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Recent Post Nuptial Agreement questions

I had filed for a divorce through my lawyer but me and my

I had filed for a divorce through my lawyer but me and my wife have decided to with a post nup. I don't want the extra expenses of paying the lawyer for canceling the divorce but wanted to do the cancelling if the divorce myself. Can you please advise on process for me to cancel divorce without having he lawyer do it

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Lucy, Esq.

Juris Doctor

31,994 satisfied customers
I would like to know what makes a financial agreement

Hi, I would like to know what makes a financial agreement between spouses legally binding. If we sign an agreement and notarize it, would it be useful later in court?JA: Since laws vary from place to place, what state is this in?Customer: VirginiaJA: Have you talked to a lawyer yet?Customer: No!JA: Anything else you want the lawyer to know before I connect you?Customer: How much do I get charged?JA: I'm not sure of the exact price, but there's only a $5 deposit. The rest of the price information will be on the page I send you to.Customer: If I don't get charged before seeing the page, it is ok.

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Loren

Juris Doctor

40,274 satisfied customers
Is there a legal document that I can get notarized that if

Is there a legal document that I can get notarized that if my husband is unfaithful to me in our marriage, he loses his right to everything... he walks out with only the clothes on his back...nothing else.JA: Because family law varies from place to place, can you tell me what state this is in?Customer: LouisianaJA: Has anything been filed or reported?Customer: noJA: Anything else you want the lawyer to know before I connect you?Customer: he has been unfaithful once, and just recently was caught sexting with another woman. I love him, but I am not a doormat...nor am I stupid to think he might not do this again. I'm trying to protect myself, and my children, from his bad decisions.

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Lucy, Esq.

Juris Doctor

31,994 satisfied customers
If I have been married for about 5 years, but have been

If I have been married for about 5 years, but have been together 7 years counting cohabitation. Does this extend the life of the marriage, and am I more entitled to support/settlement as per state laws and my postnuptial agreement?

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LawTalk

Attorney at Law

Juris Doctor

35,182 satisfied customers
In texas. Married. We never commingled anything in 14 years

In texas. Married. We never commingled anything in 14 years of marriage.. Always kept everything separate completely . Does community property still applies or is there room for exception?

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originallawyer

Attorney at Law

Doctoral Degree

1,650 satisfied customers
I purchased a second home as a homestead for my mother 1

I purchased a second home as a homestead for my mother 1 year after the date of my marriageI paid the down payment with the proceedings from the sale of a property purchased prior to my marriageThe property has my mother's name and mine on the titleOver the following 13 years of marriage I paid the mortgage with my salaryUpon divorce, would this be considered separate property?

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Ely

Counselor at Law

Juris Doctor

67,164 satisfied customers
I am going for a Post Nup with my wife as for specific

I am going for a Post Nup with my wife as for specific reasons she does not want a divorce at this point. We have a 7 year old daughter. Primary assets are main house, one rental property and 401K'sMain house worth 500K, Rental worth 190K, Retirement approx 350LI have a few concerns on the Post Nup. Should this be a post nup or a financial settlement. We foresee a Divorce within 3 years.My concerns are the following.1.Is it enforcable. I am scared that when it comes to the crunch it will not be enforceable. What actions can i take to make sure its enforceable. I need to be 100% confident that this is enforceable.2. We are putting in a child custody items in there as well with me getting 2 nights a week plus alternate holdidays. Is the child custody part enforceable.3. I want complete de coupling with her financially right away with this settlement.Actual divorce to follow.4. Typically when it comes to splitting the assets eg one person takes the Real Estate and the other the Retirement would the retirement be valued on a discounted basis as it is not a Liquid asset so would it be valued at a discounted rate after taex and penalty as if it is was sold right away.I am most worried about compliance especially on the Child Custody front. What if she moves with her new husband or boyfriend. I want to make sure I am protected and can a post nup having the child custody component be enforcable in a court of lawy. What protection would i have.

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FamilyAnswer

Juris Doctor

33,152 satisfied customers
Situation: Separated from spouse for 16 months, 2 minor

Situation: Separated from spouse for 16 months, 2 minor children, state of Virginia, wanting to get divorce doneOpposing counsel sent over a document which I expected to be a "Separation Agreement" or "Settlement Agreement". However the heading said "Post-Nuptial Agreement", which as I understand it, is typically used to create an agreement after the parties are married and want to protect assets individually, etc. but are not planning to get a divorce.I am preparing my response and have changed the header to "Settlement Agreement". I have carefully read the entire document and revised some biased language already. The following statement appears in the fourth paragra"WHEREAS, the parties desire hereby to determine and settle issues of child custody, visitation and support, as well as their respective property rights, and all other rights, claims and obligations arising from their marital relationship, without affecting the rights of either party to file a suit for divorce in a court of competent jurisdiction."My question is if the last part of the sentence SHOULD read: ".....claims and obligations arising from their marital relationship, IN ORDER TO FILE SUIT FOR A DIVORCE IN A COURT OF COMPETENT JURISDICTION."....since we are going to divorce. Or, does it make any difference at all.Thanks.

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Law Tutor, Esq.

Lawyer

Doctoral Degree

336 satisfied customers
I am preparing a divorce settlement agreement for my son who

I am preparing a divorce settlement agreement for my son who lives in the state of Virginia and heHe has been separated from his wife for around 17 months. I have a few questions:Opposing counsel titled his document "Post Nuptial Agreement". When I got divorced in Minnesota, my attorney crafted the agreement that was actually filed with the court; it was titled "STIPULATED FINDINGS OF FACT, CONCLUSIONS OF LAW, ORDER FOR JUDGMENT, AND JUDGMENT AND DECREE", and was in the typical format required for all family court filings. Both parties names appeared in the upper left corner below the state and county information, and the District Court information and Court File number appeared in the upper right corner.None of this formatting appears on the settlement agreement sent to my son. So, I am wondering if this is the way it is supposed be done in Virginia? Or, is their procedure and format different? Seems to me that a heading of "Post Nuptial Agreement" is ambiguous since the same heading could also appear on an agreement written after the divorce is finalized.And since it is not in the format consistent with documents filed with the court, it seems to me that the agreement would still have to be interpreted by someone and written into a "STIPULATED FINDINGS OF FACT, CONCLUSIONS OF LAW, ORDER FOR JUDGMENT, AND JUDGMENT AND DECREE" for the judge to sign.Just wondering if this attorney is trying to "pull a fast one" since he knows my son cannot afford an attorney to represent him.Any and all thought you may have would certainly be appreciated and helpful.Thank you.

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Lucy, Esq.

Juris Doctor

31,994 satisfied customers
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