When choosing to get married, there are thousands of questions and not just those associated to the ceremony itself. Whereas the correct flower arrangements are vital, prior to you getting married you are also going to want to learn more concerning what affect the legal status of marriage is going to have on you and your soon to be spouse. You are taking the appropriate steps by asking these questions now so that you face less surprises after you say, your I do’s Below is a list of the most frequently asked question concerning marriage in addition to information concerning additional resources.
Q: What is the definition of marriage legally?
A: Marriage is typically defined as an agreement entered into by two individuals showing their intent to be spouses in the law’s eyes.
Q: My soon to be spouse and I are going to be getting married in a couple of months. What are we required to do in order to be thought of as married legally?
A: Marriage stipulations differ by state, but typically comprise of a license, blood tests, a grace period, minimum ages, a ceremony presided over by a clergy-person or a court officer, and witnesses.
Q: Who can carry out the marriage ceremony?
A: In a lot of states, a marriage ceremony can be carried out by:
- A judge, justice of the peace, magistrate, or court officer;
- A mayor (or city manager); or
- A religious clergy-person
Q: I’m getting married shortly, and I want to be sure that my savings account stays my own separate property. How do I accomplish that?
A: You should keep retaining all separate property separate during the marriage if you are worried about keeping it as your personal asset upon your passing away or divorcing. Typically, meaning you shouldn’t “commingle” property you owned before getting married with property you and your spouse obtain throughout the marriage, or it may become challenging — almost impossible — to legally establish which is which.
Q: My soon to be spouse and I want to devise a prenup agreement. How should we do so?
A: Prior to becoming involved a prenup, both, each party is required totally disclose their assets, income, and debts to the other, and they are required to be involved with the agreement sincerely, meaning that neither party plans to falsify the evidence or exploit the other. To guarantee that the agreement is going to be enforceable, it is suggested that both soon to be spouses to be represented by their own attorneys, that can counsel them on their responsibilities and rights. In reality, many states’ laws necessitate that each party be represented by an individual attorney in order for the agreement to be legitimate.
Q: What is “common law marriage”?
A: Common law marriages are marriages in the law’s eyes, if no formal marriage has taken place. In common law marriages, a couple is deemed legally married, regardless of not having a marriage certificate and/or license, a ceremony, if they fulfill particular requirements listed in the laws where they reside. Typically, the couple is required to live together and behave as spouses before they are going to be deemed in a common law marriage.
Q: I have been married to my spouse for almost twenty years, however, I’ve owned my business for more than twenty-five years. I realize that the income from the business is “community” property, but is the business on its own regarded as my separate property?
A: Not all the time. Don’t assume that a business you owned before you got married remains separate property after you got married. It might become subjected to community property laws. If your business increased in worth throughout the marriage because of your spouse’s assistance, your spouse may be entitled to a portion of the increase in worth in case of divorce or your passing. Such assistance can be clear — your spouse provided book-keeping services to your business — but they also can be more minute – for instance your spouse took care of the housework and children so you could focus on keeping your business running.
Q: Should we file a joint tax return?
A: Normally, filing a joint return is going to give you a better tax advantage. But in many cases, your combined income taxes on separate returns might be less than it would be with a joint return. Ascertain your tax both on joint returns and on individual returns pursuant to the community property statutes in your state. You are then able to assess the tax estimated under each method and take advantage of the one that has a result in a lesser tax. Bear in mind that when you file individual returns each of you must report one-half of the joined community income and deductions on top of your separate income and deductions.
When You Still Have Questions After This Marriage FAQ? Look for Legal Assistance
As demonstrated, there are significant frequently asked questions concern marriage, but there are also questions that soon to be spouses might not think about until after the fact. That’s where knowledgeable family law attorneys can help as most likely they have seen most issues that can come up after the wedding bells ring. Get a hold of a family law attorney near you today and you can get legal counsel based on your specific circumstances.
Marriage FAQ. Findlaw. (2018, November 14). Retrieved August 24, 2022, from https://www.findlaw.com/family/marriage/marriage-faqs.html
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