There is little difference between a business contract and marriage. Marriage is a partnership. All elements from prenuptial agreement to the big “D” being divorce are civil in nature as is child custody and division of assets and debts. All are civil processes before the law.
Prenuptial Agreement Meaning
Prenuptial agreements are design to protect net worth and assets of the parties. This is true if there is a significant economic disparity between the parties. The purpose is to separate assets that have accumulated with each party prior to their association. Ideally the assets prior to marriage are removed from the table. Only wealth and property accrued during the marriage is under scrutiny of the court. The obverse is as important as any debt gathered during marriage needs to be assigned to each party. Real property is usually sold, with the dividends split between the formerly married couple. There many nuances to consider in the absolution of the marriage contract.
Child Custody Agreements
Child custody issues arise and must be determined. The problem is that divorce is a highly emotional charged social situation. Unfortunately, the adult’s high charged emotions are at times so extreme that the poignant feelings for dependents is submerged and the children become vehicles to offend the estranged spouse. The courts attempt, sometimes well short of the ideal, to insulate the children from the demonstrative battle inside the courts. One of the considerations the courts must address is the party who has primary care of the dependents and their earning potential. Technically child support is for the benefit of dependents, not to be a source of enrichment for the party who has primary custody.
Amiable divorce settlements are possible. Divorces settled through negotiation usually end much better than a battle royal. The parties need to understand that as with other contractual related litigation, there is always a give and take with a divorce.
Community Property States
Community property states include Nevada, Arizona, California, Idaho, Louisiana, New Mexico, Texas, Wisconsin and Washington. Alaska is an opt-in allowing the parties to declare their property community property. This means that under the marriage contract neither party holds an exclusive control of shared assets. On dissolution of the marriage assets and debt should be split evenly.
Alimony is seldom granted if both parties are employed. Alimony is assessed for maintenance and may only be valid from the time of filing for divorce and its resolution. In dual income family’s alimony is seldom granted, though still considered. Child support is for the children’s maintenance and education. About 69% of the children in the US (those under 18) live in a two-parent home. About 23% live with a single mom. In the 60’s 88% were in families with two parents. Single dads only amount to carrying for 4% of the children while the others don’t live with either parent. These are from a study conducted in 2016.
Marriage Attorneys, Divorce Lawyers & More in Greater Las Vegas, Nevada
Common law relationships are not recognized in Nevada and many other states. In fact, legislation in many former common law states have muddied the waters in respect to common law marriage. Divorce is seldom a pleasant experience. But the procedure has a long history and is standardized across the country. For advice seek the service of an attorney with an established record. Kajioka & Associates Attorneys at Law offers expert representation. Call us to fight for you!