Legal Issues in Life Stages

From getting married to buying a house, having children and retiring, life is full of legal troubles at different stages. Learn more about what to expect here.

Legal problems can arise at any time. However, certain legal issues are more likely to arise at certain stages of a person’s life. Younger adults may face problems with their finances when planning to get married. Parents may have specific legal questions regarding their children. If married parents divorce, they may face questions about child custody and child support. Legal issues may arise regarding end-of-life care and distribution of assets following the incapacity or death of a family member. Regardless of when these legal questions will arise, it’s never too early to start planning for them, or at least to think about how to plan for them. Below are some common legal issues related to certain stages of life.

What legal issues are often encountered before or after marriage or divorce?

A wedding is a joyful time, but planning for a wedding can be difficult. Fortunately, a wedding planner can handle most of the legwork for you.

However, planning a marriage can be more burdensome and possibly more important than planning a wedding. Taking care of a variety of legal issues before marriage can help a couple avoid difficult legal issues both during and in the future, such as divorce, serious illness or death.

marriage planning

Pre-Marriage Agreement or pre-marital is a contract between two people who are planning to get married. While the specific terms can vary depending on the laws of the state in which the couple lives, they can address a wide variety of issues.

Ownership is an important part of many premarital marriages. Most property acquired during a marriage is known as marital property or community property, depending on the state. Property owned by a spouse before marriage is their separate property.

A marriage contract may include terms such as:

• Confirmation that the particular property will remain the separate property of a spouse.
• Converting separate property into community or matrimonial property.
• A plan to divide the community or marital property in a divorce.
• Provisions for or waiver of child support or spousal support.
• Protection from a spouse’s premarital debts.

By definition, marriage contracts are signed before the parties get married. Married couples also have the option to enter into a contract on similar terms after the wedding. These are known as Postnuptial Agreements .

going through the divorce process

Almost every divorce involves the division of marriage or community property. Many divorces require finding child custody and child support, as well as separating shared assets and debts. Courts generally must approve any agreement that affects children to verify that parents act in the best interests of their children.

Common legal issues in divorce include:

• Alimony or spousal support: One spouse may be entitled to support payments from the other.
• Child custody: Parents can prepare a Parenting Plan that addresses where children will live, outline visitation rights with each parent through a Child Visitation Letter, and decide how to make decisions regarding education and welfare.
• Alimony: One parent can file a Request for Child support to the other parent. Usually, the parent with whom the child lives most of the time receives support from the other parent.

What are common legal issues parents or guardians face?

A parent or guardian of a child has a duty to provide shelter, food and clothing. They are also responsible for decisions regarding the best interests of the child when it comes to health and education. When minors are in legal trouble, parents or guardians can help them by getting legal aid or giving assurances to the court.

The parent or guardian is responsible for the well-being of the child, even if they have entrusted the child to someone else. A Child Care Authorization agreement may allow a caregiver to perform certain duties, such as picking up a child from school. Child Care Instructions can outline the caregiver’s responsibilities. Approval for Medical Treatment of a Minor can ensure that your child can receive the necessary care even if you are not present.

Additionally, parents may want to consider their estate plans and how they can protect their children in case something unexpected happens.

How can I prepare for the worst for myself and my family?

Estate planning is the process of deciding what you want to happen to your property when you die. However, it can also involve other decisions about what you want to happen if you fall short or are unable to decide for yourself. It can involve financial planning that can put things in order in case something happens to you or your spouse.

Financial planning for married couples deals with what to do if one of the spouses has an accident, gets sick or dies.

Talking about estate planning with your spouse, parent, children or other family members can be difficult, but doing so can also be very helpful. For example, an Advance Directive can help ensure that your or your loved one’s wishes are fulfilled in difficult medical conditions.

Some important estate planning documents to prepare include:

• A Last Will and Testament appoint a ruler or guardian to take care of your inheritance after you die. It also directs that person to distribute your property in a certain way.
• The Power of Attorney gives a person known as your representative the legal authority to act on your behalf. You can identify some of the strengths they have and don’t have. A Power of Attorney can take effect immediately or upon your inability. As long as you are not disabled, you can cancel at any time. If something happens to you and you do not have a power of attorney, your loved ones may find it difficult to handle your affairs for you. Parents can give their children a power of attorney to represent themselves if they get sick.
• The Power of Attorney for a Child authorizes a person to act on behalf of a minor if their parent dies or becomes incapacitated.
• Living Trusts create a new legal entity to hold a person’s property. When that person dies, the living trust can distribute property to their heirs or beneficiaries more quickly than through the succession system.

While property planning may require some tough conversations, these conversations can be very important going forward.

What legal issues arise when buying, selling or renting a home?

Everyone needs a place to live. Unless you live with your family, you almost certainly have to rent or own a home. Each option has its own rights and responsibilities.

rent a house

Whether you’re renting for the first time or for the fifteenth time, different landlords have different rules and different lease agreements. As a tenant, your basic obligations in general are:

• Pay rent to a landlord or property manager.
• Keep the property in pretty good condition for the next tenant.
• Not to interfere with or disturb the rights of other tenants.

The landlord is likely to be responsible for repairs to most parts of the property, such as plumbing and electrical. When you request repair, you may want to send a Complaint Form to the Landlord to create a written record.

Most Lease Agreements are for a one-year term. You may have the opportunity to renew the lease for another year, but in most jurisdictions the landlord may have the right not to renew or increase the rent. If you decide not to renew, you may need to send a Notice of Termination of Tenancy. If you violate the terms of the Rental Agreement, you may be evicted or lose some of your security.

Buying and selling a house

When you buy a home, you are responsible for the mortgage, taxes, repairs and maintenance. The buying process typically involves finding properties through various listing services or websites and then visiting those properties in person.soluble. You can get help from a real estate agent, but this is not legally required. A Home Evaluation Worksheet can help you keep track of all the homes you see and choose the best one.

Once you’ve found the perfect property and are approved for a mortgage, a Real Estate Purchase Agreement can confirm that you plan to purchase the property from the seller. Obtaining a mortgage or financing from a bank or lender can be complex. Getting the best rates may require shopping, repairing a damaged credit score, saving a larger down payment, or other steps.

A few documents are particularly important when you close the sale:

• The seller may be required to sign a Guarantee deed that transfers ownership of the property to the buyer.
• The buyer may be required to sign a deed of trust that gives the lender the right to lien the property if you stop paying for the mortgage.

When selling a home, there are several legal considerations. From federal and state required disclosures to deals with your real estate agent, offers from buyers, and more, the process can be legally complex and the laws heavily dependent on where a property is located.