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Tags >> agreement
My attorney suggested I add a "no inclusion" clause in my separation agreement so that the agreement can't be used in the divorce proceedings. The separation agreement grants me joint physical and legal custody, and does not require me to pay child support. Does this no inclusion clause work against me?
Question: I just recently agreed on child support and spousal support. I settled out of court with my ex-wife and her attorney. However, I didn't have an attorney and now I feel like I was taken advantage of. I don't have the money for an attorney but I feel like I should have one look over my papers to see if I was steamrolled. Is it too late at this point?
I just got married and I want to create a post-nuptial agreement between us. My spouse is 10 years my senior (60) and does not work (my income is currently $80,000 per year on average). I want to include in this post-nuptial agreement items such "No Maintenance /Alimony upon divorce, all assets 50/50. Would this holdup in the agreement or would I be subject to a judges order?
In many family law cases, including divorce and modification actions, the parties opt to try and resolve their differences through mediation. In Georgia, there are quite a few judges who will order the parties to attempt resolution through mediation before the case is set to be heard by the Court. Mediation is a process in which litigants use a neutral third-party to facilitate settlement negotiations. The mediator has no authority in ordering a resolution. The parties still maintain 100% control over whether or not they reach an agreement. For those parties who are unable to reach agreement, they still have the right to try their case before a judge/jury.
Question: My ex and I had our child custody agreement in place and signed by a judge before my parent's gp lawsuit went before the judge. Our child custody agreement grants each parent 2 weeks of uninterupted time with child during summer vacation. The GP agreement grants GP's 1 week of uninterupted time during summer as well as one overnight stay in the middle of the week,, every week. My lawyer told me that the parental agreement trumped the GP's agreement during our 2 weeks; in other words, gp's were not entitled to having thier visitation with child for their one night per week b/c that would interupt our parenting agreement. The GAL assigned disagrees with this. My question is this: am I entitled to my 2 weeks of uninterupted summer vacation with my daughter or do I have to accomodate the GP visitation, thereby not really getting uninterupted vacation time? Answer: I would appear that the two orders conflict. Move to consolidate the cases and get a comprehensive custody order for all parties. It would be logical for the GP's custody to no supercede your summer time. However, in most jurisdictions the second order would prevail over the prior order if the judge was aware of the prior order being in place. The GP's visitation order seems excessive when compared to the US Supreme Court case of Troxel. |
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