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Alicia20

Member
What is the name of your state (only U.S. law)? California

Completed pre-nuptial prior to marriage with independent lawyers to protect my house and other possessions. I got married November 2008, filed for divorce 6 months later in May 2010, spouse was served but never responded. Filed for non-contestant divorce in July 2010. Spouse makes a 1/3 of my income and has gotten an attorney for representation. I’m representing myself (Pro Per), I made an offer which provided rent for a few months, moving cost, each party pay their own legal costs, one year worth of medical and a moving date get the spouse out and this divorce complete. The attorney now wants alimony and additional funds based on my income and savings. They attorney also stated his client wants to remain in the marital house till the divorce is complete because they have a child that lives in the marital house. I told the attorney that based on the pre-nuptial agreement and the six months prior to filing that the offer I made was good enough and the courts may not make me pay anything. The attorney has also stated that his client can not afford to pay him fully.

Do I need to get an attorney or am I correct in my thinking of the 6 months and prenuptial will save me from paying additional monies?
 


mistoffolees

Senior Member
Do I need to get an attorney or am I correct in my thinking of the 6 months and prenuptial will save me from paying additional monies?
If you had enough assets to be worth protecting with a prenup, then you definitely should have an attorney.

Yes, your case sounds like a slam-dunk, but doesn't mean it can't be lost if you make a mistake.

Don't be penny wise and pound foolish.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? California

Completed pre-nuptial prior to marriage with independent lawyers to protect my house and other possessions. I got married November 2008, filed for divorce 6 months later in May 2010, spouse was served but never responded. Filed for non-contestant divorce in July 2010. Spouse makes a 1/3 of my income and has gotten an attorney for representation. I’m representing myself (Pro Per), I made an offer which provided rent for a few months, moving cost, each party pay their own legal costs, one year worth of medical and a moving date get the spouse out and this divorce complete. The attorney now wants alimony and additional funds based on my income and savings. They attorney also stated his client wants to remain in the marital house till the divorce is complete because they have a child that lives in the marital house. I told the attorney that based on the pre-nuptial agreement and the six months prior to filing that the offer I made was good enough and the courts may not make me pay anything. The attorney has also stated that his client can not afford to pay him fully.

Do I need to get an attorney or am I correct in my thinking of the 6 months and prenuptial will save me from paying additional monies?
Nov 08 to May 10 is a year and a half. Did you mean Nov 09?

In any case, whether your marriage is 6 months long or 18 months longs its still an extremely short term marriage. Your spouse would be entitled to 1/2 of whatever assets accrued during the period of your marriage, and be responsible for 1/2 of the debts. Its sounds to me like what you are offering is likely very similar to that.

However, if this becomes a contested divorce, a judge might order you to pay his legal fees, since his income is only 1/3 of yours. Its not at all guaranteed, but its something that you should keep in mind. Its clearly something that his attorney will ask for anyway, since he already knows his client cannot pay him fully.
 

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