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Recent Post Nuptial Agreement questions

I have a post nuptial agreement with my husband, for a

I have a post nuptial agreement with my husband, for a business I invested money in from the sale of premarital assets. He signed the post nuptial stating that all of it was mine and not his. He is now trying to get out of this saying that he didn't get financial disclosures. He has been on messages the whole time proving that he knew of all aspects of the business, and further, I have an email from 3 years ago outlining the future worth of my buisness, so when he signed the post nuptial saying it was all mine, he knew what he was committing to. He also filed all our taxes with his attorney, has my 1099, deposited checks for me, so my financial situation has always been known to him. I hid nothing. I am based in FL. Will my post nuptial hold up in court?JA: Since laws vary from place to place, what state is this in?Customer: FLJA: Have you talked to a lawyer yet?Customer: YesJA: Anything else you want the lawyer to know before I connect you?Customer: It's in my question abobe

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LegalGems

Juris Doctorate

18,150 satisfied customers
My mother and I,a married man, are purchasing a house in Los

My mother and I,a married man, are purchasing a house in Los Angeles.My mother doesn't want my wife to cash in later in the event of a divorce as a result of community property;Should we put it only in my mother's name or there is a way of having my wife sign a quitclaim with escrow now to exlude her form her 50% of the house in the event of a divorce?

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LawTalk

Attorney at Law

Juris Doctor

37,224 satisfied customers
My wife moved out of our house while I was out of town

My wife moved out of our house while I was out of town without informing me,what are my legal rights?

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RobertJDFL

Attorney

Juris Doctorate

14,658 satisfied customers
I am having a lot of marital problems and there is a high

I am having a lot of marital problems and there is a high probability it is going to end in divorce.My wife quit her job when she had kids and only has now after six years started working, that too part time. Does not make very much -- $25 per hour. I am very well compensated and due to my efforts our net worth is growing very fast. Plus as the duration of the marriage grows the amount of time I need to pay alimony increases. And since she makes next to nothing, I could have to fork over 30% of my compensation. The current duration of the marriage is eight years so she is entitled to 4 years already. But she could of course refuse to look for full time work or make a half hearted effort to do so and never find anything. I could become liable for 5, 6, 7, 8, 9, 10 years of alimony. There is no end to this.She is uncooperative to the extreme. She won't do a post nup, probably won't work on a separation agreement and won't work on a mediated divorce.I do not want to file for divorce as my kids are involved in all this and she will get custody. And have no where to go.The ideal situation for me is that we legally separate but live under the same roof where I continue to support the family. And try to reconcile. I do no want her to have legal claim to assets acquired after the separation date. I also do not want the alimony period to increase. I want to freeze everything. That's all.If we chose to divorce, at that time we can figure out division of assets acquired before separation date, amount and duration of alimony. Of course if I support her for many years after separation date and then we divorce I want the alimony period reduced accordingly.What are my options?

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AttyHeather

Attorney

Juris Doctorate

1,426 satisfied customers
I'm going to buy a family business, the note will be to my

i'm going to buy a family business, the note will be to my father. when i take possession of the business I want to protect it in case of a divorce (hopefully never happens) or something like that. Basically I want to make sure if I ever get divorced that I don't have to split my company with my wife. I'm wondering if a Living trust could do this or postnuptual or something like this.JA: Since estate law varies from place to place, can you tell me what state this is in?Customer: Michigan is where I currently live. The two companies are located in Californa and nevada.JA: Has anything been filed or reported?Customer: noJA: Anything else you want the lawyer to know before I connect you?Customer: no i don't think so. do i have to pay the lawyer?

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LawTalk

Attorney at Law

Juris Doctor

37,224 satisfied customers
Illinois Post Nuptial Agreement (PNA): After a 3-year

Illinois Post Nuptial Agreement (PNA):After a 3-year battle, I won a challenge by my ex regarding a post-nup (PNA). When I say won, the judge wrote a 17-page, appeal-proof, finding that referred to my ex a "completely incredible" witness. I say "appeal-proof," as a matter of opinion based on a couple of attorney's reviewing it and say as much. She woefully attempted to get claim 2 premarital businesses as hers and even had a PI tail on me (have no idea why in a no fault state and there was nothing to be found BTW).My attorney's fees were $50-60K+ throughout this. The PNA does not mention recovery of attorney's fees; in fact, I am to pay a % of hers, though it was not contemplated that she would oppose the PNA at the drafting after she, having legal counsel review, signed off. It specifically states that both parties agree to NOT challenge the PNA and that there is no duress.I would like to sue for breech of contract, seeking the damages of my attorney's fees I paid during the challenge. There is legal precedent for being awarded legal fees in Illinois, even though Illinois is generally a "pay your own fees" state. (see Duignan v. Lincoln Towers Ins. Agency).I know there is a Marriage Dissolution Act which governs in Illinois, but also contract law as well. What are you thoughts on a breech of contract suit?Thanks.

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FamilyAttorney

Appellate attorney & former trial lawyer

JD

2,392 satisfied customers
I want to divorce my husband. I have a two-year-old daughter

I want to divorce my husband. I have a two-year-old daughter and I am in the process of start a company so I don't have any income right now. If I divorce, will the fact that I don't have income stop me from getting my daughter's custody? My husband and I had an agreement that our own income after marriage will belong to himself/myself. I am in Massachusetts. I wonder if that applies as I've heard in some states, even you have that agreement, the court will still decide the wife/husband each own half of whatever they made in the marriage.

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RayAnswers

Lawyer

Doctoral Degree

42,808 satisfied customers
Im a man going through possible divorce. My wife has a

Im a man going through possible divorce. My wife has a daughter thats not mine that I have been the sole provider for for 11 years and we have a son together. Is she entitled to half our assets even though Ive supported her and her daughter for 11 years? We have no other income besides what I bring inJA: Because family law varies from place to place, can you tell me what state this is in?Customer: CaliforniaJA: Have you talked to a lawyer yet?Customer: NoJA: Anything else you want the lawyer to know before I connect you?Customer: No

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FamilyAnswer

Juris Doctor

36,102 satisfied customers
My husband had me sign a prenup before we got married. I am

My husband had me sign a prenup before we got married. I am trying to find out if it is legally binding and would hold up in court. I am going to explain the situation and hopefully you can give me some advice because I do not think it was done properly.He had the prenup drawn up by his attorney, we went to see his notary, who is a family friend, and she notarized the document after we signed it. Well, she didn't date it. She left it blank. I have the original agreement we signed that is notarized and not rated in my possession. Could the agreement hold up in court or thrown out?

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Ely

Counselor at Law

Juris Doctor

69,186 satisfied customers
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