Prenuptial Agreements Legal Questions

  I'd be interested in discussing this case with you on a contingency fee basis which means you pay nothing unless you win. cell phone 407-616-6502   You may have a case. Have you suffered from mental anguish, anxiety, and depression, and sought treatment for the psychological injuries? Were you arrested? Were you handcuffed or were you just let go at the scene of the crime. You should retain counsel to investigate the facts of this case to determine if you have a claim.... Read Answer

Yes. In Texas, when a couple divorces, all property they have is considered community property unless it was acquired by gift, by a Will or by inheritance. In this situation, your mom and dad were married when they built the house. The house and all other property they acquired would be subject to being divided in a divorce. Common law marriage is treated the same as ceremonial marriage in Texas in that the couple would need to get a formal divorce before they could marry someone else.... Read Answer

A US citizen son over the age of 21 can sponsor his father for a green card. Your marriage to your wife would affect the application in so far as your affidavit of support would include more household members, thus requiring more taxable income to satisfy the minimum income threshold. You should have a consultation by phone with an attorney to explore the facts of your case before taking legal action.... Read Answer

Dear Slade: You can change your first, last or middle name by filing a petition for name change with the court for the county you reside in. This website will help you.  https://www.flcourts.org/content/download/685996/file_pdf/982b.pdf Look for Form 12.982, which is for an adult name change and it  will get you on your way.  Please read the instructions that accompany this form as there are some other steps you will need to take(like getting fingerprinted).  The clerk of the court for the county you live in may be able to assist you with information about where to get your fingerprints.  And once you file your case, you should check on line for the procedures for the judge assigned to your case about getting a hearing to do the actual name change. Best of luck to you! Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward- Miami-Dade- Palm Beach 954-316-3496... Read Answer

If you were married for more than two years at the time of the interview, then he will probably get his 10 year permanent card. Otherwise he will get a 2 year temporary card. If he has a two-year card, that he probably will have problems getting the 10 year card if you get divorced.  This is because a second interview is usually required. ... Read Answer

Dear Mr. Moore:    Thank you for your inquiry.  In the absence of a will, in Florida 100% of your estate would go to your spouse if you had no surviving children.  If you did have surviving children, which I believe you indicate, the children would get half of your estate and the spouse would get the other half.  If you DID have a will, your spouse could chose to "elect against" the will and still receive, roughly, a third of your estate.    The best way to handle your situation is to get a prenuptial agreement.  Depending on the totality of the circumstances, you might also benefit from having a trust drawn up that would further allow you to ensure your intent for distribution of your assets realized after your passing.  As to any other pitfalls of marriage...that would probably be best addresed by some of my divorce clients.  Marriage, done right, is still a great institution...I can say that from personal experience. Best of luck. Regards, Cindy Vova Law Offices of Cindy S. Vova, P.A. 954-316-3496/561-962-2785... Read Answer

Im sorry to hear about your wife's passing but happy that you have found someone new but since I am a divorce lawyer, I do think that it may be worth your time to meet with a divorce lawyer who can discuss with you the value of a prenuptial agreement ( presuming you have more assets and a laeger income setting). If you would like to schedule a consultation with one of the partners in our office to discuss the issue, please call Angela to arrange it. ... Read Answer

  Dear Anonymous:         Once one is married they cannot sign a "prenuptial agreement."  It would be a "postnuptial agreement."  That said, since your spouse is clearly trying to set himself up in a better position than he would otherwise be in financially if you were to divorce, you have no incentive to sign such an agreement and equally clearly, no obligation to do so.  However, such agreements can be negotiated to ensure that you would be fine financially in the event of a divorce.  If you wish to consider the agreement, you should have an attorney look over it first, as there are so many possibilitiees that they cannot be addressed in this forum. Also, to make a postnuptial binding each party must make full financial disclosure.    Best of luck,     Cindy S. Vova      Law Office of Cindy S. Vova, P.A.      Broward-Palm Beach-Miami-Dade      954-316-3496/561-962-2785    ... Read Answer

 Thank you for your inquiry and congratulations on your upcoming nuptials! I strongly recommend that your fiancé consult with an experienced family law attorney that will be able to review the draft of the pre-nuptial and advise her accordingly. It is important for your fiancé to allow enough time for proper review prior to the marriage ceremony.... Read Answer

  Dear Casine:     Congratulations on your upcoming marriage!  If you are  considering a prenuptial agreement, then you would want to see a family law/marital attorney.      Prenuptial agreements (also called antenuptial agreements) allow couples to discuss a lot of matters in advance and really think about what they want to do when it comes to finances. Althought it is often a difficult subject to bring up, I believe that a frank and candid discussion of these sensitive topics prior to a marriage often helps make the marriage stronger.       We can craft a document that allows the parties to determine, before marriage, what rights each will have to the assets and liabilities of the other party, what assets and liabilities you wish to comingle or keep separate upon marriage and how each party's estate will be handled upon the first to die. AS to the first topic, peolpe often think if they keep asset separate during a marriage then it does not become subject to division if the parties divorce.  This is not entirely true and that is why pre planning is important. This last part is particularly important as well because, under Florida law, even if you leave nothing to a spouse, the surviving spouse still may elect against a will and inherit assets that you may have wished to leave for your children.        In addition, you may wnat to see an estate planning attorney.  These attorneys specialize in creating a plan for your spouse and your assets that minimize taxes and allow you to plan in advance for the distribution of these assets upon your death.  This may include creating trust that can protect assets now and in the future.        Since you have obviously already taken the right step in thinking about these matters, you should contact both types of attorneys and set up a consultation before your wedding. You may even find "one-stop shopping."  I am a family and marital attorney and I share space with an excellent estate planning and tax attorney. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A Broward/Boca Raton 954-316-3496/561-962-2785 info@vovalaw.com        ... Read Answer