Documents a Family Law Attorney Prepares

Whether you are thinking about separating from your spouse, or are trying to make a decision between separating and divorcing your spouse, or annulling your marriage, then the person you need to talk to is a family law attorney in San Jose. There are a few different types of contract documents that you can talk about with a family lawyer, including legal separations, divorce agreements, and marriage annulments. Other documents that family lawyers will prepare for you include prenuptial and postnuptial agreements.

Legal Separations

Couples may opt for a legal separation agreement when their financial situation prohibits them from being able to afford a divorce. Legal separation is also known as a trial divorce and is a legal agreement that has many of the same advantages of a divorce without actually being divorced. Legal separations can determine how property is divided, make determinations regarding domestic support obligations, and custody and visitation. When you choose a legal separation, you may be able to waive the 60-day waiting period often required by a divorce.

Dissolution and Divorce

Divorce is also known as dissolution. This type of agreement involves a married couple splitting up. When a divorce or family law attorney prepares your divorce or dissolution paperwork, the terms of the documents will be laid out to determine those important items such as how the marital property will be distributed, as well as whether alimony and child support will be paid, for how much, and for how long. Hiring a qualified lawyer to help you get through your divorce is a good idea so that you can make sure everything is divided and/or shared fairly between parties.

Marriage Annulments

Marriage annulments are just like divorces, except that when couples choose to get their marriage annulled over opting for divorce, it is as if the marriage never happened to begin with. Marriage annulments will be granted in the event that a couple is unable to consummate their marriage or one of the partners hid a felony conviction, an addiction, or another serious matter for their spouse. There are other issues that might be cause for an annulment, such as if there was a significant misunderstanding between the parties that came to light after the marriage that the partners are not able to compromise on after the wedding.

Prenuptial Agreements

If you are getting married but have assets that you want to be able to keep for yourself in the event that your marriage ends in divorce, dissolution, or separation, then a prenuptial agreement may be the best solution for you. A prenuptial agreement allows you to keep your assets separated from your spouse. Although they often get a bad rap, having a prenuptial agreement in place before you are married can be a great decision. With the divorce rate being what it is, having a prenuptial agreement in place protects your personal assets in the unfortunate event that you do have to eventually divorce.

Postnuptial Agreements

A postnuptial agreement is virtually identical to the purposes of a prenuptial agreement, but is prepared after a couple is married rather than before. There are many different types of documents that you can retain a family law attorney in San Jose to prepare for you, whether you are getting married or ending a marriage. Talking to a qualified lawyer to help you determine which type of document your unique situation calls for.