Legal Question in Family Law in Indiana
I am considering marriage to my best friend/ roommate. We have known each other for seven years. We are not romantically involved with each other, but have considered the possibility of pursuing in vitro and starting a family, although not quite yet (I am determined to finish my doctoral studies previous to family planning). I have a number of concerns before making a final decision however. I have downloaded a prenuptial agreement kit online as well as read a little about them. I am wondering how necessary it is for us to have counsel in preparing the prenuptial agreement if we are in basic accord, and how likely it is to be disregarded if we do not each have independent counsel when preparing it but rather choose to do it ourselves and have it notarized. I'm curious also about debts and income - he has a significant amount of debt that has gone into collection. Obviously in the event of our marriage we would work on consolidating and paying off that debt, but I am curious to what extent his prior debts can affect my own credit and ability to continue my life largely unchanged. Our marriage would be on based on the benefits of health insurance and other job benefits that I have access to because of my education, and also on the possibility of raising a future child. He has completed highschool, and I have completed two years of doctoral study. He also was convicted of a felony several years ago and finds certain avenues of life difficult to traverse, whereas I find them much easier. I think that marriage would be enjoyable and mutually beneficial, but I want to be certain that our finances, debts, and obligations remain largely separate, and that in the event of a later disagreement I would not be likely to owe him alimony because of the difference in our income/class standings. I also am curious what role, if any, consummation plays in Indiana marriages. It seems to me that both marriage and subsequent divorce (if necessary) should be a relatively painless procedure given the agreements we have discussed as prerequisite, but I do not want to make an over-hasty decision that can damage my own prospects. I appreciate any counsel that I can get on these matters.
1 Answer from Attorneys
Interesting inquiry, You have a complicated situation with significant issues that may result in major potential financial exposure to yourself in the future. Although you are in agreement (now), you need to properly protect yourself in the event of disagreemnts in the future and should not be trying to do this without the benefit of counsel. A little expense now, will save you substantial exposure later. Good luck.
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