Invalid Provisions In a Premarital Agreement

Premarital agreements are governed by state law. Therefore, the law of the state in which the spouses reside determines what may and may not be included in a premarital agreement. While the law varies by state, there are a few generally applicable rules regarding what spouses may not agree to in a premarital agreement.

Divorce and Debt Division

During divorce proceedings, couples not only have to divide up their assets but they must also divide their debts. There are various types of debt that must be divided during divorce proceedings.

Tax Considerations Relating to Child Support

For federal income tax purposes, payments of child support are not tax-deductible by the parent who makes the payments but child support is tax-free to the recipient. In order to qualify as child support, the amounts an ex-spouse receives must be designated as child support in the divorce or separation agreement. None of a payment that is lumped together as either family support or alimony is considered child support for tax purposes. In addition, family support or alimony is taxable to the recipient.

Self-representation In a Divorce Action

There is no requirement that parties to a divorce action hire an attorney to represent them during the divorce proceedings. Either party or both parties may represent themselves during their divorce proceedings. Whether one chooses to represent themselves or hire an attorney, is a personal choice. One should weigh the advantages and disadvantages involved in self-representation.

Domestic Violence and Custody Issues

Domestic violence is conduct perpetrated by a spouse, family member, or any other person residing in the household. The State does not get involved in domestic violence issues unless the abuser has violated a criminal statute such as assault or battery. Violent events in the household constitute domestic violence if the victim is a family member or lives with the abuser.