Prenuptial Agreements Legal Questions

If your fiancé entered the United States with a visa, then even if she is out of status, you can sponsor her for a green card after marriage if you are a US citizen. You should consider working with an attorney. Some of us charge a very affordable flat fee for start to finish representation.    ... Read More

So if the marriage in Mexico is recognized as valid under Mexican law, then the United States family laws will also recognize that marriage as valid. Accordingly, if you do not get divorced from your spouse in Mexico, and get married in America, then that would be committing the crime of bigamy. You should obtain legal counsel in the United States and file for divorce in a US court, and have your wife served overseas. Since you have residency in the United States, then the courts here technically have jurisdiction to issue a divorce decree despite that your spouse is overseas. ... Read More

A divorce in a foreign country will be recognized as valid for US immigration purposes,  provided that the foreign divorce is valid. Work with an immigration attorney so that no delays or denials occur. Some of us charge an affordable flat rate fee to handle the case from start to finish. ... Read More

Your boyfriend has to apply for a visitor visa and qualify based upon his own financial situation. If he's got a steady job and/or property ownership (which would prove he has a reason to return to his country) he would probably get approved. But if he intends to get married and remain in the US permanently, then that would be in conflict with his intent to visit. Accordingly, he would be denied. You should consult with an immigration lawyer for more specific advice. ... Read More

Good morning, the affidavit is not going to cut it. Please pay the lawyer or delay the marriage. If you don't care about your or your future husband's assets, income, or liabilities go ahead and get married w/o a pre nup but if you do it is incumbent that you have a legally correct pre nup before the marriage. Otherwise, you are asking for trouble. ... Read More

There is no definitive legal answer to your question.  It is entirely up to you what you want to agree to pay.  Since you spend several months each year in the home, it can logically be argued that you should pay something for the use of his separate property home.  Exactly what, however, is up to you.  What do you think is fair and reasonable based on the amount of time you spend using the home each year?  ... Read More

You probably do need a post-nuptial agreement under the cicumstances.Because he purchased the home in his sole name before your marriage, it is most likely his separate property.  Since you contributed 50/50 and invested a great deal in improvements, you most likely would like to be compensated for your contribution and investment.  It's unclear whether your contribution and investment was made before or after your marriage.  If the latter, it is unclear whether your contribution and investment was made with community funds or your separate funds.  It is also unclear whether if property is being used as your marital homestead or is rented out.Since you did not address these issues in a premarital agreement, you probably should address them in a post-nuptial agreement.  Since you don't want the house, you should come up with a reasonable amount to compensate you for your contribution and investment, and a reasonable and fair way to insure that you receive such compensation.Similarly, any retirement benefits which accrued as a result of his work before your marriage is his separate property.  If he continued to woek after your marriage, that portion of any retirement would be community property.  Retirement benefits complicate divorces, may require a QUADRO, have tax implications, and usually require an experienced divorce attorney.  If he is relatively young and still working, you should come up with some sort of reasonable compensation for any community interest that may accumulate in his retirement account.  That can reduce the amount you may have to pay if you divorce to an attorney. ... Read More

The necessary elements to establish an informal, or common-law, marriage in Texas are:1.  An agreement to be married between the spouses,2.  Living together as spouses after such an agreement, and3.  "Holding out" each other as spouses after such an agreement.The parties may, but are not required to, register their informal marriage with the county clerk.The "agreement" is not required to be written.  It must, however, be "present", i.e. not "we are going to get married" but rather "we are married."... Read More