of a child. Decision making, also known as legal custody, is the legal right of a parent to make religious, schooling, healthcare, and similarly determinative decisions for a child. Co-parents can have a partial physical custody agreement while maintaining strict joint decision-making powers. The opposite is true as well. As with all decisions impacting child custody and visitation, legal custody will be established by the court. Modifying Child Custody and Visitation Custody and visitation schedules can be modified. If all parties agree, a simple document can be drawn up to replace the existing parenting plan. However, if contention is expected, it may be best to have modifications handled by the court. Reasons to modify existing child custody and visitation orders include: Changes in family structure The child is old enough to make his or her own decisions A parent’s work schedule has changed The needs of the child have changed The current parenting schedule isn’t being followed Custody and visitation agreements can be modified if one home becomes unsafe. They can also be modified if one parent is moving out of town. While custody and visitation orders can be modified, having a solid plan in place to begin with is often less disruptive. However, as families change and children grow, being flexible with your expectations will allow your children to more freely interact with both parents and can even help ease any remaining tension between the adults. What Happens When a Parent Moves? If a parent has sole physical custody, he or she can move without difficulty. Most joint and partial custody plans include language that prohibits a parent from moving to a location that would impact the agreement. Out of state job offers, relationships that cross state lines, and other situations that may prompt a move can arise. When they do, modifications to an existing custody and visitation order may be necessary. Having an attorney on your side can help protect all involved and work to secure the most positive outcome for the child. Why Hire an Attorney Custody and visitation are extremely complex issues. There are myriad legal and practical considerations that need to be made. These are best overseen by a qualified legal professional. Children can evoke a primal response in parents. There are chemical, physical, and emotional reactions that can be set off during custody and visitation negotiations. Having a seasoned, calm, and thoughtful attorney helps ensure you do not get in your own way during proceedings. It also helps ensure that everything possible is being done to grant your child the best life. We Are Here for You If you need help with a custody agreement, please call us today. We are here to assess your situation, provide honest information about your options, and help you choose the best path forward.

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• Child Support

  Parents have a legal obligation to financially support their children. This is true even in cases of sole custody, where one parent may have limited or no access to the children. Parents with primary custodial responsibilities are typically entitled to support payments from the noncustodial parent. In cases of joint custody, child support may not be ordered unless there is a significant disparity between the incomes of the co-parents. In some states, this too is up to the discretion of the court. Most calculations of child support are formulaic and uncompromising. It is still a good idea to have an attorney on your side. It is important that nothing be overlooked when determining support and that your finances and income are not unfairly weighted during proceedings. How is Child Support Calculated? Child support is calculated differently in each state, though a majority of states follow the “income shares” model. This model takes into account: The individual income of each parent The number of children involved The amount of time the children spend in each household Some income share models follow a defined set of factors such as the specific needs of the child and standard of living adjustments. Others allow the court much more discretion over the amount of child support ordered, enabling family law judges to consider multiple factors in their determination. States that follow the “percentage of income” model base child support payments on a specific percentage of the noncustodial parent’s income. This percentage may be flat or variable depending on the state. Under most circumstances, child support is a hard calculation that can neither be increased nor reduced without significant life changes. Although some states have placed caps on how much child support can be ordered. Enforcement and Modification Child support orders are enforced by state and local governments. Penalties for failing to pay support can range from driver’s license suspension, fines and penalties, wage garnishment, professional and business license suspension, and jail time. Modifications to child support can be attempted through legal action. Reasons to modify a support order include: Changes in income Changes in the cost of living New expenses for the child Changes in custody Modifications are often best handled by a child support lawyer who can help make sense of state calculations and help you determine if you have cause to file for a change in support orders. Visitation and Child Support It is illegal in every state for the custodial parent to prevent their children from following an established visitation schedule with the noncustodial parent. This is true even in cases where child support orders are being violated. If the co-parent of your children is refusing to pay support, seeking enforcement through legal action is a smarter way to deal with the issue. It is also much less damaging to the children involved. Call to Discuss Your Options If you need help establishing, enforcing, or modifying child support orders, call our office right away. We serve families dealing with child support, custody, and visitation issues throughout the area.

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• Divorce

  Divorce is a complicated issue. Rife with legal and emotional concerns, even a seemingly simple divorce can result in significant difficulty. To protect your best interests, it is often necessary to hire a divorce attorney for proceedings. Having an attorney on your side allows you to focus on recovering emotionally without having to worry about losing everything that you care about. Types of Divorce There are several different types of divorce, but most cases fall under one of two categories: Contested Divorce. A contested divorce occurs when a couple cannot work together. In these cases, attorneys for both sides will do almost all of the negotiating. This is necessary in cases where cooperation is impossible and can be very beneficial in preventing individuals from doing or saying things that may further complicate their divorce. Many contested divorces are settled in mediation or arbitration, but going to trial is also a possible outcome of this approach Uncontested Divorce. The opposite of a contested divorce, an uncontested divorce occurs when a couple is willing to work together. In an uncontested divorce, asset division and other considerations are agreed upon by both parties. Mediation, arbitration, and trial are not part of an uncontested divorce What is the Difference Between Collaborative Divorce and Summary Divorce A collaborative divorce is a type of uncontested divorce in which both parties retain an attorney before they enter into negotiations. Collaborative divorce requires a willingness to work together to resolve all of the issues created by the dissolution of a marriage. If an agreement cannot be reached, the attorneys for both sides may be required to withdraw, placing the couple back at square one. A summary divorce is one in which there aren’t any issues to be resolved: No children; no property or assets to speak of; nothing that needs to be reallocated. A summary divorce is often only possible in cases where a marriage was very short. An annulment may also be an option following a short marriage. Unlike divorce, an annulment makes it look as if the marriage never took place. There are extremely prohibitive limitations on annulments, but the action is possible in some circumstances. You Need an Attorney Even for an uncontested divorce, it is best to have a lawyer on your side. There are several complex issues surrounding divorce and making rash or emotional decisions can hurt everyone involved. Having a lawyer on your side, even under the most amicable circumstances, helps ensure you do not make irrevocable mistakes during divorce proceedings. Issues that are dealt with during divorce include: Property and asset division Spousal support/alimony Child custody and visitation Child support As with all issues in a divorce, these key matters are often impacted by emotions. Marital property, collective debt, and time with children can stoke various emotional flames and result in argument, bitterness, and resentment. Having a lawyer on your side can help ease these strains while working to ensure your best interests are represented. Can a Divorce Order be Modified? Divorce orders can be modified, though additional legal action will be needed to make changes. Events that may prompt a modification include one spouse getting a raise or making substantially more than at the time of divorce. Another would be any changes in the household, such as a new marriage or a job that will take one parent out of state. It is highly unlikely that you will be able to successfully modify property and debt division. Many divorces contain language prohibiting additional legal action for such purposes. Choosing a Divorce Lawyer It is best to choose a divorce attorney who you feel comfortable with and confident in. Divorce proceedings can take months – years in some cases – and you will be spending a fair amount of time with your attorney. Make sure you have selected someone you trust completely. Your divorce lawyer should have sufficient experience practicing family law and be able to point you towards testimonials, reviews, and other indications of their success. Look also for awards and recognitions for the attorney and his or her firm to make sure you are choosing a divorce lawyer who can effectively represent your needs. Contact Us for Help If you need assistance with a divorce, please call our office right away. We help individuals dealing with the complexities of divorce and related issues throughout our region.

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• Domestic Violence and Protection Orders

  Domestic violence, also called intimate partner violence, domestic abuse, or relationship abuse, encompasses many different behaviors. These behaviors include physical violence, sexual violence, emotional abuse, psychological abuse, threats, and stalking. The specifics of domestic violence can vary significantly. However, the crime centers on one person using abusive behavior to maintain control over another in a domestic relationship. Anyone, regardless of gender, can become a victim of this abuse, including spouses, intimate partners, family members, and cohabitants. If you are the victim of domestic violence, know that you have several options to defend yourself. An attorney can help you obtain legal protections and even pursue civil actions against your abuser. Emergency Protective Orders Emergency protective orders may be available in the event of imminent danger. An EPO functions like a restraining order, but is issued more rapidly and has a shorter duration. It is typically given to victims by police officers during domestic violence arrests; however, it can vary by state. The purpose of an EPO is to keep abuse victims safe until more permanent solutions can be put in place. It usually lasts for three to seven days. If you were issued an EPO, now is the time to request a longer-term protection order. Protection Orders Protection orders are available to domestic abuse victims in every state. These orders go by different names, such as orders of protection or injunctions for protection against domestic violence. While an EPO offers short-term security, a protection order offers long-term security. It may last for several years, or even a lifetime in extreme circumstances. Before the protection order ends, a victim who still feels threatened by his or her abuser can apply for a renewal. Protection orders can include many different provisions, depending on what the situation requires. Common provisions prohibit the abuser from having contact with the victim, require the abuser to move out of the shared home, and order the abuser to attend counseling. Violation of a protection order is serious and can be treated as a felony, misdemeanor, or contempt of court. To obtain a protection order, you must file the required papers, present evidence at your hearing, and serve your abuser in accordance with state law. An attorney can help you with this process and increase your chance of a successful outcome. Restraining Orders A restraining order requires parties to do or not do certain things. It is different than a protective order and must accompany a lawsuit. A restraining order may be part of a family law case in which domestic violence is an underlying factor. Restraining orders are not enforceable by the police. They must be enforced in court hearings. However, police are authorized to intervene if the offending party commits an act of domestic violence. Restraining orders vary by state. It is important to work with an attorney who is familiar with the laws in your area. Filing a Domestic Violence Lawsuit You may be able to sue your abuser for your injuries in civil court, even if he or she has been tried in criminal court or you have obtained a restraining order. The types of damages that may be available to you in a domestic violence lawsuit include: Lost wages Medical expenses Pain and suffering It can feel difficult enough to report abuse or pursue a protection order. Filing a lawsuit may seem overwhelming. However, taking your abuser to court can help you regain your sense of control, provide emotional and financial relief, and create closure.

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• Legal Separation

  Legal separation allows a couple to separate without getting divorced. A legal separation deals with the same issues as divorce, but allows a couple to remain married. This may be attractive to couples who wish to separate but, for religious reasons, would prefer to stay legally married. Legal separation may also be attractive for insurance or financial reasons, and it makes entering back into the relationship – if both spouses wish it – much easier. It is required in some states before a divorce can be granted. Issues Handled During Legal Separation Legal separation looks at marital property, debts, and parental responsibilities exactly like a divorce. During legal separation proceedings, asset and debt division, spousal and child support, and child custody and visitation will all be addressed. The court's decisions in a legal separation are final and binding. Remarriage is, however, one key difference, with several implications, that should be considered before committing to either course of action. Remarriage Spouses who are legally separated are still married to each other. They cannot marry someone else. They can date or cohabitate with another partner, but they cannot get remarried to someone other than their spouse. This has obvious advantages in cases where couples choose to restore their marriage. With a legal separation, a petition to the court is all that’s needed for a marriage to be reinstated. This undoes the decisions made by the court and allows the couple to resume as if nothing had happened. Spouses who are divorced are no longer married to each other. They are free to get married to anyone they choose. However, if they choose their former spouse, they will need to go through the entire process of getting married again. The Best Option for You Legal separation is a good solution for some people. Divorce is a good solution for others. The easiest way to determine which option is right for you is through a one-on-one consultation with an experienced family law attorney. During your initial consultation, your lawyer will carefully assess your situation, listen closely to your concerns, and provide you with frank and honest information about your options. Legal separation offers some advantages and is absolutely the right decision for some people. Legal separation has some distinct disadvantages as well, making it absolutely wrong for others. Your lawyer will work directly with you to determine which option might be best for your needs, desires, and plans. Contact us for Help If you need assistance deciding between legal separation and divorce, our firm is here to help. Call us today to schedule a consultation where we can hear your story and guide you towards the best path forward.

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• Paternity

  Establishing a child’s legal father is a process known as identifying paternity. Paternity may be determined by a DNA test or an official affidavit filed by the mother and father. Normally, when a couple is married, the husband is assumed to have paternity of the child. In unmarried couples, they may want to get the male partner added to the child’s birth certificate as the father. In all of these situations and others, an experienced family lawyer can assist you. What Does it Mean to Establish Paternity? Paternity is the legal establishment of a child’s father. The establishing of parentage can be important to a father for many reasons, including making sure the child has access to the legal benefits of the father, such as: Inheritance Life insurance benefits Social security benefits Health insurance coverage A father may also want to make sure his child knows and identifies with their family history, and that the child feels a sense of belonging. A father may want to reunite with an estranged child, and the other parent may request proof of paternity in such a scenario. These are benefits that can come from paternity cases. Paternity Cases and Parental Responsibilities The other parent of the child may seek out the establishment of paternity for reasons of: Child support Financial contributions Child-rearing and educational responsibilities Paternity could be contested or agreed to by the father in such cases. In certain situations, the court orders the determination of paternity, in which case a DNA test is usually involved. Other Reasons Paternity Cases are Valuable Here are some of the other areas in which a father’s rights lawyer can assist you: Challenge paternity Challenge an adoption Terminate parental rights Adjust support or visitation orders The bottom line is that an attorney helps you legally establish whether you are the father of a child, which has numerous financial, legal and emotional implications. Why Hire an Attorney? An experienced, qualified family lawyer knows the proper procedure for establishing paternity. If you find yourself in such a situation, you’ll want to be sure that all paperwork and requests are completed correctly and accurately; you’ll want to make sure everything is done according to the letter of the law so that any paternity finding is ironclad. Whether you are the father seeking establishment of paternity or the other parent, an experienced attorney in this area can help you.

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• Postnuptial Agreements

  In many ways, marriage is an economic partnership. Both spouses will comingle their finances, creating one pool of assets. In the event of a divorce, these assets will be divided between each spouse. Depending on the laws of your state, assets may be split in an equitable, but not equal manner, or they may be divided 50/50 between each party. In some instances, the approach used by your state won’t provide the desired outcome for a divorcing couple. If you and your spouse would like to specify the way your assets will be divided in the event of a divorce, you can enter into a postnuptial agreement during the marriage. A postnuptial agreement is similar to a prenuptial agreement. Both address the same issues. The primary difference between the two involves when the agreement is entered into: Prenuptial agreements are entered into before the marriage Postnuptial agreements are entered into after the couple is married What Can Be Covered in a Postnuptial Agreement? Some of the most common issues addressed in a postnuptial agreement include: How all property and assets will be divided in the event of a divorce Parameters for spousal support, including who will receive it and the duration of the support payments How marital debts such as mortgages, credit card debt, medical bills, gambling debts and other loans will be divided in the event of a divorce Who will receive property and assets in the event that one spouse dies during the marriage When Should I Consider a Postnuptial Agreement? Prenuptial agreements are much more common than postnuptial agreements. However, it may be understandable that you and your spouse don’t want to plan for how to split assets in case of divorce prior to actually getting married. If you preferred to avoid this delicate subject before entering into the marriage, a postnuptial agreement allows you to revisit these financial matters at a later date. Common reasons why you may want to consider a postnuptial agreement include: To ensure children from a prior relationship receive the assets you possessed before the marriage When one spouse has made irresponsible financial decisions or amassed significant debt during the marriage When one spouse stops working to raise young children and wants to ensure they are able to secure a fair percentage of the financial resources in compensation for this sacrifice If you and your spouse would like to clearly define how assets acquired prior to the marriage will be addressed in the event of a divorce When one spouse receives a financial windfall, such as an inheritance, and would like to protect these assets In some instances, couples may choose to enter into a postnuptial agreement before separating. In this situation, the agreement can be used as a template for a future separation agreement. When this is the primary purpose, the postnuptial agreement will generally specify terms for spousal support and division of marital assets. Crafting a postnuptial agreement in this manner can often limit the time, expense and acrimony associated with a pending divorce. Criteria for a Valid Postnuptial Agreement In order to be valid and enforceable by the courts, your postnuptial agreement must meet the following criteria: The agreement must be in writing Both parties signed the agreement voluntarily (neither party was under duress or coerced into signing) Each spouse has disclosed all assets, liabilities and income to the other party All information contained in the agreement is factual and accurate The agreement not considered “unconscionable” (blatantly one-sided and unfair to one party) The agreement meets the laws and requirements of the state where the couple lives Both parties are given an appropriate amount of time to review and consider the agreement before it is finalized You Need an Experienced Attorney Postnuptial agreements have serious financial ramifications for both parties. Once the agreement is complete, it will govern the way assets and property are divided in the event of a divorce. With such high stakes, it’s crucial that you work with an experienced attorney who can ensure your rights are protected.

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• Prenuptial Agreements

  A prenuptial agreement is an important tool to protect your money, property and other assets prior to a marriage. When you and your soon-to-be spouse enter into a prenuptial agreement, one or both parties will relinquish their rights to certain property or assets that they would typically be entitled to by law. This can help you maintain control of these assets in the event of a divorce. The majority of states adhere to the doctrine of equitable distribution, which divides assets in an equitable, but not necessarily equal manner during a divorce. A smaller number of states adhere to the doctrine of community property, which will divide all assets equally when a couple divorces. Regardless of the approach used by your state, it may not present the fairest or most desirable way to distribute assets if your marriage ends. A prenuptial agreement allows you to specify the ways in which these assets will be divided prior to the marriage, providing you with some protection and peace of mind. When Should I Consider a Prenuptial Agreement? You don’t necessarily need a prenuptial agreement in all marriages. You should consider your life stage as well as the financial assets you and your spouse are bringing to the marriage to determine whether you should sign a prenuptial agreement. In most instances, you will not need a prenuptial agreement if you and your spouse are at similar life stages: You’re both entering into a first marriage You both have comparable incomes or earning capacities There are no children from prior relationships Neither of you owns or has an interest in an established business Neither of you have amassed substantial property, wealth or other assets before the marriage However, a prenuptial agreement is often important when you and your spouse are at different life stages or have a significantly different financial status prior to the marriage. Common situations where a prenuptial agreement would be desirable include: One or both of you are entering into a second marriage One spouse is entering the marriage with significantly greater wealth and assets than the other One or both of you have children and would like to ensure they receive any wealth or assets you’ve acquired prior to this marriage One or both of you has ownership interest in an established business You Need an Experienced Attorney Due to the serious financial consequences associated with a prenuptial agreement, it’s crucial that you work with an experienced family law attorney who can make sure the agreement is fair, enforceable and protects your rights. Whether you’re trying to protect your assets or you’re relinquishing your rights to your partner’s assets, you should always seek legal representation before entering into a prenuptial agreement.

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• Property Division

  In many ways, marriage is an economic partnership. During a divorce, this partnership must be dissolved so that each spouse can live financially independent lives. This is accomplished by dividing all property and assets between each spouse. In situations where the divorce is relatively amicable and both parties are able to agree on the important issues, property division may be handled without the intervention of the courts. However, if you and your spouse aren’t able to agree on how to divide these assets, the court will rule on the dispute. The courts will make their decisions on your property division dispute based on the laws established by your state. Depending on where you live, one of the following philosophies will govern to your property division dispute: Equitable distribution Community property It’s important to work with an experienced attorney who knows the property division laws that apply to your case. This will ensure that the agreement crafted is fair and will be approved by the court. Types of Property There are two different types of property: Marital property – Property and assets acquired during the marriage, even if only one spouse holds the title, are considered marital property. Exceptions include gifts, inheritances and personal injury awards.
 Separate property – Property and assets acquired prior to the marriage are considered separate property as long as they were never comingled with marital property. Equitable Distribution The vast majority of states use the doctrine of equitable distribution to handle property division disputes. Under this approach, assets are divided in a fair (equitable), but not necessarily equal manner. Each spouse will maintain possession of all separate property they owned before the marriage. Only marital property will get divided between each spouse during the divorce. In most instances, the following types of marital property will be divided equally: Homes Cars Bank accounts Pensions 401k accounts IRAs Other types of savings and investments However, there are certain items which can’t be split equally, such as a business started during the marriage. In these situations, each spouse will be given a percentage of the asset. The court will consider each spouse’s contribution to the asset, as well as to the marriage in general, when dividing these items. For example, the spouse who worked the business will often receive a larger percentage of its value. The other spouse’s percentage may be determined by evaluating other contributions to the marriage, such as parenting and homemaking, that enable the business owner to grow the business. Community Property There are still some states that use the doctrine of community property to divide marital assets. Under the community property approach, separate property will remain with the original owner of these assets. Marital property will be split equally between each spouse.

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