I am engaged to be married, and we would like to set up a prenuptial agreement.
In order for a Prenuptial Agreement to be valid, there must be a full and fair disclosure of assets and reasonable estimates of value. Also, there are several issues and considerations that must be discussed and agreed upon. For example, some agreements preclude the payment of all forms of spousal support and alimony if the parties separate while others do not. Estate issues must be addressed as well. I would urge each of you to retain experienced family law attorneys well before the wedding to negotiate the terms of the Agreement.See question
My ex husband tried putting our daughter in placement (foster care) back on Halloween 2014 and Cys gave me custody of her. She's 8 and wants to stay with me, is she old enough for the courts to let her choose? Also he's done 3 times now but this i...
Although the child's preference is only 1 of 16 factors that the court must consider in an award of custody, the court in Cambria County will typically place a fair amount of weight on the child's preference if the child is mature and can express good reasons for their preference. It sounds like CYS will support your efforts to retain custody of the child, so you should consider having the caseworker testify on your behalf. If there is going to be a hearing, you should retain an experienced family law attorney to represent you. Your chances of success increase significantly if you have an attorney.See question
I know it may sound crazy but the other party has exhibited all of the signs. And i feel that he is very detrimental to the well being of my child but because they are master liars and emotionless and can come off as charismatic its hard forto get...
You can describe the behaviors that concern you, but the best way to expose a mental or personality disorder is through expert testimony. You have the right to seek a court order forcing him to be evaluated, but you will likely have to pay for it and the costs can be substantial.See question
I have a deposition scheduled for spousal and child support because my ex appealed my appeal for attempting to reduce the support money. She is offering a reduced dollar amount for the support to avoid the deposition. I'm understanding that these ...
If you have been through court proceedings, I am assuming that you have an attorney. Therefore, you should ask his/her advice because they will be in the best position to advise you. There are several factors that need to be considered. Sometimes it is best to resolve the case by agreement because of the costs, but it will depend on whether a fair agreement can be reached. If not, you may not have a choice.See question
he is a drunk but only mentally abusive, never physical
It depends on whether there is a written lease and who is on the lease. If there is no written lease, your father can evict your husband with 30 days notice. Your father should speak to an attorney who handles landlord/tenant cases.See question
My child is 13 and is so afraid of her father and I cant afford a attorney but he can. She doesn't want to have to see him and I don't know how to help. Its got to the point where is tried to run away to not have to go to his house. threaten to hu...
It is a common myth that there is a set age in the law when children can decide which parent that they want to live with. Under the law, the court must consider the child's preference, but it is not obligated to do as the child wishes. It is only 1 of 16 factors that the court must consIder. However, the older and more mature the child is, the more weight the court generally gives to their preference. You will need to speak with an experienced family law attorney in your area for more specific advice.See question
My husband of 33 yrs decided he wanted to leave our marriage,,because of being unhappy from my illnesses.I wasn't able to tend to the wifely duties..it became abusive and I had to leave our home. He refused to pay on the home,it went for short sal...
There are several complicated issues that cannot be properly addressed on this site. You will need to speak to experienced family law attorney in your area who is also familiar with social security disability issues. An attorney may have been able to force your husband to pay the mortgage in order to avoid the short sale problem, so before the situation further deteriorates, you need legal advice. Concerning his pension, whether you can collect a share of his pension at 55 depends entirely on the terms of the plan in which he participates. Typically, the earliest retirement age in which a person can begin to receive benefits is age 65, but some plans provide for payments at an earlier age or after a certain number of years of service.See question
Our MSA is 8 years old and there has been no action on it because my Ex disagreed with the way the retirement accounts were calculated in the QDROs. In the MSA it does't state that the calculation is from date of marriage to date of separation, bu...
I agree with Attorney Hilbush that you will need to consult with an experienced family law attorney as your situation is complicated and you will not likely be able to resolve this on your own. You cannot modify an MSA without her consent, so you will need to determine whether the court can intervene. It is never wise to let these problems sit for years.See question
My wife left and said she is not getting a devorce
No. There is no Statute of Limitations, but you can get divorced without her consent if you are separated for two years or sooner if she has committed grounds for divorce. You should speak with an experienced family law attorney for more specific advice.See question
Should I file for divorce before him ? I've have MS since 2005. Been through,mental & Phyic abuse. While I left our home..He refused to pay our payments & our home went for short sale.
You most certainly have rights, but the question of whether you should file for divorce cannot be answered without having substantially more information. Often, it is not wise to file for divorce when you are financially dependent on your spouse, but you should discuss this matter with an experienced family law attorney.See question