A Prenuptial Agreement is an agreement entered into by two parties who may be about to become spouses, for the purpose of specifying what property belongs to what party. This agreement usually provide for a division of the couple’s property in the event of a divorce.

Legal Separation Many questions arise about whether a couple can obtain a legal separation instead of a divorce, and what the differences may be in those two proceedings. Generally, separations are informal. The couple simply decides to live on their own under some informal agreement with respect to property, alimony and/or child support and custody.

One of the first questions to figure out is whether you want a divorce. It is important to realize that the legal system is not a form of counseling, and lawyers are not well equipped to help people determine whether they will need a divorce. The legal system should be considered the final act, after all reflection, analysis and counseling results have been considered.

Once you have made an informed decision that you will seek a divorce, the next question to decide is whether it will be contested or uncontested. One of the main reasons to make this determination is so that you can decide how to proceed legally, and so that you can obtain some idea of how much this process will cost.

Understanding the Community Property Concept

Community property is property that is acquired after the date of the marriage by the joint work, sacrifice and stress of both you and your spouse. Each spouse owns one half of these assets, whether they are divided, divisible or not. This ownership interest defines what each spouse owns during the marriage.


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