My husband wants a divorce. We've been married for almost 7 years now. We have a 2 year old daughter. I am a stay-at-home mom and I am completely dependent on him. I signed a Prenuptial Agreement without consulting a lawyer. The Prenup states that I won't be able to get alimony or child support in case we divorce. The only thing I have under my name is my car and I have no savings at all. I have no plans on going after his properties. What do I do? What are my chances of getting spousal support during and after the divorce? Please help.
You can't waive your right to child support, it's for the benefit of your kid. You need to consult with a lawyer to see what, if anything, can be done with the Prenuptial Sgreement.
I agree, there is no way you can waive child support in a prenuptial agreement. Doing so is against public policy and that provision would be voided. However, you can waive maintenance (spousal support), but there are situations where a waiver of maintenance may not be upheld. The fact that you did not have an attorney may be a factor in your favor, but all the relevant facts must be examined. See an attorney for legal advice.
As noted, sounds like the prenup may not be worth the paper it's printed on. Support, other attorney's talked about it. Alimony (We call it maintenance), yes it can be, but if it creates an undue hardship then the court can order it, but generally only to the extent that it removes the hardship (a diet coke version of alimony). Also, if it's silent on attorney fees (Most legal zoom prenups are, but who knows who did yours) then you can get those if the factors in 503j/501c/508a are net (Called leveling the playing field). And if there's no severance clause, as noted earlier, who knows what good it is.
HOWEVER, you will need to hand the prenup papers to a family law attorney in your area for specific guidance.
The part about child support should be held unebforceable. You may want to consider filing a motion to have the agreement declared invalid. These types of cases are very interesting and I just finalized a very complicated one involving a premarital agreement that went up on appeal. You should consult with a family lawyer and bring a copy of the premarital agreement with you. Many offer free consults.
A prenuptial agreement that is executed by a party without legal representation is usually deemed totally unenforceable. Furthermore, it is against public policy to waive any claim to child support. Although you state that you're totally financially dependent upon your husband, you need to find a way to hire an attorney to help you. You have rights and options that should be explored. Consult with one more attorneys and hire the one you like the best. You are fortunate that there are many good lawyers in your area. If you do not know any, you can seek a referral from the Will County Bar Association or click on the Find a Lawyer link at the top of this page. Best wishes.
Although AVVO describes this site as providing free legal advice, it is really a simple Q&A forum. The volunteer attorneys provide general answers. No specific legal advice is given here and no attorney-client relationship is established. For precise direction and legal advice, please consult in person with an attorney in your area. Be sure to bring all relevant paperwork with you.
You will need a lawyer to help you with this matter. Call an attorney in your area and make an appointment. Many attorneys do not charge for initial consultations with prospective clients. What will have to be done here is to invalidate the prenuptial agreement because you did not have an attorney represent you when you signed it. Child support cannot be waived. No judge would allow such a provision to stand. The same might also be said for maintenance (alimony). Look to hire an attorney quickly.
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