Marriage is defined as a civil contract between two people who meet the legal requirements for getting married established by the state, which vary from state to state. Generally, to be married, two people must be of opposite gender. However, some states are in the process of changing the different sex requirement.
Not necessarily, but the benefits of having one are knowing that the contract is prepared correctly and that you have made an informed decision. The attorney will also be able to guide you in writing an agreement that is most mutually beneficial for both parties. Also, a prenuptial agreement prepared by an attorney is more likely to be enforceable because it is written in proper legal terms.
This depends on the state in which the wedding is taking place, because the rules vary from state to state. Numerous states ended premarital blood tests and/or physical exams, but some do require tests for illnesses such as rubella, tuberculosis, and venereal disease. In addition, since the boost in HIV and AIDS, many states call for marrying parties to be offered an HIV test and/or information on accessibility of AIDS tests. Currently no states mandate a premarital HIV/AIDS test.
This depends on the state in which the married couple lives, but in general the answer is no. In states where community property (property owned in common by both parties) is not acknowledged, such debts belong to the spouse who incurred them. However, a spouse may, in an extraordinary situation, become legally responsible for the other spouse`s premarital debts if in a state that does recognize community property.
Choosing to have or not have a contract is between those two people. If a legal contract is entered into, it is enforceable in the courts of most states. Preferably, have the contract written instead of verbal because a written contract is easier for the courts to enforce than a verbal contract is. Deciding who pays what bills is an issue where a contract is sometimes used.
If you are divorced it means that a judge has signed a “dissolution of marriage” declaring that you are no longer legally married to your spouse. Just as getting married is a “legal” act so is a divorce.
It depends. Some states offer a simplified version of divorce that may be available to you. In the states that do, it is usually required that you and your husband have been married for a short period, such as five years or under, have no children, only have a small amount of debt and do not own a home.
A QDRO is a court order that directs the administrator of a pension plan to give a certain portion of an employee’s pension to his/her non-employee ex-spouse after the divorce is final.
Any state agency or instrumentality with the authority to issue judgments, decrees, or orders or to approve property settlement agreements can issue a QDRO.
Under federal law, the administrator of the retirement plan that provides the benefits affected by the order determines if an order is a QDRO.
A QDRO can assign rights to retirement benefits under more than one retirement plan of the same or different employers as long as each plan and the assignment of benefit rights under each plan are clearly specified.
Yes, a QDRO must contain the following information:
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified family lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact an attorney in your area from our directory to discuss your specific legal situation.