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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116701
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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How can I get out of a prenup that I signed 13 years ago the

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How can I get out of a prenup that I signed 13 years ago the day of wedding with tears in my eyes?
Thank you for your question. I am a Louisiana licensed attorney and look forward to working with you to provide you the information you are seeking.

Under LA law, the courts will recognize a prenuptial agreement as long as it can be proven that you had the opportunity to have it reviewed by your own attorney and that the agreement was "conscienable" at the time that the agreement was signed. If the agreement would be shocking to the conscience of the reasonable person when signed, the court could invalidate the agreement. This means that for you to get out of it you have to prove it was not conscionable or that your spouse hid or failed to make disclosure of all assets when getting you to sign the agreement or that he did not give you any chance to get your own attorney to review the agreement. These are the only ways the LA courts will invalidate these agreements.

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Customer: replied 3 years ago.
Can I just bring this to court still being married or will I have to file for divorce?
Thank you for your response.

You would have to be in a process of divorce to get it thrown out by a court. If you are not in process of divorcing, then you and your husband can agree to void the prenuptial, which would be very simple when the two parties agree and only requires a simple written document stating that all prior marital and premarital agreements are null and void and have it signed by both parties in front of a notary.
Customer: replied 3 years ago.
I live in a small town. The way they work whatever judge you have a certain lawyer works for that judge. Is it possible for me to get a lawyer out of my parish and if so what is the best way to find the top notch one?
Thank you for your response. I am very familiar with the small town parish politics in Louisiana.

The best way to get an attorney from one of the nearby parishes, you do not want to get one from too far away because the courts treat them like foreigners (I have seen a Ascension Parish court treat a New Orleans attorney like he was from another country) is to use the same sites used by other attorneys, or
Law Educator, Esq. and 6 other Legal Specialists are ready to help you