QUESTION

Can a state pull an automatic prenuptial the day I married my husband?

Asked on Feb 16th, 2014 on Litigation - Nevada
More details to this question:
I married my husband in Nevada, where he is from. We are most likely going to start the divorce process once he gets home. Is it true that Nevada pulls a prenuptial on me the minute I married him? He stated that Nevada pulls a 10 year prenuptial on me without needing any legal or written permission from me. I do not know if this is a scare tactic or if it is true. And we are residents of California currently.
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6 ANSWERS

I can only answer for CA and in CA there is no such thing as an automatic prenuptial agreement. Speak to a NV lawyer.
Answered on Feb 20th, 2014 at 10:14 PM

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This is a question for a NV attorney but his claims sound impossible. How can there be an agreement without you agreeing? My guess it it's a scare tactic. As you as CA resident, the divorce would be done in CA, under CA law and under CA law, there is no way any such prenuptial agreement is legal.
Answered on Feb 20th, 2014 at 4:41 PM

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Family Law Attorney serving Las Vegas, NV at Willick Law Group
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Frankly, as stated, that makes no sense. There is no "automatic" or State prenuptial agreement - ever. And nothing about "10 years" makes any sense either. Perhaps something was lost in translation. You should consult a family law specialist before signing, agreeing to, or doing anything else.
Answered on Feb 20th, 2014 at 3:04 PM

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Courts do not automatically do anything They can only decide the issues put in front of them. Ask your husband for a copy of the supposed prenup.
Answered on Feb 20th, 2014 at 2:59 PM

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James Edward Smith
No such thing.
Answered on Feb 20th, 2014 at 2:58 PM

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Personal Injury Attorney serving Reno, NV at Law Offices of Jill K. Whitbeck
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There is no such thing as an "automatic prenuptial" in any state, and certainly not in Nevada. I am not even sure what he is referring to, or what a 10 year prenuptial would entail. A prenuptial requires a written document outlining the terms of the agreement, signed by both parties. If you are headed for a divorce, you absolutely must go consult with an attorney where you now reside so you are not sucked into any more scare tactics, tricks, or games. You should do this before he gets home, so you can do this on your own, privately, and without his influence.
Answered on Feb 20th, 2014 at 2:56 PM

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