1–5: Marriage and Prenuptial Agreements
Do we need a prenuptial agreement?
Prenuptial agreements are advisable when either spouse has substantial assets, liabilities, or children from a previous marriage.
Are prenuptial agreements enforceable?
Yes, if they are voluntary, equitable, and in accordance with state laws. There should be full financial disclosure.
What happens to property acquired before marriage?
Generally, property acquired before marriage is separate property; however, it may become marital property if it is commingled.
Read Also:
- https://insightfullawhelp.com/20-family-law-issues-and-how-they-are-resolved/
- https://insightfullawhelp.com/30-divorce-and-custody-questions-answered-by-lawyers/
- https://insightfullawhelp.com/40-family-law-scenarios-and-their-legal-implications/
Can we hyphenate our last names legally?
Yes, couples can hyphenate or change last names through a marriage license or a legal name change process.
Is common-law marriage recognized?
Only in a few states. Couples must meet specific criteria, such as living together and presenting themselves as married.
6–10: Divorce and Separation
What is the difference between separation and divorce?
Separation means living apart while remaining legally married; divorce ends the marriage.
How is property divided during divorce?
Property is divided according to state laws: community property (split equally) or equitable distribution (fair, but not necessarily equal).
How long does a divorce take?
The length of time varies according to complexity, jurisdiction, and whether it is contested or uncontested.
Do we need to live apart before filing for divorce?
Some states require a separation period before filing for divorce.
What is a no-fault divorce?
A no-fault divorce is a divorce where the couple dissolves the marriage without assigning blame, citing irreconcilable differences.
11–15: Child Custody and Support
Who gets custody of the children?
Courts decide custody based on the child’s best interests, including parental stability and the child’s needs.
What is the difference between legal and physical custody?
Legal custody involves decision-making rights; physical custody determines where the child lives.
How is child support calculated?
Child support is calculated according to state guidelines taking into account income, custody, and the needs of the child.
Can the custody arrangements be modified later?
Yes, they can be changed if circumstances significantly change and would benefit the child.
Do stepparents have legal rights to stepchildren?
Stepparents have no automatic rights unless they legally adopt the child.
16–20: Spousal Support and Alimony
What is spousal support (alimony)?
Payments one spouse makes to the other after divorce, based on need and ability to pay.
How is spousal support determined?
Courts consider income, length of marriage, and the recipient’s financial needs.
Is spousal support permanent?
Not typically; it often lasts until the recipient becomes self-supporting or remarries.
Can spousal support orders be modified?
Yes, if there is a significant change in circumstances, such as income or living conditions.
Is spousal support taxable?
As of 2019 (in the U.S.), spousal support is no longer tax-deductible or taxable for new agreements.
21–25: Miscellaneous Family Law Issues
What happens to debt during divorce?
Marital debt is divided based on state laws, like property division.
Can we create our own custody or support agreement?
Yes, but the court must approve to ensure it’s in the child’s best interests.
What is mediation, and do we need it?
Mediation helps couples resolve disputes amicably, often required in custody or divorce cases.
Can I relocate with my child after divorce?
Relocation usually requires court approval to ensure it doesn’t disrupt the other parent’s rights.
What are grandparents’ rights in family law?
Grandparents can seek visitation or custody in some cases, typically when it benefits the child.