The end of a marriage can be a difficult and emotional time for all parties involved. The process of divorce can be even more challenging without a prenuptial agreement in place. The recent divorce proceedings of reality TV star Kenya Moore and her husband, Marc Daly, serve as a cautionary tale of the potential complications that can arise without a prenup.
In this blog post, we will delve into the ongoing Kenya Moore divorce and Marc Daly. Additionally, we will examine how a prenuptial agreement can simplify the divorce process. Lastly, we will look at Florida’s typical duration of contested divorces.
Marc Daly and Kenya Moore Divorce Saga Continues
Kenya Moore, star of the Real Housewives of Atlanta, recently revealed that she and her estranged husband, Marc Daly, did not have a prenuptial agreement. When asked by TMZ why her divorce has taken longer than expected, Moore replied, “No prenup, so yeah, unfortunately.”
Despite the time it has taken to finalize her divorce, Moore has remained tight-lipped about when it may be completed. Jokingly, she said she hopes to have a “hot girl summer” before the process ends.
In the past, Moore has explained that her divorce has been at a “standstill.” During the Season 14 reunion of RHOA, she stated, “He’s not asking for anything at this point. It’s just at a standstill, so it will continue until we get a trial date or settle.”
Moore filed for divorce in May 2021 after nearly four years of marriage and one child together, their 4-year-old daughter Brooklyn. Although the couple had initially kept their marriage out of the public eye, secretly getting married in June 2017, after Daly made his debut on the show, the pair were shown publicly arguing over their relationship.
In November 2021, Moore spoke to Page Six about her feelings on her marriage and the divorce, saying, “I felt lost in my marriage. I lost myself, I lost my voice, and I lost a lot of my confidence and self-esteem because of everything that was happening with the relationship.” However, she has tried not to let the ongoing divorce process get in the way of her personal life, saying, “I’m definitely doing some group dating and have people pursuing me, but nothing serious yet.”
Still, the ongoing divorce has to put a damper on things. And nearly two years after she filed for divorce, she has still not seen any resolution.
How Long Do Contested Divorces Take in Florida
In Florida, there are three main types of divorce: simplified, uncontested, and contested. A simplified divorce is the quickest option, taking only 30 days. An uncontested divorce, where both spouses agree on the terms of the divorce, may take anywhere from 4 to 6 weeks. However, if there are disputes between the spouses, the divorce becomes a contested divorce, which can take much longer. Depending on the nature of the disputes, a contested divorce in Florida can take up to six months, a year, or even several years to be resolved.
Another important factor to consider is whether there are children involved in the divorce. If both spouses agree on custody, child support, and parenting plans, the divorce can proceed as uncontested. However, if there are disagreements between the spouses regarding their children, the divorce may become a contested divorce, which can take longer to resolve.
It’s worth noting that Florida does have a waiting period for divorce. Once divorce papers are filed, there is a 20-day waiting period before the divorce can be finalized.
So, what if you’re looking for a “quick” divorce in Florida? One option is to consider a Simplified Dissolution of Marriage. This type of divorce typically only takes 30 days, and is available to couples who have lived in Florida for at least 6 months, have no children, and are not seeking alimony. If both spouses agree to the divorce terms, this may be a good option for them.
How a Prenup Can Make Divorce Easier
Defining Asset Division with Prenuptial Agreements
One of the main benefits of a prenuptial agreement is that it can take the emotion out of the divorce proceedings. Divorces can be an emotionally charged time for both parties, and discussing the division of property and assets can be difficult and contentious.
However, by having a prenuptial agreement in place, the couple had already discussed and agreed upon the division of assets at an earlier date when they were on better terms. This can make the process of divorce less stressful, as the couple does not have to argue over property and assets.
Securing Protection for Both Parties
Another benefit of prenuptial agreements is that they protect both parties in the event of divorce. Without a prenup, couples may engage in expensive and time-consuming legal battles over property and assets. With a prenuptial agreement, both parties are protected, as the terms of the agreement are legally binding. This can save couples thousands of dollars in legal fees and expenses associated with divorce.
Protecting Against Hidden Agendas in Marriage
Additionally, prenups can protect couples from any ulterior motives, such as one partner getting married with the intention of divorcing and obtaining a large settlement. Finally, by having a prenuptial agreement, couples can identify and address any potential red flags early on and ensure that they are both on the same page regarding their expectations and plans for the future.
It’s worth noting that the prenuptial agreement can’t cover everything. The court will still decide some issues like child custody and support, alimony, etc. Therefore, while it can be beneficial to have a prenuptial agreement, it’s important that both parties enter into the agreement voluntarily and with full disclosure of their assets. It’s also recommended to seek legal advice before creating a prenup.
Drop Us a Line
If you’re on the fence about getting a prenup (or a postnuptial agreement), take this Kenya Moore divorce as a cautionary tale. It’s not an easy discussion to have, but if you and your spouse can agree on the terms of a prenuptial agreement, you could save yourself a lot of time and money.
Need help with a family law matter? I am here if you need to talk. Get in touch with me today.
About the Author: Helena Y. Farber is an attorney in Aventura, Florida, whose practice is concentrated on divorce and family law. She can be reached at (305) 520-9205 or via email at hyf@farberlawpa.com. Disclaimer: This blog is provided solely for educational reasons and to provide you with general information and a general grasp of the law, not to provide particular legal advice. By using this blog site, you acknowledge that you and the blog do not have an attorney-client relationship. The Blog is not intended to replace competent legal counsel from a certified professional attorney in your state.