There’s a saying that every true love relationship carries a belief that it will last forever. It may not turn out to be so, but still taking about demise of a marriage and setting a plan for a potential after-divorce life at the very beginning of a marriage sound everything but romantic.
Nevertheless, the modern style of living and alarmingly increased number of divorces resulted in growing number of couples making a prenuptial agreement. Despite the fact that it’s killing all the romance, most of these couples see it as practical and necessary.
Pre-nuptial agreement is a private contract between two partners who intend to marry. The contract lists all the property partners own at that point.
The purpose of the agreement is to set out how are the assets of both partners going to be divided in the case of a divorce or if one of them dies. The contract considers both partners’ debts also. The major benefit of this procedure, also the main reason why people choose to do it, is that it provides spouses with the possibility to distribute their property in the case of a divorce in the way they want to. Without agreement, the assets will be divided during a divorce according to the current family laws in their resident state.
There are some basic requirements partners have to meet in order to make this contract. Both of them have to be completely honest about their total property and debts. Contract has to be written and granted by the state’s family law court, where both parties should be represented by two individual lawyers. Every part of the agreement partners have to sign voluntary. It is presumed that the agreement is fair and reasonable.
The issues regarding potential future children are extremely difficult to set down in the contract. Plus, family law courts have rather rigorous criteria when it comes to these matters. If partners still wish to include these aspects of plan into agreement, it’s probably the best to let experienced family law lawyers to handle it.
Prenuptial agreement is not a final legal word and the family law court has all rights to reject complete agreement or some parts of it, if there’s any section that is not in accordance with state’s family laws. For more information visit Fresno Injury attorney.
Thousands of married couples struggle every day to get a child. After they exhaust medical therapies for sterility, the adoption turns out to be the only option. Adopting a child is a life changing event that takes complex procedure, money and a lot of patience to be completed.
Before making any particular legal step, you should inform about qualifications for adoption. Family law in the United States varies from state to state on this matter, contrary to the international family law. You should, also, be clear with your own qualifications and wishes. Clarify the profile of a child you’d like to adopt. Think about all possible characteristics, such as the age of a child, race, health issues and determine which of these suit your needs, wishes and capabilities. There is also a form of adoption called ‘’opened adoption’’ where biological mother keeps in touch with a child. Make up your mind whether you are open to this option too.
After you’ve clarified a precise profile of a child you’re looking for, sign up with an adoption agency. If you sign up with a private agency, you have higher chances of getting a new born baby. When working with a government agencies, you will most probably adopt an older child. This, of course, goes with the higher price you will pay to the private agencies.
Carefully write your resume, in a reasonable and warm manner presenting to all soon to be mothers all the qualities that would make you a good parent. Visit criminal defense lawyer Westchester for help.
Before you are allowed to proceed, the agency will ask you to submit clean health bill, leave your fingerprints, document you records, verify your incomes and debts and prove that you own a house suitable for a child to live in it. Once you complete all the phases of the process, you need to wait patiently, but all the invested aspect will turn out to be worth of it.
Posted by Francisco Tom on Jan 23, 2016 in Divorce | Comments Off on Fault divorce and no-fault divorce
Truth is never black and white and, as the old saying states, it does take two to tango, so it’s pretty hard to sum up the reasons for a divorce in one or two statements. However, if you start a procedure of terminating a marriage, the family law court will eventually ask you to present those reasons. When it comes to this, depending on a state where spouses filed for a divorce, there are two legal possibilities.
The family law in most states nowadays accepts so called “divorce on no-fault grounds”, though there are still some states that demand clearly proved reasons for “divorce on fault ground”.
The no-fault divorce procedures do not require a spouse who filed for divorce to allege particular reasons or faulty behavior of the other spouse as the reasons for marriage breakdown. According t the current family laws in most states, it’s enough to claim “irreconcilable differences” as a reason and to state that the marriage is irreparably broken down. From the court’s and judge’s point f view, this means that spouses fail to compromise and get along and that all the possible solutions for saving the marriage are exhausted.
When filing for a divorce in this manner, partners are not obligated to testify about the reasons, but the court often mandates separation period before granting a divorce.
On the other hand, family law in some states still requires testifying about the reasons why the marriage has deteriorated. Sometimes, there are even specific situations when one spouse intentionally files for divorce on faulty-grounds. State family law defines grounds excepted for faulty divorce and if one spouse alleges faulty behavior of the other one, that statement has to be proved.
Some of the most common reasons people allege as responsible for marriage breakdown are domestic violence, adultery, criminal affair of the partner, mental illness and different kinds of substance abuse and addictions. It is controversial subject, but some family courts recognize sterility and impotence as valid reasons for faulty grounded divorces.
Filing for a faulty divorce can speed up the procedure of divorce, but since it requires the reasons to be proved beyond a reasonable doubt, this is the option where you should probably consult a family law lawyer before filing. Check long beach divorce lawyer page and search for help.
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