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GoodWife / Planet-Love Archives => Threads started in 2003 => Topic started by: romachko on June 07, 2003, 04:00:00 AM



Title: prenup in IL
Post by: romachko on June 07, 2003, 04:00:00 AM
A friend of mine tells me that prenup is meaningless in Illinois.
In the first 10 yrs of marriage, your ex gets nothing from your asset; but after 10 yrs she gets 50 % regardless of a prenup. Is this really true?


Title: Re: prenup in IL
Post by: Robert D on June 09, 2003, 04:00:00 AM
... in response to prenup in IL, posted by romachko on Jun 7, 2003

This is a terrible place to get specific legal advice.  It would be worth $50 to ask that question from a lawyer in Illinois.  In some jursidictions, you must get a pre nup done long before the marriage date or it can be attacked on grounds of duress when executed.   The language in some states must be specific, etc.  So spend the bucks to get the opinion and more bucks if you want one drafted.


Robert D.



Title: Yes your honor........
Post by: Lynn on June 09, 2003, 04:00:00 AM
... in response to Re: prenup in IL, posted by Robert D on Jun 9, 2003

......I am a blooming idiot, I am incapable of handling my own affairs, my I be considered a ward of the court, I will submit to the "English" Bar and all of it's "copyrighted" laws, you will look after my best interests won't you????????????

That is what you are saying when one puts blind trust into any lawyer. Not meant as a slam, just stating fact and yes there are a few good lawyers out there, but bottom line is they all swear allegance to the Bar and in procedings they represent "both" sides.

Lynn



Title: How do you feel about surgeons?....n/t
Post by: Griffin redux on June 10, 2003, 04:00:00 AM
... in response to Yes your honor........, posted by Lynn on Jun 9, 2003




Title: Re: How do you feel about surgeons?....n/t
Post by: Lynn on June 10, 2003, 04:00:00 AM
... in response to How do you feel about surgeons?....n/t, posted by Griffin redux on Jun 10, 2003

[This message has been edited by Lynn]

The medical field in America today was molded into what it is by the Flexner Report, funded by John D. Rockerfeller by way of the Carnegie Foundation. It did in effect squash almost any type of medical treatment in America that is not surgical or chemical based treatment. Take medical grade ozone infusion, Germany has been using it very successfully since the late forties--------it is against the law for a clinic to administer it here except under "research" conditions. My best friend put life in the hands of supposedly capable doctors, three surgeries later he was left to die with intestinal cancer, the surgeon would not return his calls after the last surgery. Thru my studies on the subject, I believe he would be alive today if he had had the ozone infusion treatment. Why is it not available-----there isn't much profit in something relativly simple that works.

There are good surgeons, lots of them, but most are like the rest of the sheeple in this country-----they do what they are told and don't ask many questions.

I believe the quote goes something like this "to become a doctor in America requires about the same ammount of education as anywhere else in the world, the extra time is spent brainwashing them into thinking they are "God"." I believe that quote came from a book named "Dead Doctors Don't Lie".
There are exceptions, my mother's doctor for 20+ years was a very strong Christian and was known to get down on his knees beside his patients hospital beds a pray to the Almighty for them and to have prayer before any surgery.



Title: A conspiracy in every pot???
Post by: Robert D on June 10, 2003, 04:00:00 AM
... in response to Re: How do you feel about surgeons?....n..., posted by Lynn on Jun 10, 2003

Sorry the Doc could not cure cancer.  Shame on him.   I am sure there are supplements that naturalist know about that cure cancer that the medical community is just keeping quiet about so they can make more money from sick people.  Not to mention drug companies that want profit over cure.  That's it.  

   What is great about this is we need not see doctors, as we can be our own regardless of our education, we can be our own lawyers, for the same reason.  electricians? plumbers? Heck we can design and manufacture our own cars, planes, make our own drugs, fertilizer, nukes if we want, why not, itis a free country, Why, if I can not make my own nukes, it is a conspiracy against me in the hightest degree, who needs a degree anyway.  They just waste time doing nothing, and learning nothing.  Heck anyone can pick up a book and be and expert on anything. 30 minutes on the internet should do it for most folks.  Why I should be able to do brain surgery on my kids if I want, or my wife.  Heck who's business is it anyway?   So what if I wish to use the kitchen knife,  it worked for early man in his development.

    You are right never EVER take the advice of a professional on anything.  They are just in bed with the government, waiting to take advantage of you  and give you bad advice just for the fun of seeing you screw up.  That's it.  
   And while you are at it, never trust anyone over 30.  Oooops, did I say that?  Don't watch Tv because the commercials are filled with little suggestions you can not see that control your mind.  And don't join, the Masons, knights of columbus, or even the Salvation army, as they are all in it with the government.  Spies all.  Never use the phone, as it is tapped, all are ya know now that the Patriot act has past.  Heck, their is an FBI agent in hidden in every home.  And this internet thing, watch out!!!  They get into your home that way.   Heck, I will build my own internet, and keep everyone else out but me.  That should teach them. Heck I invented the internet anyway.

   Sorry if this was heavy handed.  But frankly it is not skin off my nose.   It seems that people who do things like you suggest normally mess up and make even more work for lawyers, doctors, and electricians, etc.  

Robert D.



Title: A conspiracy in every pot???
Post by: Robert D on June 10, 2003, 04:00:00 AM
... in response to Re: How do you feel about surgeons?....n..., posted by Lynn on Jun 10, 2003

Sorry the Doc could not cure cancer.  Shame on him.   I am sure there are supplements that naturalist know about that cure cancer that the medical community is just keeping quiet about so they can make more money from sick people.  Not to mention drug companies that want profit over cure.  That's it.  

   What is great about this is we need not see doctors, as we can be our own regardless of our education, we can be our own lawyers, for the same reason.  electricians? plumbers? Heck we can design and manufacture our own cars, planes, make our own drugs, fertilizer, nukes if we want, why not, itis a free country, Why, if I can not make my own nukes, it is a conspiracy against me in the hightest degree, who needs a degree anyway.  They just waste time doing nothing, and learning nothing.  Heck anyone can pick up a book and be and expert on anything. 30 minutes on the internet should do it for most folks.  Why I should be able to do brain surgery on my kids if I want, or my wife.  Heck who's business is it anyway?   So what if I wish to use the kitchen knife,  it worked for early man in his development.

    You are right never EVER take the advice of a professional on anything.  They are just in bed with the government, waiting to take advantage of you  and give you bad advice just for the fun of seeing you screw up.  That's it.  
   And while you are at it, never trust anyone over 30.  Oooops, did I say that?  Don't watch Tv because the commercials are filled with little suggestions you can not see that control your mind.  And don't join, the Masons, knights of columbus, or even the Salvation army, as they are all in it with the government.  Spies all.  Never use the phone, as it is tapped, all are ya know now that the Patriot act has past.  Heck, their is an FBI agent in hidden in every home.  And this internet thing, watch out!!!  They get into your home that way.   Heck, I will build my own internet, and keep everyone else out but me.  That should teach them. Heck I invented the internet anyway.

   Sorry if this was heavy handed.  But frankly it is not skin off my nose.   It seems that people who do things like you suggest normally mess up and make even more work for lawyers, doctors, and electricians, etc.  

Robert D.



Title: My, did I step on your little toes?
Post by: Lynn on June 10, 2003, 04:00:00 AM
... in response to A conspiracy in every pot???, posted by Robert D on Jun 10, 2003

[This message has been edited by Lynn]

Sorry if I hurt your feelings. The truth does hurt sometimes, but as Winston Churchill once said "When the average man stumbles across the truth, he usually brushes himself off and runs along on his way wondering what happened". And speaking of the "truth", I seem to remember some time back we were at odds on a certain fact and you refused to answer me directly, instead chose to dishonor my question by trying to change the subject.  

Considering your profession, I can understand your stance. If AIDS could be cured by a simple non-intrusive procedure, what would we do with all those millions laying around? If people realized that a lawyer wasn't needed every time they stumped their toe, what would you be doing? Fliping burgers at MickeyDee's?

;)



Title: Re: My, did I step on your little toes?
Post by: Robert D on June 10, 2003, 04:00:00 AM
... in response to My, did I step on your little toes?, posted by Lynn on Jun 10, 2003

no buddy you missed the point, my feeling were not the least hurt.  Just pointed out what I thought were a few valid points that most of us who have benefited by more than 500 years of western civilization have realized.   Specialization is what has made us prosper to the point we have to date.   Otherwise we would all grow our own food, build our own buildings, educate our own kids, and not be as productive as a society.   In other words, once we stopped being hunter gatherers, we as a species developed into modern man, and were able to break the bonds of our individual limitations.   It allows those with differing talents to expand upon them, and thus we have professions and trademen, etc and even the internet because we are not spending all of our time gathering food and hunting etc.  That was all.

    If we followed your logic to its illogical extreme, we would be doing the with pen and ink, using a runner to transmit our thoughts which would take months.

    Robert D.



Title: Illogical extreme? LOL
Post by: Lynn on June 10, 2003, 04:00:00 AM
... in response to Re: My, did I step on your little toes?, posted by Robert D on Jun 10, 2003

[This message has been edited by Lynn]

Specialization has also led us to the point where most people couldn't change a dollar without a calculator and if the simplest thing goes wrong in their home they have to call someone else to fix it.

America is full of self-proclaimed patriots, most of which don't know any of their rights under the Constitution and yet wave the flag in front of their house all week long not knowing that by doing so they are suspending their Constitutional Rights by doing so because their flag is mutilated to begin with. Oh, yes we are specialized. To the point we as a people don't think for ourselves and are unaware of the facts.



Title: Re: Illogical extreme? LOL
Post by: Robert D on June 10, 2003, 04:00:00 AM
... in response to Illogical extreme? LOL, posted by Lynn on Jun 10, 2003

I am all for being self sufficient, but frankly draw the line at certain things like brain surgery and the like.  What may I ask do you do for a living since you know what I do?

As for knowing the facts, well there are those that could not find a fact if lead directly to one.  Many people are blinded by their own agenda so as to not be able to see the facts but color all facts to fit their agenda.  Like the fact that lawyers make pledges to their Bar association.  NOthing is further from the truth.   We take an oath to uphold and defend the consitition, and to abide by the cannons of ethics in our state and federal bars.  The ethics codes and violations of those are frankly simple rules that help (but does not assure compliance by anyone) keep the bar free from those that are not inclined to do the right thing by their clients and the courts.  Ie lawyers, like our former President, that lie under oath, can be disbarred.  Strange concept.  Or those that violate their contracts with their clients or betray their trust.  (this list of disbarred lawyers in every state grows each year.  It does not mean that the system does not work, just the opposite, that it does though it is not a perfect as we ask doctors to be that can not cure cancer, shame on them and us for not being making all of those who practice perfect.  And by the way, more lawyers have lost their license to practice than doctors or any other profession I can think of because of incompetence or ethics violations.

Robert D.



Title: Re: Re: Illogical extreme? LOL
Post by: Lynn on June 10, 2003, 04:00:00 AM
... in response to Re: Illogical extreme? LOL, posted by Robert D on Jun 10, 2003

"to abide by the cannons of ethics in our state and federal bars." Is that not a pledge? Are the state and federal bars not directly linked to the English Bar?

"We take an oath to uphold and defend the consitition," Are you saying that our Constitutional rights are in full effect and may be used in "any" court of law? Or judge's chambers? What jurisdiction did you say the courts were held under? Oh, sorry to open that old wound. ;)

My profession? I'm just an old redneck carpenter.



Title: Re: Re: Re: Illogical extreme? LOL
Post by: Robert D on June 10, 2003, 04:00:00 AM
... in response to Re: Re: Illogical extreme? LOL, posted by Lynn on Jun 10, 2003

Ah!!!!!!   A carpenter, a specialist by any other name and no we have no connection to the english bar every since we did that tea thing in Boston Harbor a while back.  I too do some carpentry work, but when it comes to the hard stuff, I hire a guy that knows what he is doing, and I suspect that is why people hire you buddy, and that was my only point.  I am sure you are good at what you do, and that is good.  And there are docs and lawyers who are good at what they do as well.  
That was the only point I was attempting to make.

See the my jokes below, and lighten up, so I do not get banned.

have a good one
no wounds here
Robert D.



Title: A little humor for you.....if you do a little carpentry.
Post by: Lynn on June 11, 2003, 04:00:00 AM
... in response to Re: Re: Re: Illogical extreme? LOL, posted by Robert D on Jun 10, 2003

Are you a fast carpenter?

A slow carpenter?

Or just a half'ast carpenter????



Title: Re: A little humor for you.....if you do a little carpentry.
Post by: Robert D on June 11, 2003, 04:00:00 AM
... in response to A little humor for you.....if you do a l..., posted by Lynn on Jun 11, 2003

I was a lousy one, funny.   To tell you thet truth, I am game to try anything but have my limits.  Once when I was 13 I was helping my Grand Dad build something.  After we were half finished, he told me, "NOw son, Grand Dad is glad you worked with him, (as he took the tools from my hand).  But promise me one thing.   Be sure you go to college, (in his soft and understanding voice.)
  It was his way of saying that I would starve if I had to make a living with my hands.

it worked
Robert D.



Title: Re: Yes your honor........
Post by: Patrick on June 09, 2003, 04:00:00 AM
... in response to Yes your honor........, posted by Lynn on Jun 9, 2003

It's far better to get advice from an attorney than anyone on this message board.  I think everyone considering getting married should consult with a family law attorney first, regardless of where their spouse comes from or how they met.

There's often bad advise regarding pre-nups given on these boards.  I myself consulted with three lawyers prior to getting married.  They all gave me around 10 minutes free on the phone to discuss it so it cost me nothing.  They all pretty much agreed that in my particular situation, with my particular concerns and my own state laws, a pre-nup would not have provided me with anything I wanted that wasn't already incorporated into the existing divorce laws.  I came away with a solid strategy for protecting myself (there were some things I could do along those lines that didn't require a pre-nup).  I simply documented my assets previous to the marriage and kept everything post-marriage separate from the pre-marriage assets.  It was easier for me since I didn't own a home.



Title: IMHO prenups are mostly about vanity....
Post by: Griffin redux on June 10, 2003, 04:00:00 AM
... in response to Re: Yes your honor........, posted by Patrick on Jun 9, 2003

[This message has been edited by Griffin redux]

If Donald Trump had one, shouldn't I?

Most of us don't have assets that can't be specifically included or excluded as community property.  Vehicles have titles with dates...same with real estate...even the double-wide has a documented date of purchase.

The problem comes when income produced by separate property is comingled into joint accounts.  Assuming we are that fortunate, are we really that dumb?...and is it really enough money to worry about?

The laws of the state in which the petition for divorce is filed will determine the extent to which you get screwed, no matter how cleverly you draft a prenup.  Moral...move to Texas (before you marry), stay away from California (good advice no matter what the circumstance), and do not adopt the child(ren) of your spouse.

All this having been said, still check with an attorney.  It doesn't cost that much and I'm just another opinionated SOB.



Title: Some people do need them, Grif.
Post by: John K on June 10, 2003, 04:00:00 AM
... in response to IMHO prenups are mostly about vanity...., posted by Griffin redux on Jun 10, 2003

A lot of people don't have enough assets before marriage to spend money on a prenup.  But there are still reasons to look into them.

My fiancée and I were wanting to get one, but we never had enough money to afford it.  While ours wouldn't have had much to do with money, it would have provided her a "safety blanket" to make her feel more secure about going into a marriage under a rushed time frame.  

Ours would have had provisions to guarantee her safe passage home if it didn't work out (a big concern to her) as well as a guarantee of financial support for a limited time once she was home, to help her get back to her old life.  One more provision would have incurred extra penalties against a person in a divorce proceeding, if the divorce was due to their infidelity.  In the end, we didn't have the money and ran out of time.  Still a prenup may be used for more than just financial protection.  A prenup could be used to help a partner feel safer going into a marriage.

In my friend's case, she had a lot of assets tied up in various personal corporations and trusts.  She was in the process of supporting her two children from previous marriages, who were with their dads.  She set up the prenup to protect her children's trusts and her private corporations, which she uses to make money.  Anything after marriage she makes, she splits with her husband.  Anything before is protected.  She's pretty savvy when it comes to money, so I suspect in her case that the prenup is going to be pretty solid, even in California.  In her case, her extensive wealth dictated that she find ways to protect it, given her marital track record wasn't so hot...



Title: Your point about non-financial reasons is especially good...
Post by: Griffin redux on June 10, 2003, 04:00:00 AM
... in response to Some people do need them, Grif., posted by John K on Jun 10, 2003

I hadn't thought about it.


Title: Especially because of the 90 day window
Post by: John K on June 10, 2003, 04:00:00 AM
... in response to Your point about non-financial reasons i..., posted by Griffin redux on Jun 10, 2003

Being forced to be married in 90 days can put a lot of stress on both parties.  There's a lot of uncertainty and I'm sure even a little fear going in most people.  If done correctly, the prenup could go a long way towards alleviating that fear.  

You could find ways to penalize (financial or otherwise) inappropriate behavior, like violence, infidelity, blatant disrespect, etc.  Also, by guaranteeing safe passage home and supporting your lady to get back on her feet once she's there, you show that you respect her enough to take care of her, even if it doesn't work out.

If done in a view of mutual respect, instead of "cover my assets", a prenup can be a constructive part of the marriage process.  Unfortunately, prenups are usually done out of selfishness or fear.  In fact, most Russian women are warned not to sign them before they ever come over here.  That means that you'll have to be very careful if and when you bring the subject up.  

When I first mentioned the words "prenuptual agreement" to Marina, she had a very negative reaction.  When I discussed ways a prenup could protect her if our marriage didn't work out, her opinion of them changed 180 degrees almost instantly.  For a few weeks there, I almost regretted mentioning it, as my fiancée was pretty adamant that we get it done.  As fate would have it, we had neither the time or the money to get it done before the marriage.  We toyed with the idea of a "marriage contract" after the fact, but we ended up just trusting each other to do the right thing.



Title: Have you ever thought about .....
Post by: Lynn on June 10, 2003, 04:00:00 AM
... in response to IMHO prenups are mostly about vanity...., posted by Griffin redux on Jun 10, 2003

What give the court the right to disperse your property? It's the "contract" between you, your wife and the state, your marriage license. When you abtain a marriage license and wed, you have just became a polygamist. Not only do you lay down with your wife at night, but the "state" is in bed with you also. By the way, why should you have to have a license to be wed, in the eyes of God are you any more or less married? Or is it just another cash cow???? Why would you want to marry the state?


Title: Xanax...0.5mg...3 times a day...n/t
Post by: Griffin redux on June 10, 2003, 04:00:00 AM
... in response to Have you ever thought about ....., posted by Lynn on Jun 10, 2003




Title: Re: Xanax...0.5mg...3 times a day...n/t
Post by: Robert D on June 10, 2003, 04:00:00 AM
... in response to Xanax...0.5mg...3 times a day...n/t, posted by Griffin redux on Jun 10, 2003

toooooo funny


Title: "Practicing" medicine...........?
Post by: Lynn on June 10, 2003, 04:00:00 AM
... in response to Xanax...0.5mg...3 times a day...n/t, posted by Griffin redux on Jun 10, 2003

Why do they call it "Practice"?????

Actually, one stalk of celery per day is know to help people with anxiety-----no perscription needed.



Title: Hadn't heard that.....
Post by: Griffin redux on June 10, 2003, 04:00:00 AM
... in response to "Practicing" medicine............, posted by Lynn on Jun 10, 2003

[This message has been edited by Griffin redux]

what do you do about the leftover salt in your navel?


Title: Huhhhhhhhhh, What you been smokin?
Post by: Lynn on June 10, 2003, 04:00:00 AM
... in response to Hadn't heard that....., posted by Griffin redux on Jun 10, 2003

.


Title: Re: IMHO prenups are mostly about vanity....
Post by: Richard on June 10, 2003, 04:00:00 AM
... in response to IMHO prenups are mostly about vanity...., posted by Griffin redux on Jun 10, 2003

Griffin states:

Vehicles have titles with dates...same with real estate...even the double-wide has a documented date of purchase.

Richard says:

Ture, but...

In Florida, we have the homestead act which gives your new wife half your house at marraige. She also has to sign off on the transaction when you go to sell - even if her name is not on the deed.  (This is the explanation I got from the lawyer that handled the closing on my house.  She wanted to know why the house was going in my name only and then documented the fact that I'm single in the sales documents


In Massachussets, a friend of a friend, so I"ve been told, had to include the value of his new truck in the value of the community property even though it was purchased after they separated.  In Pennsylvania, purchasing the vehicle after separating would have excluded it from being community property.

Do you live in a community property state? No? Great! What you had before you got married, is still yours! Unless you either mixed it with marital assets or lived in a community property state!

Think the divorce laws are tilted in favor of the  woman? She could die before the divorce goes final - and her estate gets the property settlement she would have gotten had she lived.  That was what my lawyer told me when she died. (Natural causes - I hadn't seen her in a couple of years..)  Until, of course, her lawyer told my lawyer, I got the house.  (I told you my second lawyer was much better than my first!)

Just a few examples of why you need to know the law and how a good lawyer can save you money in the long run.  (She was supposed to get the house and some cash to boot, but I got to keep the house and money.)



Title: You could have done the same........
Post by: Lynn on June 10, 2003, 04:00:00 AM
... in response to Re: IMHO prenups are mostly about vanity..., posted by Richard on Jun 10, 2003

[This message has been edited by Lynn]

without him, if you had positioned yourself correctly from the git-go. Small mistakes cost big money sometimes.

As I have said before, it's all a money game and we allow ourselves to be pawns in their little chess game.



Title: Re: Re: IMHO prenups are mostly about vanity....
Post by: Travis on June 10, 2003, 04:00:00 AM
... in response to Re: IMHO prenups are mostly about vanity..., posted by Richard on Jun 10, 2003

Texas is a community property state. Basically what the law is, is that any assets going into the marriage are not part of the community. But, any equity earned on assets during the marriage is part of the community and is equally divisable. Good thing I filed when I did, no accumilated equity, just debt...funny thing is, they don't divide the debt :-)


Title: Re: Re: Re: IMHO prenups are mostly about vanity....
Post by: Lynn on June 10, 2003, 04:00:00 AM
... in response to Re: Re: IMHO prenups are mostly about va..., posted by Travis on Jun 10, 2003

"Good thing I filed when I did, no accumilated equity, just debt...funny thing is, they don't divide the debt :-) "

That was exactly my point in the begining. No equity=No payola.



Title: Close but...
Post by: Travis on June 10, 2003, 04:00:00 AM
... in response to Re: Re: Re: IMHO prenups are mostly abou..., posted by Lynn on Jun 10, 2003

not entirely true. I was married for 61 days when I filed for divorce so my wife's legal interest in my house is nothing (not that this fact stopped her from trying to take the house), but it doesn't mean I didn't have to pay. Heck, I'm STILL paying!


Title: Re: Close but...
Post by: Lynn on June 10, 2003, 04:00:00 AM
... in response to Close but..., posted by Travis on Jun 10, 2003

Was there "any" equity in the house? I suspect so.


Title: Re: Re: Close but...
Post by: Travis on June 10, 2003, 04:00:00 AM
... in response to Re: Close but..., posted by Lynn on Jun 10, 2003

Yes but none she was entitled to. That isn't what cost me...legal fees, spousal support...etc!


Title: Exactly...........
Post by: Lynn on June 10, 2003, 04:00:00 AM
... in response to Re: Re: Close but..., posted by Travis on Jun 10, 2003

Every thing is about contract and commerce, when you play their game, you gonna pay. How much of a percent of your spousal support goes to her lawyer----I would guess 10% or better. My brother's ex is giving up 15% to the vultures and she didn't even realize what she had done until it was over.


Title: Re: Exactly...........
Post by: Travis on June 10, 2003, 04:00:00 AM
... in response to Exactly..........., posted by Lynn on Jun 10, 2003

Actually it's probably closer to 66%. I was ordered to pay $750/month for three months. I can only guess that her attorneys retainer was somewhere close to my attorneys, which was $1500. I think that's why her attorney promised her the moon and everything I had, to get some money out of her (or me). He knew full well he counldn't deliver but she bought it hook, line and sinker! What some people will do for a green card and what others will do for a green back...unreal!


Title: Re: Re: Yes your honor........
Post by: Lynn on June 09, 2003, 04:00:00 AM
... in response to Re: Yes your honor........, posted by Patrick on Jun 9, 2003

[This message has been edited by Lynn]

My point was and is that you "tacitly" make the statement that was the first part of my post every time you enter it contract with a attorney------that is your legal standing when they represent you.

My second point is as stated, your attorney not only represents you when it comes time to put the prenup to the test (if it comes to that), he will also be representing your opponent. There are ways to get around almost anything under statutory laws.

And as was my point on my first post of this string, and as you stated above, there are other things that can be done to protect pre-existing assets that do not involve a prenup---although I don't think we were on the same page as to exactly how.



Title: Re: Re: Re: Yes your honor........
Post by: Richard on June 09, 2003, 04:00:00 AM
... in response to Re: Re: Yes your honor........, posted by Lynn on Jun 9, 2003

perhaps the two of you are on the same page, perhaps not the same paragraph though. The important point is that there are many ways to go about protecting your assets.

I like your concept of a friendly lien on your assets.  However, I'm concerned about the friendly lien could turn into an unfriendly lien.  I *thought* I had a friendly agreement with my first wife about how things would be divided if the need arose.  Of course, when the need arose, she wanted something quite different.  Have you had any experience with these "friendly liens" in practice?



Title: Re: Re: Re: Re: Yes your honor........
Post by: Lynn on June 10, 2003, 04:00:00 AM
... in response to Re: Re: Re: Yes your honor........, posted by Richard on Jun 9, 2003

[This message has been edited by Lynn]

My brother hired a female lawyer, with the reputation for meanest barracuda in the area, for his divorce. I had warned him not to put all his faith in her. Turns out, he caught her in more than just a tactical exchange of thoughts with the opposing lawyer-----(he could vaguely hear her talking in the next room at the court house (after she had excused herself from him to "check some things", so he took a dime and removed the receptacle cover and listened as they discussed him as though he was a dead carcass and they were the vultures. He confronted her about it, she became very embarrassed and tried to deny what had went on. To make a long story short, he ended up with all his real estate having a 1st lien on it to his ex to ensure that she got her monthly payments, she got the house, the new car and support, including insurance for 12 years. He was in a position to where he could borrow no money against any of his property for his business. He said to me that he felt he had been screwed over by his own lawyer and he was right.

I will not elaborate here, but if you indirectly manage the liening entity, what would be the risk?



Title: I rest my case
Post by: Patrick on June 09, 2003, 04:00:00 AM
... in response to Re: Re: Yes your honor........, posted by Lynn on Jun 9, 2003

Who is the opponent you're referring to?  The wife?  I was under the impression from the lawyers I talked to that the same attorney can not represent both you and your fiancee when it comes to a pre-nup.  I believe you need separate lawyers.  Perhaps it depends on the state.  Anyway, the best advice remains the same and this thread illustrates the point well with all the confusion.  Go see a lawyer (or lawyers) in your own area and get as informed as possible by someone who (should) know family law for your own state.


Title: You should do a little checking.....
Post by: Lynn on June 10, 2003, 04:00:00 AM
... in response to I rest my case, posted by Patrick on Jun 9, 2003

Yes the wife. I did not say that you could both hire the same lawyer.  

When it comes to a court battle. Not only does your lawyer represent you, but he also represents the one you are opposing and vice versa. My brother found this to be true the hard way, in his divorce. And when it comes right down to it, his first allegance is to the court.

Caveat Emptor



Title: Re: Re: Yes your honor........
Post by: Richard on June 09, 2003, 04:00:00 AM
... in response to Re: Yes your honor........, posted by Patrick on Jun 9, 2003

The gospel according to Patrick:

It's far better to get advice from an attorney than anyone on this message board. I think everyone considering getting married should consult with a family law attorney first, regardless of where their spouse comes from or how they met.

According to Richard:

I would second that advice and add that one should consult a *good* lawyer.  My second divorce lawyer was much better than my first lawyer.  If I had known some of the things that the second lawyer told me at the beginning of the process, I would have been in a much better position.  Even more so when I consider that the second lawyer was a much better advisor and negotiator than the first lawyer. (The first lawyer let me put my foot in my mouth and then charged me for extricating it…)

I think Patrick did it right when he interviewed several lawyers. If you feel the need to proceed with a lawyer, you will have a good basis for choosing one.



Title: Re: prenup in IL
Post by: Lynn on June 07, 2003, 04:00:00 AM
... in response to prenup in IL, posted by romachko on Jun 7, 2003

What better protection could you have than a "friendly" lien against your assets? No equity, no payola.

A little food for thought.

Lynn



Title: Re: prenup in IL
Post by: Travis on June 07, 2003, 04:00:00 AM
... in response to prenup in IL, posted by romachko on Jun 7, 2003

Besides the excellant advice below, it really depends on what kind of state you live in as all their laws are different. If you live in a community property state, then your assets going into the marriage are protected for some time but that isn't to say you wouldn't have to pay alimony or spousal support, ie you may live in a community property state, but does it allow for a no fault divorce? Bottom line, consult an attorney to learn what your exposure is and if there is a way to protect yourself.


Title: A judge can throw out a pre-nuptial "agreement"..
Post by: tfcrew on June 07, 2003, 04:00:00 AM
... in response to prenup in IL, posted by romachko on Jun 7, 2003

..and may  no matter how well drawn up it is.
Also, there is no attorney's refunds (needless to say).
This is especially true with foreign wives as mentioned below.
.." the ex gets nothing the first 10 years" ?
Don't bet on it.


Title: You should ask an attorney.
Post by: TwoBitBandit on June 07, 2003, 04:00:00 AM
... in response to prenup in IL, posted by romachko on Jun 7, 2003

This stuff is really complicated.  It varies from state to state and has all kinds of wierd rules and exceptions.

In some states, there are also some things additional steps to protect separate property you had before the marriage to make sure it stays as your separate property.

Prenups can be especially complex with foreign spouses, because the foreign spouse can easily claim they didn't understand the agreement.  They can also claim they had to sign it "under duress" because of the ninety-day limitation on a fiancee visa.

If you really want to get a good answer, go consult with an attorney for an hour.  It's important that you get your facts dead straight and right on the money when it comes to this issue.  If you can't afford an attorney for an hour, your assets aren't enough to warrant protecting, anyway!



Title: Hear about the lawyer that died and went to heaven?
Post by: tfcrew on June 10, 2003, 04:00:00 AM
... in response to You should ask an attorney., posted by TwoBitBandit on Jun 7, 2003

I don't know anybody who has.


Title: Re: Hear about the lawyer that died and went to heaven?
Post by: Robert D on June 10, 2003, 04:00:00 AM
... in response to Hear about the lawyer that died and went..., posted by tfcrew on Jun 10, 2003

tooo funny.

kinda like the one where God was talking to the Devil.  During this time God discovered he sent an engineer to Hell by mistake.
 While he was there the engineer made some improvements in hell. He added ice makers, and airconditioning, and made hell, well, rather nice.  God did not like this because, well, hell should be hell.   So god told the devil, "it seems st. Peter made a mistake, and sent that guy down to you by mistake.   We would like him back now where he should be."  The devil said "no"  God says well it was an honest mistake, would you please send him back.  The Devil said NO! No way man.  We like him here.  God starts to get upset and says, "listen if you do not send him back I will sue you"  and the Devil says,  "Ha!!!!! where are you going to find a lawyer!!!!"  

I have heard them all.  Thanks for the lighthearted post

smile
Robert



Title: here about the young doctor who was mean to his young wife?
Post by: Robert D on June 10, 2003, 04:00:00 AM
... in response to Re: Hear about the lawyer that died and ..., posted by Robert D on Jun 10, 2003

Well young hotshot doc, was getting ready for work.  He was new at is profession and rather full of himself.  (the walking on water thing)  Well his wife made breakfast, and sorta screwed it up.   Well young hot shot, hit the roof.  "You are a terrible cook, and you don't take care of yourself anymore.  You don't even clean house well."  And as he stormed out of the house he said lastly, "and by the way, you are terrible in bed as well"

    The hot shot doc, went off to work where everyone pays much attention to him including all the young nurses.  About 3 pm, he realizes he was mean to his wife and decides it is time to call and apologize.  He calls home and his wife answers.  "honey it is me.   I just wanted to say I am sorry about this morning.   I was rude and offensive.  I am sorry."  The wife says " it's ok hun, no prob"   Well doc, thinks he has gotten off lightly, and says, "thanks for being so understanding.  What are you upto? he asked.   She said,  "I am in bed"   Hot shot asks, "what are you doing in bed at 3 in the afternoon?   Wife says,   " I am getting a second opinion!!!!"

Robert D.



Title: LOL Hadn't heard that one. Just sent it to my brother. n/t
Post by: Griffin redux on June 10, 2003, 04:00:00 AM
... in response to here about the young doctor who was mean..., posted by Robert D on Jun 10, 2003




Title: Very good!...
Post by: Griffin redux on June 10, 2003, 04:00:00 AM
... in response to Hear about the lawyer that died and went..., posted by tfcrew on Jun 10, 2003

but would you want one that was a candidate for sainthood or one who had a reputation for tearing a new @sshole out of anyone you paid him to?


Title: This is the best advice you will receive. n/t
Post by: Griffin redux on June 07, 2003, 04:00:00 AM
... in response to You should ask an attorney., posted by TwoBitBandit on Jun 7, 2003