divorce documentsThis is the first post in a series of articles which will discuss the choice between a postnuptial agreement or a divorce for Las Vegas spouses. I am writing on this topic due to the fact that many married individuals are often unsure as to whether they wish to end the marriage. They may also be unsure, however, of how to protect their rights if they and their spouse are going their separate ways without divorcing. I am writing this series with the goal of providing information which will help people to better understand their options. It is also my goal to provide information which will assist with the selection of a family law attorney. If you are in need of assistance then contact my office today to speak with a lawyer.

I will be addressing multiple topics over my coming articles. Issues which I will analyze include the following:

  • The difference between a postnuptial agreement and a Decree of Separation/Separate Maintenance
  • The pros and cons of a postnuptial agreement over a divorce
  • The pros and cons of a divorce over a postnuptial agreement
  • The importance of retaining counsel to draft a postnuptial agreement

There are several reasons why I chose to address these particular topics. First, a postnuptial agreement is a contract which can be enforced when a divorce is filed, but it does not provide immediate protection as does a Decree for Separate Maintenance. Moreover, child custody can not be pre-determined through a postnuptial agreement. Second, there are instances where a postnuptial agreement may make more sense for spouses. Third, and conversely, there are instances where it may be more in the spouses’ interest to file for divorce. Finally, it is important that you seek representation when creating a postnuptial agreement. This will help to ensure that it is enforceable.

An important point I will be making throughout this series is that one should contact an attorney if they and their spouses are going their separate ways. Nevada is a community property state. If individuals are married then assets and debts continue to be “joint” even if they are not living together. This can lead to financial shock for a spouse in the event that divorce does come. By protecting your rights today, you help to protect your future. I am a Las Vegas family law lawyer who focuses solely on domestic relations cases. Contact my office online or by telephone today to schedule an initial consultation. We look forward to speaking with you.