Not necessarily. While no attorney can guarantee the enforceability of a prenuptial agreement (aka premarital agreement), it is usually changes in the law or the circumstances that might cause a prenuptial agreement to be ruled invalid, void voidable, or unenforceable based on factors such as failure to disclose, fraud, duress, unconscionability, or mistake. While changes in the law cannot be predicted, avoiding application of factors such as fraud, duress, failure to adequately disclose assets, or entering into the agreement resulting from a mistake, can be avoided by both parties being represented by separate counsel in the transaction. This includes an attorney who drafts the prenuptia
I'm asked this question at least once every single day. My answer is always the same: (1) There's no such thing as "the average divorce"; and (2) It depends. The only lawyer who can predict for you what your divorce will cost is someone who possesses the gift of clairvoyance. The good news is that the cost of any divorce depends almost entirely on the level of conflict or cooperation between the divorcing parties; i.e. the cost of your divorce is within yours and your spouse's control. Let's start with what we do know. The filing fee for a Petition for Dissolution, as of January 1, 2015 is $435. Likewise, the responding party's first appearance, i.e. first document filed with the court
If you are seeking a divorce, you may be temped to file for divorce on your own using court provided documents or information from a book or website. While a do-it-yourself divorce may be acceptable in some istuations, most people should consider hiring a divorce lawyer to repsernt their interests. How do you choose the right divorce lawyer for you and your family? Here are some steps you can take. Meet with more than one prosective divorce lawyer and interview them as you would intereview anyone you would hire. If you do not feel that you like or connect with the divorce lawyer, cross him/her off your list. You will need to work with this person on a matter that is very important in you
Why do you need the help of lawyers when drafting or deciding whether to sign a Prenuptial Agreement? If you want to end up with a clear and binding premarital agreement (one that you and your fiancée understand), you should get help from a good lawyer. In fact, you will need two lawyers -- one for each of you -- one to draft the agreement and the other to review the agreement with your fiancée. But before your lawyers start drafting the prenuptial agreement, you and your fiancée should decide on its essential terms. Start by answering a few questions. Even if you answer "no" to all of these questions, you may still benefit from having a prenuptial agreement. You can use it as a financial
