Corporate Thug
Lifer
- Apr 17, 2003
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Originally posted by: RaistlinZ
Originally posted by: JS80
Originally posted by: Agentbolt
Originally posted by: Zysoclaplem
I'm not sure how divorce works exactly, but I believe that both parties must agree to it.
Would it not be cheaper just to refuse the divorce and get seperated?
I may be wrong.
No, both parties don't have to agree to it at all. That'd be pretty messed up if you wanted a divorce, your spouse said "No" and you were stuck being separated at best.
Prenups are bullshit. People don't seem to realize that prenups can be thrown out for a variety of reasons. Let's say you're a billionaire, you marry a hot poor chick, and your prenup says she only gets 20,000 bucks. The judge can throw it out for being unfair. And judges will ROUTINELY rule that the woman only receiving .0001% of a guy's money after being married for a few years is unfair.
Let's say the prenup is more than fair, but the chick still wants more. All she has to do is say "well I didn't sign it voluntarily at the time" and she's got a decent chance of getting it kicked.
Or hell, maybe the court just didn't feel like upholding it.
There are circumstances in which courts have refused to enforce certain portions/provisions of such agreements. For example, in an April, 2007 decision by the Appellate Division in New Jersey, the court refused to enforce a provision of a prenuptial agreement relating to the wife's waiver of her interest in the husband's savings plan. The New Jersey court held that when the parties executed their prenuptial agreement, it was not foreseeable that the husband would later increase his contributions toward the savings plan.
Source
The solution to almost all of this shit is to simply not get married. You're not less in love or an affront to common sense. There is NO reason to get married other than to step into line with the majority of society or make someone else happy.
Child support issues are their own ball of wax that I won't get into, but alimony is complete and utter bullshit. The only VAGUELY redeeming feature is that you can't go to jail for not paying it like you can child support. Simply stop paying alimony, the worst she can usually do is send a collection agency after you. I'd rather wreck my credit in that situation than let her win.
Not getting married will not get you off the hook. Nowadays women can sue you for support if you were with them for a long time but never got married. I forgot what the term for that is.
edit: palimony
Here's more from that link...
"Marvin v. Marvin
Michelle Marvin claimed that Lee Marvin, who was still married at the time they began living together, had promised to support her for the rest of her life. In the end, in Marvin v. Marvin, the California Supreme Court ruled that Michelle Marvin had not proven the existence of a contract between herself and Mr. Marvin that gave her an interest in his property. Thus, the common law rule applied to the situation without alteration, and she took away from the relationship and the household what she brought to it.
The Court went on to explain that while the state abolished common law marriage in 1896, California law recognizes non-marital relationship contracts. These contracts may be express or implied, oral or written--but they must be provable in any case. The contract may also provide for a sexual relationship as long as it is not a contract for sexual services. Eventually, the California Court of Appeal ruled that since Triola and Lee Marvin never had any contract, she was entitled to no money."
Jeez, it seems entering into any kind of long-term relationship is dangerous these days if you don't want to be sued for everything you're worth. I think I made the wise choice on staying a bachelor.
all Marvin says is that a couple can have a prenup without being married. Moral of the story: get a prenup if you are getting married. Don't contract if you aren't