Legal Question in Family Law in California

Re: prenup

The issue is whether or not the agreement is enforceable. Call me directly at (619) 222-3504.

Reply: prenup

As a California resident, you would file for dissolution of marriage here in California. The issue is the validity of the prenuptial agreement. It may not be a valid prenuptial agreement and as a result, may be unenforceable.

I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.net

Re: prenup

Your question actually poses 2 issues: Jurisdiction and "renegotiation".

If your H's contact with CA is merely that he was served here, and that's it, CA would likely not have jurisdiction over him without his consent.

Assuming no CA jurisdiction, all you could get here is becoming single and possibly child sharing issues if you have kids and have been here awhile.

Assuming CA jurisdiction for all purposes (and I have experience with dealing with out of state pre-nups in CA), the validity of the pre-nup will be tested based upon Illinois law as of the time the contract was entered into. CA would then enforce the contract to the extent necessary per IL law unless the terms are considered to be against the public policy of this state (e.g., waiver of child support).

No matter which state hears it, renegotiation is not a legal or jurisdictional matter, unless the contract itself calls for some kind of mandatory renegotiation.

Re: prenup

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

Your pre-nup is a contract. It can be renegotiated anywhere the two of you agree. Otherwise it can be enforced where-ever the divorce action is filed.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.