Carolyn Goodman

Attorney At Law

DC Divorce: Who Gets the Dog?

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Pet CUstody During Separation or Divorce

Often pets become an issue when you separate.

We all love our pets and we consider them part of our family. This can be a difficult issue when you separate from your spouse.

  • Who will keep the dog?
  • Who will be responsible for daily walks, feeding, vet bills, making health decisions, etc.?
  • Will I be able to see my dog if my spouse has the family dog?

These are all important questions and can become a source of additional stress when you separate.  A Marital Settlement Agreement can include financial terms and other agreements related to the care of a pet after separation and divorce and whether or not the person who is not caring for the family pet on a daily basis still has visitation rights. You may want to consider who will be responsible for making health care decisions for your dog and whether the vet bills and dog-walking or boarding costs will be shared.

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DC Prenuptial Agreement Lawyer: Do I Need A Prenuptial Agreement?

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It is not unusual to feel some stress in bringing up the idea of a Prenuptial Agreement with your partner. However, if you approach a Prenuptial Agreement as a way to discuss your future financial life with your soon to be spouse this can help you start your married life with some basic agreements about your finances. 

The process of discussing the contents of a Prenuptial Agreement will help you to discuss issues you may not have thought about, which can lead to less friction over finances throughout your marriage.

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DC Divorce and DC Prenuptial Agreements

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Enjoy listening to a recent radio interview in which I speak about a variety of family law issues such as DC Divorce and DC Prenuptial Agreements.

I touch on topics such as DC Uncontested Divorce, DC Contested Divorce, DC Prenuptial Agreements, and an assortment of other issues, including information about documents to have in place before you marry.  There is also a discussion about negotiating settlements rather than spending a great deal of family funds on going to court where you may lose control of the outcome of your situation.

There is also a discussion about having a Prenuptial Agreement in place so you can work out how you will deal with your family finances once you are married.  In addition, the interviewer suggested that it is best to speak with a family lawyer/divorce attorney so you know what your rights are and what documents you should have.

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DC Cohabitation Agreements

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When you decide to live with someone, it is important to think about the issues that may come up if you decide to end your relationship. In the District of Columbia, when you live with someone, your relationship can become a common law marriage and you can be considered legally married, even if you do not intend to enter into a marriage.  A Cohabitation Agreement can specifically state that you do not intend that your relationship be considered a marriage with all the rights that go along with a marriage, such as support, etc. In addition, you may own property separately or purchase property together with your partner and if you decide that your living situation is not working out, this can lead to disputes that can be difficult and costly to settle.

A Cohabitation Agreement or a Living Together Agreement is a contract that sets guidelines for how your property will be divided if you separate. It defines your rights as a couple. It can also expressly state that you have no intention of marrying or if you decide to marry that you will sign a Prenuptial Agreement or just void your Cohabitation Agreement.   A Cohabitation Agreement can protect your separate property and income and can protect you from your partner’s debts.

A Cohabitation Agreement can also deal with the basics of how you will manage your household, for example, who will pay which bills, whether you will have a joint bank account, how much you will each contribute to monthly household expenses, etc.

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DC Prenuptial Agreement and DC Postnuptial Agreement

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Whether you call it a Prenuptial Agreement, a Prenup, or a Premarital Agreement, it is a contract between you and your future spouse that determines your financial rights and obligations if your marriage ends as a result of divorce or death.

Talking about a Prenuptial Agreement helps you and your fiancé openly discuss how you and your fiancé will handle your finances during your marriage.

It is best to discuss these issues as far in advance of your wedding as possible. You do not want to be talking about who pays for what and who will have ownership of which bank account when it is time to be talking about the menu for your wedding day.

If you decide that it is too close to your wedding date to start the conversation about a Prenuptial Agreement, you can wait and agree to work on a Postnuptial Agreement. It is a similar document that is signed after you are married.

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Can I Do A Prenuptial Agreement Myself?

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It is best to understand what a Prenuptial Agreement is in order to see that it is best to have the advice of a family lawyer to assist you.

A Prenuptial Agreement is a contract between you and your future spouse that determines your financial rights and obligations if your marriage ends as a result of divorce or death. It is also a useful tool for creating a financial plan to use during your marriage.

You can make agreements regarding how to handle your finances during your marriage and create peace of mind for each of you so you can avoid disputes.

Every situation is unique and it is best to have an experienced legal advisor to help you though the process.

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Is A Prenuptial Agreement Necessary?

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Whether or not to have a Prenuptial Agreement, commonly called a Prenup, is an individual decision.  Sometimes people tell me their parents have asked them to have one prepared because they will be receiving a sizable inheritance one day and want it to be protected.  What is clear is that a Prenuptial Agreement is not just for wealthy people or people with children from a previous marriage who are marrying again.  It is commonly being used by young people getting married for the first time.  If your marriage does end, having a Prenuptial Agreement will help to reduce the emotional and financial strain of a divorce.

There are many reasons why you may want to have a Prenuptial Agreement.

  • You may own a house or condo, a retirement account, a stock portfolio, or part of a business, or own a rental property and want to protect it.  You may be the beneficiary of a trust set up for you by your family.
  • You may be receiving an inheritance in the future or part of a family owned business and want to be sure that it will remain your separate property.
  • You may be helping pay for schooling for your future spouse and want to be certain you are not responsible for student loan debt if the marriage does not work out.
  • You may have children from a previous marriage and want to be sure they are protected.

There are many other reasons you may want to consider a Prenuptial Agreement.

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Washington DC Prenuptial Agreements

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Many people call and tell me that they will be inheriting money or other property and want to protect it in the event they get divorced.

Usually inherited money or property is considered separate property and is not divided if you separate and/or divorce. However, many times a person who inherits money or property puts that money into a new home or other property bought during the marriage.

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DC Prenuptial Agreements

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People who call my office ask me quite often whether they should have a Prenuptial Agreement.  The information below will give you some basics about what is included in a prenuptial agreement.

A Prenuptial Agreement or Premarital Agreement sometimes called a “Prenup” is an agreement entered into before you marry. 

It is an agreement in which you and your fiancé can set forth what will happen to your separate assets and debts and your joint (marital) assets and debts, in the event your marriage ends, either in divorce or death.  It is a contract that cannot be forced upon your future spouse or signed under duress.

Your fiancé must have adequate time to review the agreement and consult an attorney to be sure the provisions are understood.

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Questions And Answers

Your current situation has probably generated many questions. Here are some short answers to questions you may have about Divorce, Separation Agreements, Property Division, Child Custody and more.

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