If you are confused by the term second parent adoption, you are not alone. Many find this term not only confusing but outdated as well as outright discriminatory. However, before we get into all the details we need to first define “second parent adoption.”  A second parent adoption is a legal procedure that allows a same-sex parent, regardless of whether they have a legally recognized relationship to the other parent, to adopt her or his partner’s biological or adoptive child without terminating the first parent’s legal status as a parent.

As per the legal presumption the parental rights over a child go only to the biological or adoptive parent of the child. Therefore anyone who does not have such a relationship with the child will need to technically adopt the child. This is precisely what is known as a second-parent adoption.

Why getting a second parent adoption might be right for you?

So under what context would a second parent adoption might be desired? The need for a second-parent adoption would arise where one partner is biologically related to a child, or where one partner previously adopted a child. The parent who is biologically related to the child or adopted him would be known as the “first parent” in this context. The other parent in such a context would be considered the “second parent.” The second parent would not have any rights when it comes to the child unless he/she formally adopted the child, under a second parent adoption. This is particularly noteworthy for same sex couples who can might need to undergo a same sex second parent adoption to protect their rights. Without such an adoption the “second parent” would not have any rights over the child.

A second parent adoption, therefore, would be a way to ensure that both parents are legal parents and have the same rights over the child in question. Such an adoption would secure the legal parental relationship as well as provide some important rights to the second parent like the right to :

• Consent to medical care for the child
• Make educational, financial decisions
• Protect the relationship with the child should something happen to the “first” parent

Besides from the aforesaid there are other contexts as well which would warrant a second parent adoption, such as:

• When a parent brings a children from one relationship to another
• When a donor sperm or eggs are used to conceive a child who is ultimately parented by those who are not biologically related to him.

While the process of how to go about a second parent adoption would vary depending on the state in which you are in there are some commonalities. Generally speaking, you would file an adoption petition with the local Family or Surrogates court which would then rule on it.

Contact same sex second parent adoption attorneys

If you want to protect your relationship with your child then a second parent adoption might be the best option for you. Therefore, it is very important to work with lawyers who are experts in handling such adoptions. Our team of lawyers here at Marler Legal Partners is well versed and experienced in handling such cases. We aggressively fight for the rights of our clients in order to get the best outcome for them. Call us today for a free consultation.

The post Second Parent Adoption in Same Sex Marriages appeared first on Marler Law Partners.

Domestic Violence is an unfortunate reality which many women and men face throughout the country. Domestic violence, contrary to popular notion, can be physical, verbal, mental and/or emotional. Missouri’s definition of domestic violence is widely encompassing, as domestic violence, under Missouri law, can consist of assault, abuse, threat of abuse etc.

How domestic violence can affect divorce proceedings

If you are someone you love is a victim of domestic violence, Missouri Law allows you to seek a restraining order or order of protection against the perpetrator. This order can direct the abuser to refrain from doing many things including: contacting you, coming within a set number of feet from you, entering upon the premises of your residence and employment, abusing you, etc. An order of protection would be enforceable in every state and also carries with it criminal penalties. Such an order can be sought at the same time as a divorce or custody case. Domestic violence can also have a wider impact on divorce proceedings and can play an integral part in divorce proceedings. Courts will usually take into consideration domestic violence when making decisions regarding division of marital property, child custody, spousal maintenance, etc. Custody of the child is decided as per the best interests of the child, under Missouri law. One of the factors a Judge will consider, when deciding custody, is domestic violence. The Judge will take into consideration whether one spouse has a proclivity towards perpetrating domestic violence, and if so then he/she might be denied custody of the child. An abusive parent can even be denied visitation rights to visit the child, even without a hearing.  Further, a finding of domestic abuse requires a showing of rehabilitation in order to later modify a child custody order.

Filing for divorce based on domestic violence

If you have been a victim of domestic violence you can file for divorce, which is called a dissolution of marriage in Missouri. While Missouri is a no-fault divorce state, Domestic violence is a common reason for individuals seeking divorce in Missouri. Dissolving a marriage will end the marital relationship, put a child custody and child support order in place, as well as divide assets and debts.

In order to file for divorce you will need to file a Petition for Dissolution of Marriage. This is a legal document which asks personal questions about your marriage as well as the reasons for filing a divorce.

We also want you to know that simply filing paperwork regarding being a victim of domestic violence is not typically sufficient; you must be ready to prove it. You may be able to prove that you have been the victim of domestic violence through a number of ways. In Missouri, testimony of one person is enough to prove domestic abuse, provided the judge believes that one witness, and that one witness can be you. However, we typically present supporting evidence to bolster our case if it is available. There may have been a police report made if you had called the police or there may be medical records, or photographs of your injuries as well. There also may be eyewitnesses to your abuse.

Contact domestic violence attorneys

If you have been a victim of domestic violence at the hands of your spouse or partner and want to seek a divorce, then it is very important to work with lawyers who have experience in handling such sensitive cases. Our team of lawyers here at Marler Law Partners is well versed and experienced in handling such cases. We aggressively fight for the rights of our clients in order to get the best outcome for them. Call us today for a free consultation.

The post How Domestic Violence Impacts Divorce appeared first on Marler Law Partners.

While laws recognizing rape as a crime have been around for millennia, marital rape has only been recognized as a criminal category in its own respect very recently. 

Marital rape might be a confusing term, so it is important to first define what marital rape is. 

Marital rape is basically nonconsensual sexual intercourse between a married couple. Some might refer to it as spousal rape. 

Consent is required to have sexual intercourse, even between a married couple, otherwise it could be considered a case of marital rape. 

Various acts could fall under the umbrella of marital rape, such as forcing your spouse to engage in sexual intercourse, threatening or harming your spouse to make them engage in sexual intercourse, or using drugs to make them lose consciousness to perform sexual acts. 

Perhaps a textbook definition of marital rape is when a person outright forces their spouse into having sexual intercourse. However, in certain situations marital rape, can be more complicated than that. 

Oftentimes, marital rape allegations arise when a spouse may have expected consent due to a history of unspoken consent between the couple. Marital rape allegations can also arise when a spouse claims marital rape took place despite not expressing their lack of consent or making it obvious that they are not interested in sexual intercourse. 

Is Marital Rape illegal? 

Marital rape falls under the umbrella of state law as opposed to federal, and each state has its own laws regarding marital rape. While there is no specific law in Missouri which makes mention of “marital rape,” these cases falls under the category of rape in general.

Under Missouri Law, rape can either be first degree or second degree. 

Rape in the first degree occurs when a person has sexual intercourse with another person who is incapacitated, incapable of consent, or lacks the capacity to consent, or by the use of forcible compulsion. A person found guilty of rape in the first degree carries a range of punishment anywhere from 5 years to life in prison.

Rape in the second degree occurs when a person has sexual intercourse with another person knowing that he or she does so without that person’s consent. Rape in the second degree can be punishable up to 7 years in prison. If you are convicted of marital rape, you will also, likely, have to register as a sex offender. 

False Allegations Of Marital Rape 

Unfortunately, false allegations of marital rape are nothing new and are becoming more common. Being falsely accused of marital rape can ruin your reputation and life in many aspects. 

There could be many different reasons for falsely accusing someone of marital rape. Messy divorces or custody disputes might lead to false allegations of rape in an attempt to gain an advantage in the outcome of the case. 

Contact An Experienced Marital Rape Allegation Attorney Today

If you are facing allegations of marital rape, they absolutely should not be taken lightly. 

It is important to work with lawyers who are experts in defending allegations of marital rape. Our team of lawyers at Marler Law Partners are well-versed in defending such allegations. 

In fact, both Sara Marler and Ramona Gau are former prosecutors with extensive experience as criminal defense attorneys, so they understand what it takes to build a strong defense against allegations of marital rape.

Call us today for a free consultation. 

The post What To Do If Your Spouse Accuses You Of Marital Rape appeared first on Marler Law Partners.

This caused a lot of confusion to say the least, as a same-sex couple could have been recognized as being a married couple in one state but not in another. Another confusing aspect was that a same-sex married couple now residing in a jurisdiction which did not recognize same-sex marriages or divorces would have to travel to another jurisdiction if they wanted to seek a divorce. 

With the 2015 landmark Supreme Court decision, same-sex marriages, as well as any rights and privileges that come with it, are now the law of the land. 

A bitter reality for many marriages; however, is divorce, and same-sex marriages are certainly not immune to that (although, the same-sex divorce rate is lower when compared to the heterosexual divorce rate). 

According to at least one report, 15% of same-sex marriages end in divorce within the first 10 years of marriage, compared to 18% of heterosexual marriages.

Same-Sex Divorce Issues

The divorce process for same-sex couples is generally the same as that for heterosexual couples. However, when it comes to dissolving a marriage, there are multiple issues which could come up and would need to be dealt with. 

Some important critical topics which might need to be resolved when going through a same-sex divorce include: 

• The division of property: Any property, including real estate, personal property, bank accounts etc., may have to be divided. 
• Assignment of debt: If there is any debt in the marriage, it must be determined how it will be allocated.
• Spousal Maintenance: The issue of alimony must be resolved.
• Child support: It must be determined how much financial support any children must be given.
• Child Custody: It must be decided who will have custody of the child, as well as visitation rights. 

Some issues, however, are unique to same-sex divorces. If both parents are not the biological parents of the child who is the subject of the child custody dispute, then there could be some confusion on the rights of the non-biological parents in relation to the child. 

Spousal maintenance is another issue which could be tricky in same-sex divorces. Spousal maintenance is usually, partly, determined based on the length of the marriage. In the context of a same-sex couple who might have been together since prior to same-sex marriage being legal and only got married in 2015 or afterwards, the court will have to figure out which timeframe to apply when ruling on spousal support. 

Theoretically, same-sex divorce is handled under the exact same laws and statutes as other family law related issues. 

However, despite the landmark Supreme Court ruling recognizing same-sex marriage as well as the right to divorce, county and state officials could still create problems and difficulties for same-sex couples. Therefore, it is very important to work with lawyers who are experienced in working with same-sex couples. 

Contact Missouri Same-Sex Divorce Lawyers 

If you are going through a same-sex divorce, there will be many potential challenges to overcome. Therefore, it is very important to work with lawyers who are experts in handling same-sex divorce. 

Our team of lawyers at Marler Law Partners are well-versed and experienced in handling such cases. We aggressively fight for the rights of our clients in order to get the best outcome.

Call us today for a free consultation regarding a same-sex divorce or any other family law-related matter.

The post Same-Sex Divorce: What You Need To Know appeared first on Marler Law Partners.

It is important here to point out that a guardianship can be set up to not just take care of a child, but also for adults who might not be able to take care of themselves. Guardianship law is state-specific, and each state has its own legal provisions on it. In Missouri, the governing guardianship statute is in Chapter 475 of the Missouri Revised Statutes.

Guardianship of a Child 

The law assumes that the mother and father are, equally, the natural guardians of the child. Section 475.025,of the a mother and father are the natural guardians of their children and have control over “the custody and care of their persons and education.” Therefore, the law, naturally, assumes that the parents are the guardian of a child. Hence, , only authorizes the court to appoint a guardian for a minor child when the parents are unwilling or unable to undertake guardianship responsibilities. There could be many different reasons due to which the parents are unwilling or unable to take care of the child, for instance drug addiction, mental health issues, or any health-related problems. The pertinent provision specifically states that the Court may grant guardianship of a child under the following circumstances:

(1)  Where a minor has no parent living;

(2)  Where the parents or the sole surviving parent of a minor are unwilling, unable, or adjudged unfit to assume the duties of guardianship;

(3)  Where the parents or the sole surviving parent have had their parental rights terminated under chapter 211.

Who can be appointed as Guardian? 

Now that we understand the prerequisites of a guardianship, we now need to look at who can be appointed as a guardian over a child. As per RSMo section 475.045.3 the Court can appoint as guardian only someone who is most suited to the best interests of the child. It is also important to remember that the child does have a say in the matter. Consent must be obtained from a child, who is over the age of 14, for the guardianship appointment. Furthermore, a child, who is over the age of 14, can also select a guardian if neither parent is alive.

How is a Guardian appointed? 

Missouri law allows parents to nominate a guardian to take care of their child even when they are alive. Such a circumstance could occur if the parents are unable to take care of their child, for instance due to being extremely ill. However, such a guardianship cannot last for more than a year. Regardless of whether the child or the parents have nominated a guardian, the process really begins with the prospective guardian filing a petition of guardianship with the court. The petition must state why the guardianship is in the best interests of the child. This process will also entail providing numerous documents and varied pieces of information. This can include explaining why the parents are unfit to care for their child and why a guardianship is in the child’s best interests. If the child or the parents disagree over the appointment, they can contest the petition. 

Emergency Guardianship

What about situations where the existing guardian of the child is posing a danger to the child? Missouri law also allows for appointment of a temporary guardianship through emergency petitions. An emergency petition can be used in situations where the child’s safety might be under risk due to existing circumstances. For instance, there could be situations where the grandparents taking care of the child have had a sudden lapse in health or have become addicted to drugs, for instance, thereby interfering with their ability to take care of the child. In such a case a temporary guardian can be appointed for a brief period.

Duties of a Guardian

So, what are the duties of a guardian? A guardian must act in the welfare and best interests of the ward. The guardian is responsible for providing the ward with support, maintenance, and education as well as looking after their general needs.

As you can see there are many differing factors which go into setting up a guardianship and therefore it is important that all angles are covered.

Contact us today for a free consultation.  

The post An Overview of Legal Guardianship in Missouri appeared first on Marler Law Partners.

Thankfully we have a robust legal system to decide who gets child custody in case the marriage is dissolved. Child Custody law is state specific, and each state has its own set of pertinent rules/laws. The governing Missouri statute stipulates that the Court “shall determine custody in the best interests of the child.” Mo. Rev. Stat. § Statutes 452.375 (2). Therefore, the general standard when determining child custody is the best interest of the child.   

Different types of Custody  

The Missouri statute allows for different custody arrangements ranging from joint legal custody to sole physical custody or even a combination thereof. Some of these terms might be confusing so we will try to explain them to you.  

Under sole legal custody only one parent has decision making authority for the child whereas under joint legal custody both parents share the decision-making responsibilities. Under sole physical custody just one parent has a right to live with the child whereas under joint physical custody both parents are awarded periods of time in which the child resides with them. Under third party custody, as the name suggests, a third party is awarded physical and legal custody. Third party custody is generally awarded when the Court finds both parents to be unsuitable to be the custodian of the child. The governing statute allows the court flexibility in deciding custody specifics as per the circumstances of each individual case. Mo. Rev. Stat. § Statutes 452.375. 

Best Interests of the Child  

In looking at the best interests of the child to determine custody there are multiple factors which the Court will consider. Some of the factors include the child’s adjustment to the home, the relationship of the child with the parents, the wishes of the child, etc. Mo. Rev. Stat. § Statutes 452.375 (2) It is also worth noting that being convicted of certain felonies such as statutory rape or sexual misconduct involving a child, would mean that you essentially lose any custody or visitation rights. Mo. Rev. Stat. § Statutes 452.375 (2) 

The parties are also allowed to propose their own custody plan which the Court will factor into reaching a final determination. Mo. Rev. Stat. § Statutes 452.375 (2) For instance, you can propose that sole legal custody be allotted to you and that physical custody be shared.  

Modifying a Child Custody Order  

If after the Court has issued a child custody order and circumstances for you, the Opposing Party, or the child have changed, then you can request the Court to modify it.  Mo. Rev. Stat. § Statutes 452.410 However, a court will generally not modify a custody order unless it is shown that the child’s welfare warrants it. There could be new grounds or changes which might justify modifying a Child Custody judgment. There could be many examples of such a change, for instance if the parents were awarded joint physical custody but now the mother’s working hours have changed, and she is not able to devote the same attention to her child.  

It is also important to remember that just because you might not be granted custody does not mean that you are not allowed to see your child, the Court may grant you visitation rights to see your child. As you can see there might be many differing factors which might affect your child custody case and therefore it is important that all angles are covered.

Contact us today for a free consultation.

The post Child Custody and Divorce: What You Should Know appeared first on Marler Law Partners.

Before Children Can Be Relocated

Missouri’s governing statute defines “relocation” as “a change in the principal residence of a child for a period of ninety days or more, but does not include a temporary absence from the principal residence.” (Mo. Rev. Stat. § 452.377(1) (2000). Unless the court determines notice is not required due to special circumstances (such as the safety of either the relocating parent or child), written notice of the planned move must be delivered to any other party entitled to custody or visitation, via certified mail, return receipt requested, at least 60 days in advance. 

The notice must contain the following information: the planned city of residence, including the specific address and home telephone number, if known; the date of the planned move; a brief statement of the specific reasons for the move, and a proposed revised custody or visitation schedule. The document also must contain notice to the other parent that he or she has the right to file a motion objecting to the relocation within 30 days, accompanied by an affidavit “setting forth the good-faith factual basis” for the objection. § 452.377(2)

Because specific language ordering the above notice is now required to be included in every court order establishing custody or visitation, no parent who is planning to relocate can claim ignorance of the obligation. § 452.377(12) The law also takes the notice obligation very seriously: Courts can consider failure to give notice as a basis to modify custody and visitation, to order the immediate return of the child and to assess court costs and attorney’s fees against the relocating parent. § 452.377(6) However, the notice requirement does not apply when a parent moves with a child before a court makes an initial custody determination.

Burden on the Relocating Parent

A parent who wants to relocate with his or her child or children has the legal burden “to prove the proposed move is made in good faith and is in the best interest of the child.”  § 452.377(6) Missouri courts have tended to take a fairly broad view of what constitutes a parent’s “good-faith” motive to relocate with a child – basically anything other than an intent to disrupt or limit visitation with the other parent. However, the Missouri Supreme Court also has found that reduced frequency of custody or visitation is not an automatic bar to relocation, as long as the move is otherwise in the child’s best interest.

If the court permits the relocation, the judge is required by law to order “custody or visitation and telephone access sufficient to assure that the child has frequent, continuing and meaningful contact” with the other parent. The judge also is required to allocate transportation expenses between the parents and adjust child support, if appropriate. § 452.377(6) 

Filing an Objection to Relocation

While notice of relocation must be given to all parties entitled to custody or visitation with the child, which may include a grandparent or other family member, only the other parent can file a motion objecting to the relocation. As mentioned, the objection must be filed within 30 days of receiving the notice and must be accompanied by an affidavit stating a good-faith factual basis for the objection. Once an objection is filed, the relocating parent has 14 days to file a response, including a counter-affidavit and proposed revised parenting plan. § 452.377(8) The court then schedules a hearing where both sides are heard before an order is issued either permitting or denying the relocation.

Communication Is Key

As with every issue between parents involving the care and custody of their children, a willingness to communicate and reach an agreement in advance regarding a proposed relocation can save time and money, as well as stress on all parties involved. Missouri law allows parents to avoid a hearing by agreeing to a revised parenting plan, custody, and visitation schedule, which is then submitted for court approval, along with an affidavit signed by all parties. § 452.377(7)  

If you are a custodial parent planning to relocate with your children, we can help you prepare and deliver the required notice and negotiate a revised custody, visitation, and parenting plan with the other parent.

If you have received a notice of relocation and have concerns that the proposed move will not be in your child’s best interest, let us help you evaluate those issues to determine whether you have a valid legal objection or whether we can mediate a revised parenting and custody plan that will address your concerns.

Contact us today for a free consultation.

The post Are Objections to Relocation Effective? appeared first on Marler Law Partners.

1) Where Do I File for Divorce?

To file for divorce in one of Missouri’s 46 circuit courts, either you or your spouse must have lived in the state, or have been stationed in the state as a member of the armed forces, for at least 90 days prior to the filing. A “Petition for the Dissolution of Marriage” must be filed in the county where either “the petitioner” (the spouse who files the petition), or “the respondent” (the other spouse), resides. However, if the initial petition is filed in the county where the petitioner lives, the respondent can file a motion asking that the case be moved to the county where he or she resides, if the children have resided in that county for the previous 90 days or more, or if transferring the case to that county serves the children’s best interest. The factors the court must find to determine if the children’s best interest is served by transferring the case are whether “the children and at least one parent have a significant connection” with the county and whether “substantial evidence” exists in the county “concerning the present or future care, protection and personal relationships of the children.”

2) Do I have to state reasons for the divorce?

Missouri is considered a “no-fault” divorce state, meaning that state law does not require a spouse to prove wrongdoing on the part of the other spouse in order to obtain a legal divorce. A divorce petition must only state that the marriage is  “irretrievably broken,” a term that is fairly broad and loosely defined in state statutes to mean “there remains no reasonable likelihood that the marriage can be preserved.” However, if the responding spouse denies under oath that reconciliation is not possible, the court can still find that the marriage is irretrievably broken, if the petitioner can prove one or more of the following facts:

• That the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent;
• That the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent;
• That the respondent has abandoned the petitioner for a continuous period of at least six months preceding the presentation of the petition;
• That the parties to the marriage have lived separate and apart by mutual consent for a continuous period of 12 months immediately preceding the filing of the petition;
• That the parties to the marriage have lived separate and apart (with or without mutual consent) for a continuous period of 24 months preceding the filing of the petition.

3) Will the Court Divide Our Property 50-50?

In divorce cases, Missouri courts are required to divide property and debts equitably, which means fairly, but not necessarily equally. Many factors come into play to further complicate this process. First, only marital property can be divided. Nonmarital property, which includes anything acquired by an individual spouse prior to the marriage as well as certain types of property acquired after the date of marriage, belongs to the spouse who acquired it and is not divided at divorce. Considering all the different types of property a couple may acquire over the course of a marriage – homes, land, bank accounts, cash, cars, furniture, collectibles, jewelry, investments, and retirement accounts, to name a few – determining a division that is fair to both spouses can be a tricky procedure. Courts will also consider other factors in deciding a fair split, such as each spouse’s financial situation, the value of nonmarital property that each spouse retains, how much each spouse contributed to the purchase of marital property, the custody arrangement for the children and more. 

4) Do I have to hire an attorney?

The State of Missouri allows you to represent yourself in a family law matter, but you are first required to complete a two-step “Litigant Awareness Program.”  Step 1 of this online program consists of reading written materials or watching a video pertaining to general courthouse procedure. Step 2 involves reading additional materials relevant to your specific family law matter. (For the specific links, click here.) If either the petitioner or respondent intends to represent themselves, they must first fill out, print, and present the court with a certificate verifying they’ve completed both steps of the “Litigant Awareness Program.” 

Once that process is completed, all of the forms required to file in a divorce proceeding for both the petitioner and respondent are available online. That may sound like an easy process, but forms required for the petitioner number more than 60 pages in total. Forms required to be filed by the respondent if a divorce is contested are also available online but can also be confusing and overwhelming. Filing fees, the method and manner of filing (electronic or hard copy submissions) and additional documents required to be filed differ among the 46 local circuit courts. If you choose to represent yourself, you alone are responsible for the accuracy of the information you provide the court. Even if you believe you and your spouse are in complete agreement on all aspects of the divorce, including division of assets and debts and child custody, support and visitation plans, mistakes in the filing process can be costly, both financially and emotionally as well, particularly when minor children are involved. 

Before you decide to proceed without an attorney, take advantage of the free initial consultation that we at Marler Law Partners and other firms offer to talk about the risks and benefits of going it alone in your particular case. 

5) How Do I Choose a Family Law Attorney?

You may decide that you would prefer to be represented by an attorney in your divorce case – or to hire an attorney for a limited purpose, such as reviewing agreed property divisions and parenting plans in an uncontested divorce or helping you understand and complete the online forms you would then file yourself. (Did we mention that one of our attorneys has served on the State Supreme Court’s Committee on Access to the Family Courts and is actually the chairperson of the committee responsible for writing the online family law forms used by self-represented litigants?) We have also written a separate blog post listing factors to consider when choosing a family law attorney to make sure you connect with someone who is qualified, experienced, and best meets your particular needs.

If you have any other specific questions or concerns, please contact us.

The post Top 5 Things to Know When Considering Divorce appeared first on Marler Law Partners.

A well-crafted prenuptial agreement can ensure that you and your children will be treated fairly should one of you die unexpectedly or should your “happily ever after” not end so happily.

The rules on prenups differ by state. However, more than half of states have adopted the Uniform Premarital Agreement Act, which addresses major legal issues pertaining to marriage such as spousal support, division of property, and child custody.

So, let us look at what makes an effective prenup:

How to get started

One key first step is to retain separate attorneys. While not all states require that each party has a separate attorney, a prenup is a contract between two parties with separate interests and goals. Generally, one lawyer cannot fairly represent the interests of both parties in that contract.

Having two attorneys also helps protect the integrity of the prenup and creates what is called an arm’s length transaction. You don’t want to get to a time where you need to use the prenup and a judge determines that its terms unfairly favored one of you over the other. Then, the prenup could be voided and the court would decide how your assets are divided, not you. That is exactly what you hope to avoid by creating a prenup.

In the same way, a prenup should not be drafted at the last minute before the nuptials. Again, a court may decide that the contract was signed under duress and void its provisions.

Dividing assets

Make sure all assets and liabilities are accounted for in your prenup to ensure that it is deemed valid.

Depending on the rules in your state, the spouse who brings a greater share of assets into a marriage may lose much of that property to the other spouse upon divorce. Under the terms of a prenup, a wealthy person and a person of limited means may marry with the understanding that, in the event of a divorce, each would take what they brought into the marriage. If the marriage was brief, this arrangement will often be upheld.

A well-written prenuptial agreement can supersede marital laws that would otherwise control the division of property, savings, and the right to seek alimony and replace them with an equitable division decided upon between you and your fiancé.

Remember the children

While one reason to create a prenup is to decide how best to divide your assets, another important consideration are your children, particularly your children from a prior marriage. Should one of you die unexpectedly, a prenup can specify what of your possessions goes to those children.

While prenups can pertain to a variety of child-raising issues (like who will do the rearing and what religion children will be raised in), prenups may not control custody or child support issues for children conceived during the marriage. In the event of divorce, those issues are under the purview of the family law court.

Sunset clauses

Prenuptial agreements often include sunset clauses in order to be fair to both parties, given that a marriage that lasts many years is likely to see the spouse of limited means invest substantial time and effort into advancing the couple’s financial position. When drafting the prenup, both sides may agree how long the provisions of the prenup will stay in place after the wedding.

What if we are already married?

The benefits of a pre-nuptial agreement are available to couples who have already married in the form of a post-nuptial agreement. The rules around post-nups are similar to those for pre-nups. In the same way, it’s best not to try to create a post-nuptial agreement if divorce is imminent, though similar goals can be accomplished through a court-ordered separation agreement.

Fair and valid

As you can see creating a fair and valid pre- or post-nuptial agreement can be complicated. Both you and your partner will need counsel well-versed in your situation and in family law. Marler Law Partners wants to help you do it right. Contact us for a complimentary consultation today.

The post Are Pre- and Post-Nuptial Agreements Effective? appeared first on Marler Law Partners.

However, the change itself is just the beginning of a process. You will need to notify a number of governmental and non-governmental entities to ensure you don’t create problems in the future. So, let’s look at the process to successfully change your name and ensure that everyone who needs to know is informed.

Why are you changing your name?

You don’t need to have a good reason to change your name, but you must not have a bad one. In other words, your intent may not be to deceive someone, for instance by taking on the name of a celebrity or to avoid a debt or to escape criminal liability. The courts also won’t allow name changes that use punctuation, numbers, or an offensive term.

Assuming your name is not a problem, and your intent is pure, here are some common reasons for legally changing your name:

• You’re getting married and taking your spouse’s name or getting divorce and reverting to your former name.
• You’re giving an adopted child your family name.
• You want your name to reflect a change in your gender.
• You are simplifying the spelling or pronunciation of your name.

Obtaining your name change

If you are not changing your name because of marriage or divorce, the law in your state may require you to get court approval for the change.

If you need to seek a court-ordered name change, the first step usually involves filing a petition with your local court clerk. In most cases, such petitions, when correctly filed, will be granted and you will receive a court decree approving the change.

Notification

Now that you have changed your name it’s vital that you notify the government as well as others. The first place to update your name is with the Social Security Administration. You’ll be instructed to file Form SS-5, which is available on SSA.gov or by calling 800-772-1213. If your name on your tax return doesn’t match SSA records, it can delay the IRS processing of that return and any refunds will take longer to receive.

The court will likely address in its order where you need to publish the name change and how much time you have to have it published.

You’re not done. Here are some other places you will want to report your change in name:

• Driver’s license, along with vehicle title and registration
• Voter registration
• Your employer
• Schools
• Selective Service System
• Health insurance
• Bank account, credit cards, and investments

Conclusion

Changing your name is not the most complex of legal issues, but it is important that it be done correctly to avoid long-term complications. If you are considering a name change,  Marler Law Partners wants to help you do it right. Contact us for a complimentary consultation today.

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