what kind of a lawyer do i need when getting married?

by Lukas Donnelly 8 min read

If you and/or your spouse-to-be have specific legal questions or would like to draft a prenuptial agreement, you will want to speak with a family law attorney experienced in marriage. Most family law attorneys also handle divorce, child custody, spousal support, and child support matters.

Full Answer

When do you need a lawyer?

A real estate purchase, business purchase, and/or creation of a trademark or copyright will most likely involve a lawyer. Find My Lawyer Now! What Do Family Lawyers Do? Family law is law that involves family matters.

What is family law and do I need a lawyer?

Family law is law that involves family matters. These matters can include marriage, divorce, adoption, child support, custody and establishing parentage. In most cases, marriages do not require a lawyer but a prenuptial agreement should be reviewed by a lawyer.

How do I choose a lawyer?

In most cases, a lawyer will be chosen based on the type of case, or practice area, and the location of the case. Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases. Some lawyers specialize in one or two types, such as family and divorce law.

What do you need to do to get married?

Setting a date is really just the first step to get married. Make sure you and your spouse meet state requirements, like being of consenting age and unmarried to anyone else. You both will need various legal and personal documents to apply for a marriage license.

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What needs to be done before getting married?

Apply for a marriage license. For example, some states require you and your significant other to be at least 18 while others allow 16-year-olds to marry with parental consent. Be sure to apply for your marriage license well before the wedding because some states might take a few days to process and grant your license.

What changes after you get married?

One of the most important legal changes that occurs when you get married is the acquisition of “marital property”. Whether it is a house, boat, car, television, or just a coffee mug, any asset that is acquired by either spouse during the marriage may treated as a marital property in a divorce.

Does getting married affect your taxes?

Marriage can change your tax brackets When you are married and file a joint return, your income is combined — which, in turn, may bump one or both of you into a higher tax bracket. Or, one of you is a higher earner, that spouse may find themselves in a lower tax bracket.

What are the legal obligations of marriage?

The legal union of a couple as spouses. The basic elements of a marriage are: (1) the parties' legal ability to marry each other, (2) mutual consent of the parties, and (3) a marriage contract as required by law. See also Common-Law Marriage.

Does marriage affect credit score?

So credit histories and scores don't combine when you get married. And how your spouse uses their individual credit accounts can't impact your individual credit accounts. But if you have a shared account or you're an authorized user of your spouse's account, you could affect each other's scores.

What benefits do married couples get?

What Are the Financial Perks of Getting Married?Simplify Your Life With Joint Bank Accounts.Enjoy Increased Borrowing Power.File Together for Income Tax Benefits.Gain Social Security Benefits.Consider Combining Health Insurance.Investing for Retirement.Plan Your Estate as a Married Couple.

Will my paycheck increase when I get married?

The form asks whether you are single or married and whether you have any dependents. In general, married couples who file their taxes jointly will have less withheld from their paychecks than singles.

Do I have to tell the IRS I got married?

If you just recently got married, or have not been able to get your name officially changed, you should file your tax return using your previous name, so it will match all the IRS records. You must still use a married filing status, even if you have not formally changed your name.

Do I need to let Social Security know I got married?

Change of Marital Status - Marriage, divorce, and annulment of marriage. You must report marriage even if you believe that an exception applies. You return to work (as an employee or self- employed) regardless of amount of earnings.

Who should pay the bills in a marriage?

In a marriage, it's common for one partner to handle budgeting and bill paying and another to handle all the investments, or for one partner to do all the financial tasks.

Do you have to change your last name when you get married?

Your marriage certificate is a record of your marriage, not your new name or your title. Just because you marry doesn't mean that you automatically take a husband's name or that you are now a 'Mrs'. You have the right to choose the name you want.

What are wife rights?

Your Marital Rights right to receive “marriage” or “family rate” on health, car and/or liability insurance. right to inherit spouse's property upon death. right to sue for spouse's wrongful death or loss of consortium, and. right to receive spouse's Social Security, pension, worker's compensation, or disability ...

What can a family law attorney do?

Family law attorneys can help you understand the marriage requirements in your state, draft a prenuptial agreement (or "prenup"), and provide legal assistance for other issues pertaining to marriage. That said, you may be able to get by with just a single attorney consultation, too.

Is marriage a legal arrangement?

On some level, marriage is a legal arrangement between two people. It’s important to make sure each piece of this arrangement is done properly by getting the legal help you need.

Can an attorney work with both partners?

If you need more information about marriage requirements or if one party is a foreign national, for example, an attorney can work with both partners together. But for other legal processes in which one or the other's interests are at stake, such as a prenuptial agreement, each party needs to work with their own lawyer.

What Kind of Lawyer Do I Need?

When you have a legal or legal-related issue, you may not know what kind of lawyer to talk to, or whether to talk to a lawyer at all. Sometimes instead of (or in addition to) talking to a private lawyer, you should contact the government, such as the police or the district attorney (DA), or another type of professional, such as an accountant.

How Do I Find Out What Kind of Lawyer I Need?

When you have a legal or legal-related issue, you may not know what kind of lawyer to talk to, or whether to talk to a lawyer at all. Sometimes instead of (or in addition to) talking to a private lawyer, you should contact the government, such as the police or the district attorney (DA), or another type of professional, such as an accountant.

What Services Can Lawyers Help Me With?

A lawyer is a professional who is licensed to practice law by the governing Bar Association in the state where they practice. Lawyers are also known as attorneys when they represent clients in court.

What Types of Lawyers are There?

There are numerous types of laws in effect in the United States, with new laws being put into action constantly in our common law system. There are just as many types of lawyers who can help you navigate their specialty.

How Carey Leisure & Neal Can Help

No matter what kind of situation you find yourself in, the team at Carey Leisure & Neal is happy to help guide you in the right direction. We have worked hard to find the top local attorneys in each area of practice and would be happy to provide you with a referral.

What are the requirements to get married?

Legal Marriage Requirements. Each state has its own requirements for couples wanting to get married, including marriage licenses, blood tests, residency requirements, among others. Make sure you and your future spouse have fulfilled all marriage requirements in your state prior to the big day.

Why is it important to check the marriage requirements in your state?

It's also always important to check the marriage requirements in your state and/or to speak with a family law attorney because each state is different when it comes to marriage-related issues such as the legal requirements for marriage and the specifics of pre-marital agreements.

What are the issues that affect a marriage?

The success or failure of a marriage may hinge on how well the couple deals with issues such as financial assets, communication, conflict, parenting, spirituality, expectations, among others. It's important that future spouses fully discuss these concerns before getting married.

What happens when you get married?

When you get married, your property and finances will (to a certain extent) merge with those of your spouse. You should become familiar with what is and is not considered marital or "community" property, and understand how to keep certain assets as separate property, if you wish to do so.

Is it legal to get married?

You're ready to take the plunge and marry your sweetheart. While marriage is a time of joy and bliss, keep in mind it's also a legal agreement between two people. If you've navigated through the "getting married checklist" and need help understanding the laws in your state, let a family law attorney walk you through the process. Find a family law attorney near you for some peace of mind before tying the knot.

Why may you need a prenup lawyer?

Couples entering marriage can execute a prenuptial agreement which provides a contractual arrangement as to how the property will be divided in the event of a divorce.

What does a prenup lawyer do?

When looking for hiring a prenup lawyer, it is important to not only look for someone who is both skilled in understanding the nuances of family law but also someone who understands contract law.

Researching pre-nuptial lawyers in your area

The first and foremost question that arises is – How to find a prenup lawyer?

Hiring a prenup lawyer and starting the process

After researching the best prenup attorney in your area, reach out to as many as you feel to find the one who can meet your needs. Often, clients who wish to retain an attorney for an important task such as this will choose to interview several attorneys to get a feel for which one will work best for your requirements.

How old do you have to be to marry?

These can vary by state, but generally you both need to be: At least the age of consent in your state (which is 18 years old in most states, although in some you can marry when you’re younger if you have parental consent). Not too closely related.

What documents are needed to get a driver's license?

What documents do I need to apply for the license? In general, you’ll both want to bring the following to apply: 1 Driver’s licenses or passports (government-issued photo ID) 2 Birth certificates 3 Social Security number 4 Divorce decree if you were previously married and are divorced 5 Death decree if you were previously married and are widowed 6 Parental consent if you are underage

Can first cousins marry?

It depends on the state — some, for example, will allow first cousins to marry. Of reasonable mental capacity, meaning you both understand what you’re doing and the consequences of your actions. Unmarried to anyone else.

Is it legal to get married in a religious ceremony?

Keep in mind that these are the legal requirements for getting married in the eyes of the government. If you’re getting married in a religious ceremony, you may have additional requirements you need to meet. But this is what it takes to be recognized in the eyes of the law. After you’re married, you’ll undoubtedly have legal ...

1. You are Getting a Divorce

The legal process of a divorce is dependent on the state in which you live. Some states are so-called “community property” states, where material goods are divided equally, no matter why a couple is getting divorced.

2. You are Dealing with Custody of a Child

A family law firm is going to offer services regarding unpleasant family situations such as guardianship, child support, child adoption or domestic abuse. A family attorney is also usually going to be able to handle divorce settlements or be able to recommend an attorney for that purpose.

3. You Need to Write a Will

The execution of a last will and testament is the stuff of thousands of dramatic TV shows and movies. But the reality is very close to the artistic, in that a contested will can break up a family if handled improperly. Dying without a will can leave a sticky mess for someone else who has to clean up any legal problem.

4. You Are Buying a House

In most cases, it is not necessary to hire an attorney to purchase a home. However, 22 states in the U.S. require that homebuyers are represented by an attorney.

5. You Have Been Injured in an Accident

You’ve seen the TV ads. Legal representation in cases of personal injury in a public place, including a car accident, or workplace is indeed essential if you have medical bills to pay due to the injury. A personal injury lawyer can also represent you in cases where your injuries (head trauma as an example) do not become evident immediately.

What Does A Probate Attorney Do?

A probate attorney is basically an advisor to the beneficiaries of an estate or personal representative on how to handle any final matters of someone who is deceased.

What Are The Benefits Of Hiring An Estate Planning Attorney?

If you want to make sure all of your affairs will be handled with extra care, expertise and attention, you most definitely want to consider hiring an attorney. The benefits and security that come from taking this route produce a vast amount of benefits for you and your family.

How Do I Know I Need An Estate Planning Attorney?

Knowing when and for what reasons to hire an estate planning attorney can be challenging if you have never been informed of the appropriate circumstances in which to do so. Throughout your life, there are many things that can prompt the need to hire an estate planning attorney. Some of these things include:

How Much Does It Cost To Hire A Probate Attorney?

The important thing to understand when it comes to hiring a probate lawyer and how much it will cost you is that there are two separate areas of cost.

How Do I Find The Right Probate Lawyer?

When looking to hire a probate lawyer, it can be tempting to say yes to the first lawyer and jump right in to start going through the nitty-gritty of all the details immediately. While this may be time-efficient, it may be damaging to the long term results of your case.

What Happens If I Die Without A Will?

If you or someone you know unfortunately passes without having a will written, it means that you or this individual has died “intestate”. Laws that apply to this situation within your state will decide what to do with your property and assets and where they are distributed when someone is deceased.

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