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Recent family law questions

Samuel II We have been married years. We got married

Hi Samuel IIWe have been married for 16 years.We got married in Mexico. We are both USA citizens and have lived in CA for 19 years.He does not want to divorce me because of the financial issues that would be involve.He did ask me sign an ante nuptial agreement a day before the wedding, I did sign it. His sister is an attorney she gave it to me to sign. I never meet the attorney that represented me. His sister gave it to me to sign and I just signed.Is infidelity a cause a strong factor to obtain a divorce?I am sure he wouldn't want me to expose his affair.

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Alex J. Esq.

Managing Attorney

Doctoral Degree

 
21,178 satisfied customers
My boyfriend and I are planning to get married. Our question

My boyfriend and I are planning to get married. Our question is whether or not there is a difference between different states. Particularly, in terms of financial issues and community property, debt, bankruptcy, ect. We are currently located in MA, but we don't mind traveling to another state to get married.I appreciate if you could help us with this question.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

 
44,742 satisfied customers
Hi, just wanted to know if having sex with my ex husband is ok during divorce proceedings,

Hi, just wanted to know if having sex with my ex husband is ok during divorce proceedings, or will it negatively affect my petition?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

 
104,224 satisfied customers
I signed a settlement agreement in family law court. I agreed to 50:50 when my laywer was

I signed a settlement agreement in family law court. I agreed to 50:50 when my laywer was

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LegalGems

Juris Doctorate

 
12,212 satisfied customers
Hi. We are in NC. My ex husband and I have been divorced

Hi. We are in NC. My ex husband and I have been divorced for 4 years. We had a separation agreement that was agreed upon during our separation.We have one child.Our agreement specifically said it could not be incorporated into our divorce and it was to remain a contract between the two of us. I did a divorce packet since all of the work had already been done and I thought all we had to do was sign to say we were divorced. In the packet it gave me two choices 9. the parties do not have a separation agreement OR the parties have a separation agreement and wish to have it incorporated. We had one, so I checked of the second choice. It really needed a third choice that we had one and not to incorporate it. I didn't think I could leave it blank.So, during the divorce proceedings of our absolute divorce, the judge asked if we wanted it incorporated. We both said yes, but apparently in order to make changes to the agreement, both of us have to sign and I was the only one that signed. The judge did not read our agreement before incorporating it.1. Can an agreement be incorporated if it specifically says it can not be, even if we made the mistake and said yes to incorporating it?2. If there is a signature missing that is required, does this mean that it is not incorporated?Do you have any case law to refer to about this situation?Thanks,It's all so confusing.

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LegalGems

Juris Doctorate

 
12,212 satisfied customers
Do we have a chance with the arguments below.

Do we have a chance with the arguments below. I know it's long. I will tip. Also, I may submit it to different experts to get various opinions but I will tip everyone who reads it, understands it, and answers it thoroughly. This is so important to us. Thank you! Several sources cite nearly identical criteria for the invalidation of prenuptial agreements in GA. The following are our arguments supporting the invalidation of the prenuptial agreement between William XXXX and Cynthia XXXX in July of the year 2000. 1. Prenuptial agreements must include full disclosure of the assets of both parties. The document in question did not include this, nor were there ever any meetings to review the matter with representation present. Mr. XXXX has even been witnessed saying that he would “never” fully disclose his assets to anyone. 2. Before signing prenuptial agreements, both parties are to be provided ample time to review them and given the opportunity fully understand them. According to sources, ample time would be anywhere from a couple of weeks to a couple of months. However, Ms. XXXX was presented with the document as the couple was loading their baggage into their vehicle on the way to their destination wedding in Dahlonega, GA on July 5, 2000. This date was merely 2 days before the wedding and since they were leaving town, Ms. XXXX had no means of having them reviewed by legal representation before signing them. 3. Ms. XXXX felt coerced into signing the documents. Her only options were to sign the documents or face the public humiliation of having to cancel the wedding and send all guests, close friends and family, home. 4. When Ms. XXXX protested the signing of the document on such short notice and without prior knowledge of their existence, Mr. XXXX proceeded to orally deliver a false synopsis of the document’s stipulations. He promised her that the document only protected the Porter family’s business, an entity that Ms. XXXX never intended to claim rights to. He continued to promise her that the document did not exclude her from acquiring ownership of their home or any other assets. Mr. XXXX knew that this was very important to her. He knew he would have to misrepresent the facts in order to manipulate her into signing it, since on other occasions throughout their 9 year engagement she had been presented with and refused to sign ante nuptial agreements that did make such exclusions. 5. In the state of GA, signings of prenuptial agreements are to be witnessed by 2 other individuals. Exceptions have been made in events where one witness was present. However, in the case of XXXX and XXXX, there were no witnesses present during the signing. The document was improperly notarized days after the signing by Mr. XXXX’s office assistant. She, the assistant, dated the notarization for the date of the wedding (not the date of the signing). It is important to note that on the date of the wedding, Mr. XXXX’s assistant was not in the same city with the couple on the date she claims to have signed it, since she did not attend the out of town wedding. Therefore, not only was the document claimed to be notarized by someone who was not present during the signing, but it is also impossible that the date of the notarization be correct. It would have had to have been signed days later when Mr. XXXX returned from the wedding. 6. In the state of GA, prenuptial agreements may be invalidated if they are found to be unconscionable. If allowed to be carried out, the stipulations in the document would be grossly unfair to Ms. XXXX. She would be left without a means for providing herself even the simplest of necessities, including, food, shelter, and medical care. She would become a burden on the state by requiring welfare services. Not only would this be unjust but unnecessary considering the fact that her husband’s estate would be adequately able to meet the needs of all of its other stakeholders without excluding Ms. XXXX from her rights to a part of it. It would also be unreasonable considering that Mr. XXXX insisted on many occasions throughout the 21 year relationship that she allow him to be the sole provider for her and her young daughter (Ms. XXXX’s male children had a father who shared custody and assisted in their upbringing, so Mr. XXXX did not express interest in providing for them.) It is important to note that upon entering into their serious relationship in 1991, Mr. XXXX convinced Ms. XXXX to leave her current position at a bank in Hilton Head, SC to come and live with him at his home in Savannah, GA. He stated to her on more than one occasion that all of her needs would be met, that she would have a good life with him as her provider, and that she and her daughter would not want. However, she became an indentured servant of sorts and has remained that way for the duration of they're relationship.

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Michael J, Esq.

Solo Practicioner

Doctoral Degree

 
3,002 satisfied customers
i live in new york state and my wife left me and the kids 45

i live in new york state and my wife left me and the kids 45 days ago i am currently laid off that is why i have them most of the time, she takes them on our days off, and i found out recently she plans on going out on our annaversary weekend and wants me to stay home with the kids, i have them five days a week and pay all the bills and for the majority of their food,and clothing....WHAT RIGHTS DO I HAVE...

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LADY LAWYER

Owner of my own law firm

Juris Doctor

 
5,418 satisfied customers
My wife and I have agreed to divorce and I would like an opinion

My wife and I have agreed to divorce and I would like an opinion from an attorney about the division of liabilities outlined in our papers. We set up an LLC business (laser hair removal) several years ago where we are both listed as managing partners. However she has run and owned the business making all decisions and will retain the business as sole owner after the divorce.The business has a monthly laser lease and maintenance contract which totals about $3,000 month. She had signed a personal guarantee for the lease contract when it initiated.My wife feels I should be 50% responsible for this lease and maintenance contract and has listed the total amount of the contract (over $45,000) to community debt and either wants me to pay or assume $23,000 -or- use it as leverage to make me assume remaining community liability… taxes & credit card bill totaling approximately $10,000. Is this debt community property liability? Does her personal guarantee and business contract include me in the liability through this divorce?

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Dimitry K., Esq.

Attorney at Law

Doctoral Degree

 
46,548 satisfied customers
If I file for divorce first (adultery), does that help my chances

If I file for divorce first (adultery), does that help my chances at having equal custody and keeping my house? I don't want a divorce. If we do, I want it uncontested. But if she has made up her mind and sues me first, am I at a disadvantage?

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Phillips Esq.

Attorney

Juris Doctor

 
16,566 satisfied customers
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