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But remember, all states subscribe to the Uniform Premarital Agreement Act. Some, such as California, do not include all its provisions, but the fact is that such agreements between responsibile adults represented by counsel and with full disclosure are favored by the courts these days. |
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What, exactly, will a judge consider unfair? Did you each have your own attorney when you signed the agreement? Did you each reveal how much money, assets, and debts you had before you signed the agreement? How close to your wedding date was the agreement signed? (If it was the day before, that might be construed as undue pressure.) Did you understand the agreement? Were you tricked into signing it? If you didn't have an attorney, were unaware of your spouse's assets or liabilities, did not understand the agreement, were tricked into signing it, or signed it very close to your wedding day, you may convince a judge to throw the prenup out. |
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Starting the Divorce Action |
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To get the divorce process rolling, someone will need to file. The spouse who starts the legal proceedings is called the plaintiff or petitioner, and the one who responds is the called the defendant, or respondent. |
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The decision of when to start legal divorce proceedings will be up to your lawyer and is usually based on a number of different factors. Maybe you need some kind of immediate relief, like support, and your spouse has refused to provide it. Your lawyer must go to court and ask a judge to order your spouse to pay. But the only way the lawyer can go to court is to first start a divorce action, and therefore you would be the plaintiff, or petitioner. |
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