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Family Law Archives

What is a living together contract?

A "living together contract" is to cohabitating and unmarried couples as "prenuptial agreements" are to married couples. These contracts are part of a growing trend to streamline breakups between couples that often spend years acquiring property together. Disentangling the lives of an unmarried couple can be just as complicated as a married couple. To reduce some of the uncertainty, are living together contracts. This article will discuss these contracts and how enforceable they may be.

What happens if your child seeks emancipation?

Teenagers are already navigating complex social interactions in school, preparing for college or adulthood and a mess of hormones. Now imagine throwing into that stew of chaos, a divorce. Most teenagers may react with risky choices or anti-social behavior but a few may act with more drastic measures. Emancipation is a legal process by which minors gain legal personality which allows them to act on their own behalf. This article will explore the method by which that is accomplished and how it affects your parental rights.

Is your prenuptial agreement enforceable?

The prenuptial agreement or "prenup" is a contract that is used to allocate financial rights between spouses. But these agreements can cover far more topics such as: property rights, allocation of retirement funds, the division of business assets and more. This article will discuss the various ways in which these agreements could be stricken by the court.

  • The agreement must be, mostly, fair. This means that the provisions cannot be stacked against one of the spouses. How precisely to draw this line depends upon the individual facts of each divorce.
  • Prenuptial agreements may only allocate financial rights. If you attempt to determine child custody or child support, the court may strike the entire agreement. However, the agreement may determine spousal support or alimony.
  • Prenups that are based upon false or incomplete information may be stricken. The reasoning is simple, this agreement is trying to allocate financial rights so if any part of it is based on faulty information then it can't do its job.
  • If one of the spouses forces or tricks the other into the agreement, then it could be stricken by the court. Both spouses must freely enter into the agreement and have enough time to consider the provisions.
  • Both spouses must be represented by their own attorney, especially if one spouse retains counsel. The reason is because prenups are drafted in anticipation of litigation, so there is no way that an attorney can fully assist both parties.
  • Prenuptial agreements must be signed by both parties before the wedding.

Why a judge may deny a divorce settlement agreement

The process of divorce can be very long and trying for couples and their attorneys. Since there are a number of topics that need to be discussed, it should not be a surprise that divorces can take months and sometimes years to be finalized. Knowing that this process can be long, some couples may choose to work together to find a solution rather than argue or engage in heated disputes in hopes of getting what they want. It can be wise for couples to agree on things, but they have to remember that a judge can still deny their settlement agreement.

Adoption requirements for singles and couples in Texas

As time goes by, families may experience a number of legal issues. No family is perfect, so it is not surprising that some people end up in court when they are having a disagreement or dispute over something. Child custody and support are common family legal matters that parents will need to address when they're children are under their care, but for some people, their struggle may be with getting a child. Since adoption isn't as easy as signing a paper and agreeing to care for a child, singles and couples looking to adopt have to meet certain criteria before the state allows them to adopt a child.

What are common family law issues attorneys may assist with?

All around the United States there are families dealing with a number of problems on a daily basis. Whether it is child custody disputes, disagreements about alimony or difficulty adopting a child, it is common for families to experience some type of legal issue at some point. When this happens, people often look to attorneys to help with the many family law issues they may be experiencing.

How a couple can establish their common law marriage

Marriage is an important family law issue that many couples may discuss at some point in their relationship. Not every couple that has been together for a long time feels the need to make their relationship official by having a big expensive wedding or documenting the relationship with an official marriage. For some couples, having a common law marriage is enough. A common law marriage may be an easier process for some than having a legal marriage or a big wedding. But like a legal marriage, there are a number of steps that need to be performed before a common law marriage will be recognized by the state you live in.

How to protect yourself during a divorce

Divorce can take a huge toll on you in lots of ways. When people enter into a marriage, they rarely realize how unpleasant things can get should they divorce and one of them has assets and property that the other may want to divide. When this happens, both parties may engage in heated disputes that may result in the spouse with the larger number of assets required to divide what they own with their spouse. They may feel this is unfair, but since they did not take the necessary steps to protect themselves, they may have to face the consequences.

Grandfather battles for visitation with his grandson

Family law issues may present the parties involved with much stress, especially when there are children involved. When parents or grandparents find themselves dealing with the matter of child custody, it can be a struggle. Grandparents have rights, and even though parents may be aware of this, they don't always find it necessary for the grandparents to be part of the child's life or even visit. When this happens, grandparents may find it necessary to take legal action.

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