Eric S. Neumann, APLC
Family law attorney serving clients in Lafayette and throughout Acadiana
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Lafayette Divorce Blog

Have you ever considered a postnuptial agreement?

We've all heard of prenuptial agreements. As controversial as they are, many spouses swear by them due to the way they provide peace of mind. Some couples even say that their prenuptial agreement has helped their marriage be longer lasting and more stable.

But what about postnuptial agreements? These agreements are similar to prenuptials, except, instead of signing them before marriage, couples sign postnuptials after they've gone down the aisle and said, "I do."

Is divorce an option?

Couples in Louisiana face many differing perspectives on whether they should end their marriage. There are reasonable arguments on both sides on whether spouses should be one of the couples who divorce, which reportedly occurs every 13 seconds in this country.

Marriage is intended to strengthen and further relationships. However, marriages can be strained by infidelity, abuse or incompatibility that can cause physical or emotional harm. Divorce may be the best solution to end these strains. A spouse may even learn from the bad experience of their first marriage and find a better and more compatible partner in a second marriage.

No recess during divorce in Texas

Couples sometimes like to step away from divorce proceedings and revaluate whether they should end their marriage. However, Texas law does not make this does break easy for couples to reassess their situation.

In many counties, divorce and other family law matters may be placed on dismissal docket a few months after the action was filed. The court sets a dismissal hearing when this occurs. For the case to remain open, the spouses must demonstrate to the court that they are making progress on resolving issues.

When is a prenup needed?

A couple ending their marriage in Louisiana may have to face disputes over property division, especially in a high-asset divorce. Entering a prenuptial agreement allows couples to decide how their property will be divided, along with other issues, instead of leaving life-altering decisions to a family court judge during divorce proceedings.

A prenup is especially advisable in certain situations. First, a prenup requires disclosure of both parties' assets and can reveal that one spouse is much wealthier than the other. This agreement can demonstrate that the richer spouse is being married because of their qualities instead of their wealth.

The many costs covered by child support payments

Divorce is a complex legal matter, and it can become even more complicated when you add personal and professional layers to it. For example, members of the military that file for divorce have some added benefits, assets, and complications to deal with. Owners of businesses also have a lot of crucial questions that need to be answered.

And, of course, for married couples that have kids, a divorce will have the added matters of child custody and child support. For parents, divorce can be an anxious and stressful time -- but you should always uphold your responsibility as a parent during the process and look out for your child's best interests throughout.

Taxes follow divorce

Married or soon-to-be divorced spouses cannot escape tax complications. Divorce legal strategies can have different financial consequences.

Filing status impacts most divorced couples. Married couples usually file as married filing jointly or married filing separately. The categories for the year that the person becomes divorced are single or head of household.

Divorce and Social Security

Spouses in Louisiana undergoing divorce must plan for its financial consequences, consider the impact of dividing their property and arrange for their future financial security. Social Security retirement benefits, even if a long-term issue, have an important and may be impacted.

Many of the rules regarding Social Security are the same for married spouses. Generally, if spouses were married for less than 10 years, a spouse cannot claim Social Security benefits based upon their former spouse's work history. However, if the marriage lasted longer than 10, years, the spouse may claim these benefits.

Divorce doesn’t have to be terrible

Tell your best friends you are contemplating divorce and they will rush to comfort you. “That’s so sad,” they will say.

They are right – it’s too bad the marriage didn’t work out. But divorce is changing. Increasingly, clear-headed people are looking to uncontested divorce as a kind of reset button for their lives.


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