on August 28, 2017, the United States Citizenship and Immigration Services (USCIS) released a news update titled “New Legislation Increases Availability of Visas for CNMI Workers for Fiscal Year 2017”.
it recently dawned on me that most people have never hired an attorney before and do not know what to expect when going through that process. The attorney consultation is a preliminary conversation with you and an attorney so you can understand your legal rights, determine whether you have a case, and if the attorney will accept your case. Typically, attorneys, like myself, do not charge for the initial client consultation.
a pre-nuptial agreement is a legally binding contract between two people in contemplation of marriage that outlines how assets and liabilities are to be divided between them in the event the marriage ends in divorce. Since it is a contract, basic contract requirements must be present, including that the agreement must be in writing and both parties must sign the agreement.
Under South Carolina law, a prenuptial agreement can be enforceable as long as certain other factors are met. They are included, but not limited to, the following:
Was there any fraud, duress, misrepresentation, nondisclosure, or mistake in of material facts by one person or both people upon signing the pre-nuptial agreement?
Is the agreement fairly balanced between both parties?
Are the material facts present at the time of signing the same material facts at the time of the nuptials?
The agreement can offer other terms of the marriage, including, but not limited to the following:
What laws will be apply to the divorce and the prenuptial agreement during the divorce, if a divorce were to occur;
How assets will be distributed in the event that one person dies during the marriage; and
Sections that protect one person from assuming any pre-marital debts of the other person as a result of their marriage.
Sections that describe the structure of any spousal support that may be paid, if any.
As situations can arise in every marriage, having a pre-nuptial agreement allows both people to establish mutually-beneficial terms of a potential divorce before the wedding. They allow a couple to contemplate future issues and plan the best course of action for them, and allows decisions to be made while emotions are reserved and not made in the "heat of the moment."
If you are contemplating getting married and would like to discuss a pre-nuptial agreement, or contemplating getting a divorce and have pre-nuptial agreement in place, please contact my office today for a free initial consultation to understand your rights under the agreement.
time is of the essence any time a lawsuit reaches your doorstep, but it's just as important to be thoughtful in your response as it is to be quick. With the right representation, you should get the best of both worlds!
on March 13, 2018, President Donald Trump removed Rex Tillerson as Secretary of State. In an announcement on Twitter, President Trump stated that he will nominate Mike Pompeo, who has been serving as Director of the Central Intelligence Agency (CIA), as the 70th U.S. Secretary of State.
on February 23, 2018, the Executive Office for Immigration Review (EOIR) announced the opening of the Louisville Immigration Court. The Louisville Immigration Court will open in Louisville, Kentucky, on April 2, 2018.
on February 14, 2019, the United States Senate confirmed William P. Barr as the 85th Attorney General of the United States by a vote of 54-45. Attorney General Barr was sworn in on the same day.
on August 22, 2017, Stephen Dinan of The Washington Times reported that the Department of Homeland Security (DHS) had exercised its authority under section 243(d) of the Immigration and Nationality Act (INA) to trigger visa sanctions against four countries...
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hOA AND COA FORECLOSURES: AN OVERVIEW OF WHAT YOU SHOULD KNOW
fORECLOSURE DEFENSE ADVICE FOR 2019
aN EXPLANATION OF LEGAL DOCUMENTS IN A FORECLOSURE ACTION
aNSWERING A FORECLOSURE ACTION
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being accused of rape or any kind of sex crime can turn your life upside down. Being charged with Criminal Sexual Conduct (CSC) in Michigan can truly change the course of your life and the lives of your loved ones.
in what appears to be a new instance of politically motivated prosecution in Russia, the Associated Press reported that Russian investigators have detained internationally renowned director Kirill Serebrennikov on charges of embezzling government funds provided for his productions.