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Please advise

Hi, I need some legal advice. I bought an apt in NJ about 4 months ago, 2 months later I got married and we signed a prenuptial agreement, somehow I do not feel secure with that and now I am feeling that she is not the person I want to spend the rest of my life with. I am helping her become legal and I would like to finish the process before we get a divorce. I know I am getting ahead of myself here but I am really freaking out and I want to be more secure so here is my question, how does a divorce work?? Can we sign the divorce and then file it after she gets her permanent residence? Or does it have to be files right away?
She is a really nice girl but I think I just got in it to quickly and some how feeling bad for her, I am just starting to enjoy my life, my profession, my house my nice sport car, making a good living etc ď?Š
I am 22 and she is 24 so we are both pretty young and very stupid so I am afraid that if I ask her for a divorce she will want revenge and she knows I put everything I had into my house so that would be the way to hurt me..

By andresito360 on Feb 27, 2008, 12:44 in Visa & paperwork. AddThis Social Bookmark Button


beisbollover says on Feb 27, 2008, 12:52:

Didn't you have to sign a letter of support that means you will be responsible for her for 10 years from the date of marriage regardless of divorce? So if she goes on welfare or gets any support from the state you will be responsible to pay the government whatever she costs them. As far as your prenuptial agreement only a lawyer can help you. Good luck with your life and hopefully you have learned not to jump into the deep end so fast.

andresito360 says on Feb 27, 2008, 13:03:

The letter I signed said I was responsible for her until she was able to work and support herself.. Anyways she is very responsible, she supports her mother and her younger brothers in Colombia so I am not really afraid that she will start abusing welfare :) I am more concerned with the fact that she could get her hands on my assets :(

Ohh and I definitely learned the lesson. Why did not I listen to my mom :(
Well a lo hecho pecho

andresito360 says on Feb 27, 2008, 13:22:

no sex could be worth 500k :(

sloopskipper says on Feb 27, 2008, 13:27:

You had better make DAMNED sure you don't get this lady pregnent. You're in deep dodo already, without 18-24 years child support PLUS university costs for the child!

You need legal advice from an attorney, not a chat group, nor from your mama (although it seems maybe she is the only one there with any sense).

Chelesupercono says on Feb 27, 2008, 13:58:

What happened? Bump your head?.......

never go to bed with someone crazier then you are, you will do it and you will regret it.......

jonas says on Feb 27, 2008, 16:23:

come on, she wouldn´t end up with the entire house, only half. So how about sex for 250k ?

What I have, I do not want to lose, but Where I am I do not want to stay, but those I love, I do not want to leave, but those I know I no longer want to see, but Where I die, I do not want to go;I want to stay where I have never been

robi666 says on Feb 27, 2008, 16:30:

Also, you should divide 250k by the times you did sex with her... hope more than 10.

"I am a citizen of the most beautiful nation on earth. A nation whose laws are harsh yet simple, a nation that never cheats, which is immense and without borders, where life is lived in the present."

jonas says on Feb 27, 2008, 16:35:

What´s her name? She must be a real stunner at that rate!

What I have, I do not want to lose, but Where I am I do not want to stay, but those I love, I do not want to leave, but those I know I no longer want to see, but Where I die, I do not want to go;I want to stay where I have never been

nbenjamin says on Feb 27, 2008, 19:16:

I am a lawyer. To provide real advice you have to clarify the prenup. What was the agreement. Also did you have a lawyer draft the prenup or did you do it on a website or something like that. That is important because a prenup may not be enforceable as drafted. Also what laws govern the prenup. New Jersey I imagine - but that is also an important question. Furthermore, when you say bought the apartment - did you buy the apartment flat out? THat is, is there a payment on the apartment or not? For example, if you bought the apartment before you got married, and you paid for the whole thing, depending on what laws govern - she would have no rights to it period. If you are making payments then she may or may not have rights to it. Provide answers to all of these questions and I will give you some advice.

But get a lawyer.

Second, why did you get married before you were 25. A rule of thumb, I am 29, I still am not married. Getting women just gets easier and easier as you get older have more money and more confidence.

Good luck

guacharaca says on Feb 27, 2008, 19:38:

Troll!
The author writes like a female, therefore is female or gay. No real man admits to being stupid, especially at 22. The author should also know more about the immigration process if he/she actually went through it.

RAAAY says on Feb 27, 2008, 20:12:

Troll...???....Why would you say that...??

Is it because he has only made 4 comments before this thread...........and all were in threads involving Utopiacowboy....??..............Probably just a coincidence............hmmmmm..

.........Its useless to argue with ignorance

andresito360 says on Feb 27, 2008, 20:18:

Well I am neither a female or gay.. I am 22 I know I can be stupid some times... I guess I felt bad for her so I made the stupid decision of marrying her.

I paid 500k cash, and have a mortgage of 220k, it is a condo in Edgewater, NJ... I bought it before we got married, the prenuptial was drafted by a lawyer who is a friend of the family, it states that she withdraws any right she might acquire on any of my assets, I have also kept our bank accounts separate, I can prove than I am paying the mortgage by myself.. The prenuptial also states that she will not acquire any right on the property and that she agrees that she will not get any refund nor any gain from any type of expense from the apt.. meaning that even if she does put money into the condo she will have no gain from that expenditure.
It is govern by NJ law, it also has a part where she signed and said she did not require a lawyer and she fully understood her right to see one, it was sign by us, my lawyer and a notary

I have known her for 7 years as a friend, 2 years as my gf, I do not think she would go after any of my assets but I know some other people will try to push her to do it and if she is mad at me she might do it.

I married her because she kind of reminds of my mother and I know my mom had to suffer a lot so that I could be what I am today.. I guess that is what pushed me to help her.

andresito360 says on Feb 27, 2008, 20:22:

I only commented in 2 other threads before, what does that have to do with anything?

RAAAY says on Feb 27, 2008, 20:25:

.


andresito360 comments on Brief travel guide to Jerico







andresito360 comments on A world apart







andresito360 comments on Romanticizing Colombia. The painful truth.







andresito360 comments on Why do Colombian people have to have new flashy things





.

.........Its useless to argue with ignorance

andresito360 says on Feb 27, 2008, 21:49:

^^^^???? my uncle owns a finca in Jerico so what is wrong with that?? and what is wrong with the other comments??? i do not get it :( I subscribed a while ago and I always check the forums but I do no log in most of the time...

RAAAY says on Feb 27, 2008, 22:10:

LOL....................

.........Its useless to argue with ignorance

NJ C Rep says on Feb 28, 2008, 06:17:

The "honorable" thing to do is to help her move on. To do that is to find the man of her dreams,, someone who is better than you in her eyes. If that happens, I doubt she will take you to the cleaners with the divorse. I suggest letting some of the young single guys on here take a shot with her, do you have a picture of her to motivate the masses of single good guys on PBH? more pioctures the better. You do that and I will bet the lucky guy on PBH who suceeds will return the favor by convincing her to walk away peacefully... thoughts?

gringoloid says on Feb 28, 2008, 06:26:

My conspiracy mind works different than most peoples.

It's odd that you want to stay with this woman and 'help her get citizenship' after the love is gone.

It's odd that she would sign such an unfavorable contract to her.

Was this a convenience marriage to help her get citizenship?

Don't answer that in the affirmative as you would be breaking a federal law.

gringoloid says on Feb 28, 2008, 06:43:

so after four months, she's in the way of the bachelor pad activities. is she bringing in some low lifes?

lots of hard work doing that immigration thing, isn't it? all day with her at immigration office waiting in line, etc...............the pretending......the phony pictures....it's all pretty taxing.

how much did you get? 10 grand? doesn't seem like a lot of money now, does it? you coulda got 60 grand in miami.

but you made a deal that she could stay in your place...........rent free of course. ............................and ouch...no chucha!

lpdiver says on Feb 28, 2008, 08:03:

Oh just take her on a vacation back home and have the sicarros take care of all of your problems. Then you can repeat one of your mistakes with one of her sisters.

t

"cook some rice!"

robi666 says on Feb 28, 2008, 08:12:

If he starts to screw her sisters, the whole thing starts to look like an hell of a deal...

"I am a citizen of the most beautiful nation on earth. A nation whose laws are harsh yet simple, a nation that never cheats, which is immense and without borders, where life is lived in the present."

MaFe says on Feb 28, 2008, 11:10:

Nbenjamin is right!.

In the state of NJ, since you bought the home BEFORE marriage; she has no right to it.

If you have any money in the bank, good luck.
You have to get a divorce attorney.

Why would you want to help this woman anymore?
You are so young, I don't understand why you would marry so young..
Make sure that you have NO children, since most prenups can be voided like that.
Who made the prenup?

Hope this helps, but please contact a divorce attorney ASAP!

In the United States, prenuptial agreements are recognized in all fifty states and the District of Columbia. Likewise, in most jurisdictions, five elements are required for a valid prenuptial agreement:

1. agreement must be in writing (oral prenups are always prohibited);
2. be executed voluntarily;
3. full and/or fair disclosure at the time of execution;
4. the agreement cannot be unconscionable;
5. it must be executed by both parties (not their attorneys) "in the manner required for a deed to be recorded", known as an acknowledgment (law), before a notary public.

Prenuptial agreements in all U.S. states are not allowed to regulate issues relating to the children of the marriage, in particular, custody and access issues. The reason behind this is that matters involving children must be decided in the childrens' best interests. However, this is controversial: some people believe that as custody battles are the worst part of a divorce, couples should be able to settle this in advance.

With respect to financial issues ancillary to divorce, prenuptial agreements (also commonly known as "premarital agreements") are routinely upheld and enforced by courts in virtually all states. 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.

"No comment" is a splendid expression. I am using it again and again." -Winston Churchill

andresito360 says on Feb 28, 2008, 11:25:

hahaha wow, I seriously though this place was more serious.. First it was not a deal, I never asked her for money or anything, we had been going out for 2 years and since the beginning I told her I was not going to help her become legal, she accepted that and we continued the relationship…
Believe it or not she actually makes a little bit more money that I do, she was kind of like adopted by a Jewish family and she pretty much runs their business. We made a deal that she would pay all our expenses and I would take care of the house.. She is cute, she does not look Latina at all nice body and everything, just a little trip to get some boobs and she is good hahahaha. I recently realized that I was missing out in a lot of things for example I have this coworker who is fine as hell and she is always asking me to take her out and since I am going for my masters I keep meeting some fine young girls that only want to have fun .. Damn why didn’t I meet the before.. well today I told her we had made a huge mistake and she agreed, according to her she will be out in 2 months and she took it ok so I am guessing she is not the bloodsucker I was starting to think she was...

I know I made a mistake marrying so young, we had plans of moving in together first to see how it would wok, but her mom got sick and then I just found myself in a court geting married :(

andresito360 says on Feb 28, 2008, 11:29:

Thank you MaFe, I just made an appointment with my attorney, but I still have one more question, would she be able to still to become a permanent resident wventhough we are divorced?? call it stupidity or whatever but since I am here now I might as well finish :|
ohhh and we kept our accounts separate, we only one a joint account and that is only for regular expenses, going out etc..

Robert Jorge says on Feb 28, 2008, 12:03:

Adresito - how can we take it seriously when you sexualize your wife by describing her physical attributes - or lack thereof? And then talk like a horny teenager on a public forum?

andresito360 says on Feb 28, 2008, 13:00:

hahaha,, I never said anything about her before my last comment and it was only a joke because there are a bunch of people asking crap.. please read everything before jumping to conclusions :\

MaFe says on Feb 28, 2008, 13:07:

Andresito,

"She is cute, she does not look Latina at all nice body and everything, just a little trip to get some boobs and she is good hahahaha."

I hate when I hear people say this, if we have Latin blood in us we look Latino! Face reality, no matter how white, tan, black, asian, whatever we are...you can always distinct a Latino...
And your boob comment, the way you think of her...Don't take this the worng way but you need to mature a little....
I have a 21 year old brother, and my 19 year old sister is more mature than he is.

You need to learn to stop treating women like pieces of meat...pero to each his own!

Where is her business based out of? Colombia?
Have her rich adoptive parents help her with her green card.

In regards to her green card; consult an immigration attorney!

"No comment" is a splendid expression. I am using it again and again." -Winston Churchill

jonas says on Feb 28, 2008, 15:18:

Maybe she would be more than happy to get rid off the little moron...? Best of luck to her.
And being so stupid, as you claim yourself, how the fug did you get 500k cash?

What I have, I do not want to lose, but Where I am I do not want to stay, but those I love, I do not want to leave, but those I know I no longer want to see, but Where I die, I do not want to go;I want to stay where I have never been

msaucey says on Feb 28, 2008, 15:48:

MaFe, I'd like to point out that you gave some great advise, unfortunately the recipient isn't worth your time....

The trouble about trying to make yourself stupider than you really are is that you very often succeed. - CS Lewis

MaFe says on Feb 28, 2008, 16:45:

Why thank you sweet MS!!
I don't know why I bother...but there is a HUGE part of me that believes there are good people in this world...(NAIVE??)

"No comment" is a splendid expression. I am using it again and again." -Winston Churchill

NJ C Rep says on Feb 28, 2008, 19:14:

I still say let the singles young guys try to take her off your hands...

chrispej says on Feb 28, 2008, 21:05:

Ok,

#1: You're young, if you lose everything or most of everything, you'll recover.

#2: Did you both have separate lawyers for the pre-nup? If not, you might be screwed.

#3: Get over it and go out and enjoy life..........

andresmo169 says on Feb 28, 2008, 21:56:

Andresito,
If your esposa came into the U.S. illegal, you will never be able to help her become legal.

andresito360 says on Feb 29, 2008, 06:39:

ok... time to defend myself :) sorry for the comments, I am Colombian, raised in medellin, sorry if Mafe was insulted for the boob comment but how come women can say ohh I need to get boobs but when a man says ohh she needs boobs then that becomes a big deal :\ she always says that is the first thing she is going to do once she goes back..
well I might be stupid at some decisions, but I am educated and very intelligent that is how I made 500k, make more than 100K a year, drive a brand new S5 ;)
her business is based here, she came here legally when she was 15, her adoptive parents tried to help her but it was too late because she was over 21 when they tried to do it.

andresito360 says on Feb 29, 2008, 06:41:

WOW it is funny how some people call others inmature and call them morons?????

and Mafe your advice was great and well taken, Thank you.

More posts by the same author:

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