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Does it matter what state your prenuptial is filed?

Updated: 9/17/2019
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Q: Does it matter what state your prenuptial is filed?
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If you are getting married in another state which state should you have the Prenuptial agreement drafted for and notarized?

You would file a prenuptial agreement form in the state you are currently living in. It must also comply with your state's current laws, and be filed with your county's clerk office so that it's on public record before the wedding. You can download your home state's specific prenuptial agreement form online. I'll provide a link for you in the related links below. The form will come with the instructions you'll need on how to file the form in your state.


Is there a statute of limitations for probate and does a will, filed in a different State matter?

The state of filing wont matter. A Will must be filed for probate within four years after the date they died.


Can you get a prenuptial agreement in different State other than your residency?

A prenuptial agreement is between the two individuals and they have their own reasons so they can go to a lawyer in any State to have the prenuptial drawn up.


If you filed bankruptcy in 1997 in NC do you fall under the 10 or 7 year rule for removal on credit report?

I believe it doesn't matter what state you filed, bankruptcy is a federal matter. It will stay 10 years on credit reports!


How does one set up a prenuptial agreement?

There are several ways a person can set up a prenuptial agreement. A prenuptial agreement can be set up with an attorney. The prenuptial agreement must be written and signed by both parties.


When someone has a prenuptial agreement notarized is a legal copy filed somewhere by the notary public?

No, all a notary public does is sign to verify that they watched you sign the document and verified that it was actually you signing it.


What state regulates a divorce when it is filed in a different state than marriage occurred?

The state where the divorce is filed.


Are prenups valid in California?

Prenuptial agreements are valid in the state of California. The prenuptial agreement is signed by both parties with the understanding that if a marriage does not work out, either party leaves the marriage with their contributions to the marriage before the nuptials took place.


Your wife was cheating on you and she filed first?

Adultery is a very valid reason for a divorce and if you are living in a "fault" divorce state then upon proving this, you will have no trouble getting this granted. Typically, it does not matter who files for divorce first (unless you two are currently living in different states then she may get to have the matter heard in the state or county she filed in) but you will have a chance to respond and explain your story.


How long after divorce papers are filed can you get a final judgment in Michigan?

The laws vary from country to country and even state to state. In some cases it is a matter of days, others a matter of weeks or even months before a Final decree will be issued.


How do you determine what state to file a estate if the will was filed in one state and you moved to another state and died.?

Generally, your estate is probated in the state where you lived and owned property. You should consult with an attorney to discuss the matter in greater detail.


Will a prenuptial include child support?

In most states, like California, a prenuptial agreement cannot include restrictions on Child Support. The reason is that the state believes it has an interest in protecting children, and parents cannot limit what child support can be ordered by the court.