Premarital/Prenuptial Agreement

A Premarital/Prenuptial Agreement (referred to as “prenup” for short) is a written contract between two people drawn up before marriage.  It generally details any and all property either party owns (along with any debts) and what each person’s property rights will be after marriage and sometimes whether alimony will be paid if the couple should divorce.  Also, a prenuptial agreement may state what is to be done about property distribution should one of them die.

Divorce

A divorce is the termination of a marriage by legal action, requiring a petition or complaint for divorce (or dissolution in some states) by one party.  Some states still require at least a minimal showing of fault (grounds), but no-fault divorce is now the rule in which incompatibility is sufficient to grant a divorce.  The major issues in divorces are division of property, child custody and support, alimony (spousal support), child visitation and attorney’s fees.  Only state courts have jurisdiction over divorces so the petitioner/complainant can only file in the state in which he/she has been a resident for a period of time.  In many states, the time period from original filing for divorce and final judgment (or decree) takes several months to allow for a chance to reconcile.

From the legalities, divorce gives both parties the legal right to marry another.  A divorce also legally divides the couple’s assets and debts as well as determines the care and custody of their children.  Every state approaches these issues differently although most states use similar standards.

The most relevant issues to be decided during divorce proceedings are alimony or spousal support, division of marital assets, and, if children are involved, child custody, visitation and child support.

Grounds

The grounds for divorce are set regulations in each state that specify under what circumstances can either party be granted a divorce.  A fault divorce is a divorce that takes place on the grounds that one party can be considered at fault.  In several states, the couple must live apart for several months before they are granted a divorce.

Following is a brief explanation of a few of the many reasons for one party to be granted a fault divorce.

1. Adultery is a consensual sexual relation when one of the participants is legally married to another person.  In some states it is still a crime and is grounds for divorce for the spouse of the married adulterer.

2. Extreme cruelty is an archaic requirement to show infliction of physical and/or mental abuse by one of the parties to his/her spouse to support a judgment of divorce or an unequal division of the couple’s marital assets.  In some states, evidence of cruelty may result in division of property favoring the suffering spouse.

3. Infertility is the inability to conceive a child or carry a pregnancy to full term.  If infertility of the other party was not discussed prior to marriage, this can be grounds for divorce.

4. Abandonment means willfully leaving one’s spouse and/or children, intending not to return, without the abandoned spouse’s consent.