Been married 6.5 years ... want divorce ... am I entitled to spousal support ... no children we are both retired, but he still works. Signed Pre-Nup. Attorney said I must get copy of Pre-Nup before he will represent me ... problem ... cannot find original anywhere in house, attorney who represented us giving me run around and he will not give me copy .... what is my next move?
Hi, I'm trained and experienced in family law, and I would love to help you through your current situation.
I'm so sorry this is happening to you.
It is what it is
what do I do next?
I understand. The two things to look at with spousal support are contract and need.
I have my own money
do not NEED
my concern is the Pre-Nup
If you waived spousal support in a contract, it will almost always be impossible to get. The same is true in the opposite (if he promised it to you)
ok no prob but I do not remember all that is on the document and am getting run around
how do I get a copy of the Pre Nup
Good question. Did you have it recorded?
Also, to note, for the need component, "the recipient must not be able to provide his or her own financial support and can not have enough property/assets to meet his or her own needs. (As a reminder, needs and desires are not to be confused)."
Fault is not considered as all states are no-fault now
understood he owns 2 ranches is reitred from civil service and has more money than I do
if recorded where?
understood that concept
Well, if there is no need, you will only receive the funds if there is a separate contract
It could be recorded in with the county recorder.
I just want out
and division of what law prescribes
Right, well you can check the County Recorder's Office to see whether it was recorded.
I'm so sorry that this happened to you.
all the attorney did was present me with Pre-Nup I remember reading it signing it and he "gave " it to him and he put it in his pocket
ok then would the attorney have recorded it
Usually Pre-Nups are not recorded, but kept as private agreements
so that it is a matter of public record?
It's possible he did, but unlikely
right and that is what has happened
what is my next step
I cannot do this divorce in Pro Per
If the attorney lost the prenup, you can sue him for breach of fiduciary duty/negligence
I'm so sorry this is happening
I need an attorney so ... WHAT DO I HAVE TO DO TO GET WHAT I NEED??????????
I do not know what state you are in, so I cannot advise you regarding community property, etc.
Sorry does not matter
I do not care about com/prop
just the Pre Nup and I am loosing my patience
been fighting this runaround for over a month
It is likely kept private, for which you can sue your attorney (if he lost it)
it is not my attorney
In Oklahoma, the law on prenups is Oklahoma Statutes; Title 43, Sections 121 and 134
would the attorney ... his ... have a copy and am I entitled to it
Yes you are
It is called discovery of relevant documents
ok getting better
now would his attorney who drew up document have this in file
and am I entitled to request a copy from him?
The standard in Oklahoma is as follows per the statute sections cited:
"Either spouse may be allowed such alimony out of real and personal property of the other as the court shall think reasonable, having due regard to the value of such property at the time of the divorce. Alimony may be allowed from real or personal property, or both, or in the form of money judgment, payable either in gross or in installments, as the court may deem just and equitable. The court shall also provide in the divorce decree that upon the death or remarriage of the recipient, the payments for support, if not already accrued, shall terminate.
The voluntary cohabitation of a former spouse with a member of the opposite sex shall be a ground to modify provisions of a final judgment or order for alimony as support. The provisions of any divorce decree pertaining to the payment of alimony as support may be modified upon proof of changed circumstances relating to the need for support or ability to support which are substantial and continuing so as to make the terms of the decree unreasonable to either party."
Yes you are.
ok So correct me if I am wrong
I may go to his attorney and request a copy of the Pre-Nup if he has it in my "husband " file
contracts ... copies .... would the attorney HAVE or obiligated to have a copy on file?
If he doesn't divulge them...
You can motion the court to compel discovery of those documents
(or subpoena duces tecum - which amounts to the same thing)
ok but the attorney here will not take my divorce case without a copy of Pre Nup
You should hire someone else, then.
I cannot control what he will or wont do
But, you can demand discovery of the prenup from the other attorney
That much I do know
oh? so I do not need to present a copy to an attorney ....
that is what I thought.....
Not all attorneys will require that before representing you
you see I have done a previous divorce in Pro Per
You've had bad experiences before.
ok bottome line this attorney does not want to be bothered
I'm sorry to hear that.
You have rights
...including a right to discover relevant documents.
that is ok I will just tell friends and you know how that goes
Is there anything more I can help you with?
so I have the right to a copy of my Pre Nup
I have the right to have his attorney present it to me
and I need to find another solicitor
You don't need to find another attorney but I would suggest it.
Otherwise, 100% correct.
that is what I needed to know
I'm glad to help.
Best of luck, my friend.
this has been the problem
thanks you made my day
now to shop for another attorney
yes I use to live in Cal
Best of luck
make my day
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