Divorce is also known as dissolution of marriage, is the removal of a marriage or marital union. It is cancelling or re-organizing the legal duties & responsibilities of marriage, it is also getting rid of the bonds of the marriage between a married couple under the rule of the particular country or state like Reno Nevada. Divorce laws has a lot of variations around the world, but in most countries divorce requires a court order or other authority in a legal process i.e family lawyers. Issues included during a divorce are: child custody, child visitation or access, child support & division of property.
Difference between Annulment & Divorce
Annulment is a procedure within secular and religious legal systems for declaring a marriage null and void, unlike divorce it is usually retroactive which means that the annulled marriage is considered to be invalid from the beginning almost as if it had never been done.
Void vs. voidable marriage
A void marriage is a marriage which has no legal recognition. A marriage is automatically null but a declaration of nullity is required to establish this.
A voidable marriage is a marriage which can be canceled at the option of one of the parties. It is a valid marriage but it can be cancelled if contested in court by one of the parties in the marriage.
Seeking legal advice with a family lawyer in Nevada or any other states such as California prior to the marriage although uncomfortable especially for newlyweds on their first marriage, can be a little unsettling. Most of the time it is couples who are on their second marriage that proactively seek legal advice before tying the knot again. In these cases, what usually is drafted up for notarization before the wedding day is the prenuptial agreement.
Getting married is a big commitment and needs to be planned out properly. Having a prenuptial agreement set in place will protect not only the couple but also the children, and any family member in the case that a future divorce or death may happen. Not only does it stipulate the terms and agreements of the asset division, it may also contain the agreements for child custody and care as well as the terms of alimony or spousal support.
In essence, a prenuptial agreement is the divorce before actually filing for the divorce or when death happens. The terms and conditions that will apply when it is legally filed or in case of death will be coming from the prenuptial agreement.
Having the prenuptial agreement will definitely can be a huge sigh of relief but it can also backfire if the terms and conditions that were applicable years ago may no longer be applicable due to the current lifestyle and assets that both of the married individuals currently live with and have. One of the ways we can make sure all parties in the family are protected while a prenup is in place is by adding a sunset clause.
A sunset clause is a statement in which if inserted in an agreement, in this case the prenuptial, will cause that agreement to expire depending on the stated clause. There are two ways a sunset clause can be written up:
a.) Having a certain number of years pass and set as an expiration date while still in marriage
b.) Setting up phases or stages of a prenuptial agreement to expire (i.e. stating that asset allocation split is 70-30 in the agreement will expire and will no longer be followed if a divorce is filed once the date of the expiration passes)
This will cause couples to review their prenup once it reaches the expiration period or periods.
The Family Law Office of Leslie J. Shaw is dedicated to providing the highest degree of service, professionalism, and integrity. We offer creative solutions for complex divorce. As your trusted Reno divorce attorney, we offer full-service family law counsel.
Visit: https://www.ljslawoffice.com/ to consult with a family lawyer.