what to be aware of when divorcing your spouse
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what to be aware of when divorcing your spouse

Every marriage is not meant to last forever. No matter what the reasoning behind the divorce, it is important to have legal representation for each side. I almost lost everything because my former spouse said that he was taking care of things and that he would be fair about how the assets were divided. It took several weeks for me to find out what he was up to. It was then that I hired my own attorney and got what I deserved. You should never attempt to go through a divorce without a lawyer working on your side. On my site, I have listed several of the issues that can get overlooked if you are inexperienced with divorce documents and proceedings.

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what to be aware of when divorcing your spouse

The Prenup — Not Only For The Wealthy

Joy Johnson

Many people view a prenuptial agreement as something that only rich businesspersons and celebrities rely on. A millionaire may not want to lose part of his or her fortune upon the breakup of his or her marriage, and this legal document will prevent such a scenario from unfolding. What you don't know, however, is that "ordinary" people can also benefit from meeting with a family attorney to discuss a prenuptial agreement before they get married. Your family attorney has likely helped many previous clients in this area and will guide you through this process so that you feel more confident heading into your marriage. Here are some reasons to strongly consider this agreement.

Protection Of Your Assets

The biggest reason to favorably view a prenuptial agreement is for its ability to protect your assets. For example, if you have $50,000 in investments when you get married, and you earned and wisely invested this money before you even met your soon-to-be-spouse, you may not like the idea of having to give away a percentage of it should your marriage break down. With the help of your family attorney, your prenuptial agreement will stipulate that you're entitled to keep the full value of your assets and other investments in the event of a divorce.

Agreement On Alimony

People often risk having to pay significant amounts in alimony upon getting divorced. When you go to court over alimony, a good family attorney will fight for your rights — but a judge ultimately makes the decision on what you'll have to pay. To avoid high alimony payments should you get divorced, you can specify in your prenup what you'd be willing to pay. You and your family attorney will discuss what you feel is reasonable, and your soon-to-be-spouse will have to sign off on this amount before you get married. For example, you might stipulate that you'll pay $2,500 a month — which protects you from a judge perhaps ruling that you have to pay more.

Specification Of Your Post-Death Wishes

While a prenuptial agreement isn't a will — but your family attorney can help you with that document, too — you can use it to specify some of your intentions in the event of your death. For example, when you die, the stipulations in your prenup are legally binding. If you've outlined that you want a classic car that your parents once owned to go to a museum, your spouse or children won't be able to lay claim to it. Speak to your family law attorney for help with drafting up a prenuptial agreement.


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