By FindLaw Staff | Legally reviewed by Laura Temme, Esq. | Last reviewed June 25, 2023
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For some couples embarking on marriage, it makes sense to consult with an attorney. There may be debts, property, or child custody issues at play. You may only need a single attorney consultation. These resources provide general information about the process of hiring a family lawyer, the most common reasons couples hire attorneys, finding legal counsel in your area, and more.
Legal topics related to marriage can include:
If any of these legal issues are waiting for you before your marriage, you need legal advice. Don't leap into marriage without resolving problems that could derail your marriage before it begins.
Getting Married: Do You Need a Lawyer?
Not every marriage needs a family law attorney. You can usually complete the basic court forms, pay the court fees, and get the marriage license without trouble. However, there are situations when professional legal information is essential.
A prenuptial agreement, also called a “prenup" or premarital agreement, is a legal document that protects the property of the parties acquired before or during the marriage. For instance, if one person already owns a house, a prenuptial agreement can keep the house in that person's name.
States have many legal requirements for how to draft a prenup. Parties should not try to write their own. This is an area of law where attorneys may specialize. Check with your family law attorney to find someone who can write a good prenup and explain it carefully.
Couples might schedule a marriage ceremony before the divorce process from their last marriage has finished. This is a mistake. There are many steps to concluding a divorce. The parties cannot remarry until the judge signs the divorce decree.
Some issues you need to discuss with your attorney include:
So, while you don't need a lawyer in most situations, it's important to consult with one if you have any doubts or concerns about the legal ramifications of your marriage. For instance, those planning a destination wedding must know whether the marriage will be valid upon return to the United States and whether there are any additional steps.
A small number of jurisdictions still recognize common law marriage. States with common law marriage include Texas, Colorado, and South Carolina.
In a common law marriage, the couple does not formally wed. Instead, they live together and “hold themselves out" as husband and wife for a statutory period. They still have to go through the divorce process to terminate their marriage.
The parties must complete the standard legal documents for a divorce, plus affidavits declaring they were residing as spouses for the statutory period. There may be other requirements under their state laws. Anyone involved in a common-law marriage should consult a family law attorney before entering another marriage.
You should speak with an attorney who handles family law cases if you or your fiancé have specific legal questions. Most family law attorneys also handle divorce, child custody, spousal support, and child support matters. You also want to ensure the attorney you hire is a good fit; the lawyer who helped your friend may not be right for you.
You can begin your search by reviewing FindLaw's directory of family law attorneys in your area. It also might be helpful to search your state bar association for more information. The state bar site can tell you if the attorney has had any disciplinary action against them.
You can ask at your courthouse or local legal aid office if you need low-cost legal services. Many family law offices have sliding scales or offer pro bono services for couples who need their documents reviewed before marriage.
Whatever the legal issue in your marriage, getting aid can help. Marriage is even more important than other civil law cases since it impacts your loved ones and the rest of your life.
Click on a link below to learn more about getting legal help with your marriage.
You may want to find legal help if you have a question about marriage laws in your state or a particular legal dispute. Keeping a marriage together requires trust, patience, communication, and a little luck. You shouldn't have to worry about legal issues, too. Get legal help with marriage today from a local family law attorney.
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