The golden couple of country music, Miranda Lambert and Blake Helton have announced their plans to divorce.
LAMBERT AND HELTON DIVORCE
After four years of marriage, the golden couple of country, Miranda Lambert, 31, and Blake Helton, 39, have made plans to divorce.
“This is not the future we envisioned,” their representative said via statement. “And it is with heavy hearts that we move forward separately. We are real people, with real lives, with real families, friends and colleagues. Therefore, we kindly ask for privacy and compassion concerning this very personal matter.”
RELATIONSHIP AND MARRIAGE
The two met in 2005 at a CMT concert taping when they performed together. Helton was still married to his first wife at the time. Lambert and Helton were married in 2011 in Boerne, Texas.
That same year Helton became a judge on the singing competition show, The Voice.
In 2012, the two won song of the year awards from both the CMA and the Academy of Country Music for Over You. The song was written about the death of Helton’s brother. Just this year, Lambert won a Grammy for best country album for Platinum.
In a January interview with Marie Claire, the “Gunpowder and Lead” singer spoke about the marriage, saying, “I’m not sunshine and roses. Blake’s the happiest person on the planet. He pulls me out of my darkness… Literally, everything is the best about being married.”
RUMORS OF TROUBLE
The couple has adamantly denied rumors of cheating or marital trouble in the past, while also making light of the reports via Twitter. In 2013, after a tabloid magazine called into question the stability of the two’s marriage, Helton tweeted Lambert, saying, “I just read in a tabloid that our marriage is falling apart!” Lambert replied: “Oh no! Can’t wait to read if we make it or not.”
Though the reason for Helton and Lambert’s divorce has not been publicized, chances are the amount of time the couple were able to spend together played a factor. In the past they have mentioned that it’s hard to find time for each other with their busy schedules.
Last year USA Today asked Lambert about his marriage. He responded: “I’m happy. You’ll have to ask Blake how he feels.”
PRENUPTIAL AGREEMENT
According to sources close to the couple, a pre-nuptial agreement is in place for the couple.
The idea of a prenuptial agreement sometimes can be emotional, especially if you find out during your divorce that the prenuptial agreement before your marriage is invalid due to some simple mistakes.
AVOID MISTAKES IN A PRENUPTIAL AGREEMENT
If there are mistakes in a prenuptial agreement it can be declared invalid. Some common mistakes include:
- Same Legal Representation – Both spouses need separate attorneys to ensure each understands the prenuptial agreement independently of the other. This ensures the signing of the final prenuptial agreement is voluntary, without one spouse feeling as if they are being pressured into signing it.
- Signed Under Duress – If one party feels pressured into signing the prenuptial agreement, or if they were influenced by drugs or alcohol affecting their mental capacity, it can be invalidated.
- Signed Too Soon Before the Wedding – Don’t wait until the last minute to sign the prenuptial agreement. If the couple divorces soon after the wedding, an argument that one party was coerced into signing can be argued. The prenuptial agreement should be signed one to three months before the wedding to give the spouse sufficient time to think about and consider what they are signing.
- No Full Disclosure – Make sure the prenuptial agreement discloses all assets and debts.
- Child Support Provisions – Do not include child custody or support. If the couple divorces and children are involved, the court will rule in whatever is the best interests of the child and not what was in the prenuptial agreement. If child custody and support are included the whole prenuptial agreement can be invalidated.
- Biased – If the prenuptial agreement seems biased towards one spouse party, it can be decided it’s unenforceable or “unconscionable.”
- Unenforceable Provisions – If a prenuptial agreement has unusual provisions, such as who does the dishes or takes out the garbage, they can be deemed unenforceable, which will weaken it.
- Oral Agreement – A prenuptial agreement should be in written and multiple copies made. Each spouse and spouse’s attorney should have a copy of the prenuptial agreement.
- Ambiguous Writing – If anything is unclear, or there is ambiguous wording, the prenuptial agreement can be challenged in court.
MARITAL PROPERTY DIVISION
Lambert will retain ownership of the marital home in Nashville, and he will get their Oklahoma ranch.
If you’re going through a divorce, you’ll want to do everything you can to protect yourself financially. Doing so means completely understanding marital property division, and what is considered community or separate property.
DIVIDING MARITAL PROPERTY
Keep in mind that you are allowed to divide your marital property any way you’d like to. The only reason your state laws might play a role is if you and your spouse cannot agree to how the property will be divided and you need to go to court.
SEPARATE AND COMMUNITY PROPERTY
Separate Property: property that each spouse brings into the marriage. That spouse retains that after the marriage. This also includes property inhisited by a spouse during the time of the marriage.
Community Property: property acquired and income earned during the marriage. In the comment property states of Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin, community property is usually divided 50-50.
Remaining states use a property division principle called equitable distribution. With equitable distribution property is divided fairly (50-50). Occasionally the highis wage earner is given 60 percent to 75 percent of the property.
You’ll want to work with a divorce attorney in the state in which you are divorcing so they can help advise you on your state’s specific laws regarding property division.
PROTECTING YOURSELF
Regardless of how your marital property is divided, you need to protect yourself. Your ex might not make the payments for various reasons – lack of money, spite, illness. In that case you might need to return to court or various other means of collecting the lost payment. Because of that, it’s often advised that you protect yourself by getting cash in hand once the divorce agreement is reached. If it’s decided that your ex will pay you out following the sale of an asset, wait until the sale is final, and then ensure you get the money to finalize your divorce.
WORKING WITH A DIVORCE ATTORNEY
Divorce is one of the most difficult and challenging experiences a person will ever have to go through in life. It can affect all aspects of one’s existence, from your physical well-being to your emotional, psychological and financial stability. Divorce is never easy, yet it can definitely be made easier with the support and professional assistance of a skilled divorce attorney. Having worked within the field of family and divorce for over a decade within the state of California, San Diego divorce lawyer 619 Divorce has experienced a wide spectrum of cases involving divorce, spousal support, alimony, child custody and child support. With many years of combined experience working within this field, the lawyers at (619) Divorce are experts in the field of divorce and family law.
For advice on divorce, you need the expert law firm of 619 DIVORCE. Schedule a consultation today.
(619) DIVORCE
225 Broadway
San Diego, CA 92101
Phone: (619) 431-3131
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