Divorce laws vary depending on the state you live in. Sometimes judges can extract sentences from another state in order to reach a decision. Circumstances vary widely, and each scenario has laws that cover it. In any case, divorce belongs only to that state. Things get complicated when a person gets married in a state, and tries to Divorce in Kannapolis NC. This process covers such broad topics as child support, child custody, spousal support, distribution of property and depth of division.
Most cases are resolved in the courts. The judge will take into account existing prenuptial agreements as well. When there is no documentation that previous agreements were made, complications usually arise. Statistically, in the USA, marriages last a little more than a decade. 9 out of every 10 cases are settled out of court. These must be handled by the court system in order to be legal.
Prenuptial Agreement
Although prenuptial agreements are legally recognized, they are rarely enforced. This is because most have very little legal merit. Both parties must have counsel present when the marriage contract is drawn up. Both sides should have the opportunity to consult with their attorneys prior to their endorsement. Sometimes the presiding judge will be present when an agreement is written. Their presence ensures neither party was forced to sign their prenuptial agreement. Some lawyers may record the proceedings too. Prenuptial agreements help manage and/or secure private property. It can also limit alimony amounts. In every state, prenuptial agreements are legal.
There are 5 important criteria for the prenuptial to be considered valid:
* Agreements are to be written. Verbal ones are invalid.
* These agreements should be voluntary.
* Full access to all terms is needed when the agreement is made, signed and notarized.
* There cannot be unilateral agreements or ones that greatly favor one of the two parties.
* It needs to be signed by all parties while a notary is present.
Divorce in Kannapolis NC in a very serious matter. This is especially the case when children are involved. Protect your child and your livelihood by contacting a professional. Contact Seth B. Weinshenker today for more information.
