Love Lawyer Q&A

Did you ask if she will settle for a puppy? It would be extremely selfish for you to try to change her mind in order to satisfy your needs. If she stayed with you, she would eventually detest you no matter how much she loved you. Likewise, if you do marry her and have a child and it is not what you really want, you will resent her and the child. You really need to do some soul searching and determine if you possibly want to attend your child’s high school graduation in Depends. If not, you must let her go.

Perhaps you should call the psychic network and see if they are having a sale on child-rearing readings? If you are truly desirous of having more children without the strings attached, then research adoption alternatives or a surrogate to give birth to the child. If you cannot make up your mind, consider having more child-oriented parties and play dates for your son. You can also enlist nieces and nephews to widen your son’s sphere of family and friends. The parties and presence of more children will either cause you to schedule a vasectomy or to decide to have more children, whether biological or adopted.

Get new friends. Age is a state of mind and irrelevant. If he is kind and possesses all the important qualities you respect in a potential partner, pursue the relationship. Three months is not sufficient time to truly determine if you found your soul mate, so just have fun and see what happens. If your friends are not as happy for you as they should be, then they do not have your best interests at heart and never will.

Honey, if he does not like to have sex before you are married, you are in serious trouble and will be living the life of a nun during the marriage. Either your fiancé has some underlying sexual abuse issues or he had a sex change and never told you. A wise idea would be to seek out a couple’s sex therapist and also ask your fiancé to engage in couple’s counseling. If this does not work, you need to make some important life decisions. Having to coerce someone into having sex will just serve to lower your self-esteem and make you feel less desirable. Consider this before you walk down the wedding aisle into the convent of hell.

You can put the language in the prenuptial agreement but the court may not enforce the terms of the agreement with respect to religious issues concerning children. When deciding a dispute about religious upbringing, courts might consider any oral or written parenting agreements that the couple previously made about how to handle the children’s religious upbringing. Sometimes the court will say that the agreement is too vague. For example, many agreements fail to specify the degree and number of years of religious training and/or how often the child will attend services and other religious events. Depending on the length of the marriage, the court may choose not to enforce the provision because the agreement is too old. The court may also be reluctant to trample on an individual’s First Amendment rights. The court would rather look at the best interests of the children at the time of the divorce than monitor the terms of the agreement.

The good news is that you may be able to defeat him with or without a prenuptial agreement. The bad news is that a penny saved is not a penny earned. The money you thought you saved by drafting the prenuptial agreement yourself will undoubtedly cost you five times more in the divorce process just for your lawyer to assert that the prenuptial agreement is valid.

The first inquiry is whether the prenuptial agreement meets the requirements of the Uniform Premarital Act. Some examples of the requirements are: Did you have full disclosure of your assets and liabilities and was it executed voluntarily and without duress or coercion? If it meets these requirements, your lawyer may then present a Petition for a Declaratory Judgment to the court. In this case, a Petition for a Declaratory Judgment shall request that the court make a determination that the prenuptial agreement is valid. If the court determines that the agreement is valid, you are essentially in a position to get divorced in accordance with the terms of the prenuptial agreement.

If the agreement fails to meet the requirements of the Uniform Premarital Act or you are not successful with the Petition for Declaratory Judgment, all hope is not lost. Your lawyer, with your assistance, may present evidence that the property is your non-marital property because it was acquired prior to the marriage. This approach is a bit more tedious because it is your burden to demonstrate through documents that the property was acquired prior to the marriage. In the event that you made payments during the marriage for mortgages or taxes with marital monies (such as your salary), he may be able to argue for contribution back to the marital estate. In other words, he will ask for contribution to the marital estate for marital monies paid towards your non-marital property. He can then argue that he is entitled to a portion of the contribution payment back to the marital estate. However, depending on the amount of the payments, such contribution would probably be minimal because you were only married for five years.