This is the next post in my series on the differences between creating a postnuptial agreement and going through a formal Nevada divorce. My last article discussed why one may choose a postnuptial agreement over a divorce. As discussed in that article, a postnuptial agreement provides a certain level of protection in the event that the marriage eventually ends. There are limitations, however, to those protections. Discussing your situation with an attorney is important in choosing the best option for your circumstances. In this article I will discuss why people may choose a divorce as opposed to simply drafting a postnuptial agreement. If you or a loved one are in need of assistance then contact my office today to speak with a lawyer.
A Nevada divorce provides greater legal protection than a postnuptial agreement
As I discussed in my last article, a postnuptial agreement can provide certain protections to spouses who wish to remain legally married. If one is certain that they want to end the marriage, however, the only way to do so is through a formal divorce. In addition to ending the marriage, a divorce will also provide the spouses with more protection than a postnuptial agreement in several areas. First, a divorce will put an order in place which will govern child custody and child support. This will help to prevent a number of disputes if the parties have children. A postnuptial agreement, by contrast, cannot include child-related provisions. Second, a divorce gives the spouses protections which are immediately valid and enforceable. This comes in the form of each spouse no longer being liable for the other’s actions under Nevada’s community property laws. This is different from a postnuptial agreement in which the parties do not have immediate rights but, instead, will only have rights that they can enforce at the time of a divorce. These are just a few examples of the greater protections
A key difference between a divorce and a postnuptial agreement is that the former formally ends the marriage while the latter does not. I have also discussed, as part of this series, filing for a legal separation as opposed to a divorce. While parties are free to remarry, it is important to understand the finality of ending a marriage. If spouses wish to remain legally married but have other reasons for needing legal protections (such as separation or asset protection), then it is important that they fully understand their options before taking action. With that said, it is important that spouses who need legal protection obtain it quickly as Nevada’s community property laws can leave them liable for their spouse’s conduct.
Las Vegas spouses should retain an attorney to complete their divorce
If you and your spouse have decided to end your marriage on amicable terms then it is important to retain an attorney to assist you with the uncontested divorce process. Counsel will take the time to go through all aspects of your situation and ensure that everything is covered in the divorce. The failure to include an asset, or some other omission, can leave the spouses having to return to Court at a later date. This type of future litigation can be time-consuming and expensive. By retaining counsel you can ensure that your case is handled correctly from the outset.
If you are in need of assistance then contact my office today to speak with a Las Vegas divorce lawyer. I practice solely in the area of domestic relations law and my office will give your case the attention it deserves. We strive to provide a high level of service and we are looking forward to speaking with you. Contact us online or by telephone to schedule an appointment.