The Lewis Leeper Blog

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    Child Custody Arrangements

    Depending on the circumstances and state guidelines, the divorce courts will decide on a child custody arrangement that will best provide for the child. During divorce or legal separation, the courts may grant temporary child custody rights to one of the parents. These orders may not stay once the divorce is finalized but help give the child an established schedule and routine during the divorce process. If there is more than one child, typically the children live together for moral support, but the court may separate the children between parents. It may also be possible for the divorce courts to […]

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    Property Division in Massachusetts Divorce

    Property distribution is generally based on community property or equitable distribution laws, depending on divorce laws in your state. In community property laws, the divorce court considers any property acquired by either spouse during the marriage and divides it equally, regardless of financial need, ability to earn or fault in the divorce. Equitable distribution laws are more common and typically consider the length of the marriage, income or property brought to the marriage by each party and other factors to come to fair decision on property division. During property distribution, the divorce court may consider the division of retirement accounts. […]

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    Asset Protection

    Asset protection during divorce can happen in one of two ways: premarital asset protection or postmarital asset protection. Premarital asset protection can be in the form of a prenuptial agreement – also known as a premarital or ante-nuptial agreement. A prenuptial agreement is a contract between a couple before marriage that outlines property distribution, alimony and other monetary issues in a divorce. Prenuptial agreements do not control issues like child custody, child visitation, or child support Most states will generally uphold prenuptial agreements if they are entered into voluntarily by both parties and aren’t unfair or hiding any information about […]

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    Postnuptial Agreements

    Marriage is a legally binding contract and if you choose to enter into it without a prenuptial agreement, you will become subject to divorce laws in your if you and your spouse choose to divorce. To avoid a situation where possibly vague divorce laws dictate how to divide the marital assets, the new trend is for couples to voluntarily enter into a postnuptial agreement to outline wishes in the event of death or divorce. A postnuptial agreement is very similar to a prenuptial agreement except that it’s signed by the parties after marriage. These agreements can sometimes be used to […]

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    When to Get a Postnuptial Agreement

    Often, Divorce lawyers will recommend postnuptial agreements for their clients when the financial status of a couple has changed. Both parties generally must have a lawyer to help in the creation and review of a valid postnuptial agreement before it’s signed. Both parties should disclose everything during postnuptial agreement negotiations. If there’s not full and fair disclosure about debts and assets while negotiating the postnuptial agreement, it may be considered invalid later during a divorce.

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    Postnuptial Agreement Validity

    Postnuptial agreements are now considered valid in most states; however, there are generally no specific laws governing these postnuptial agreements as there are with prenuptial agreements. The agreements may be challenged or scrutinized more thoroughly than prenuptial agreements in divorce court. The court may decide to disregard a postnuptial agreement if it was entered into under duress, if all assets were not disclosed in the agreement or if the agreement is not considered fair to both parties.

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