AMA about California Divorce/Family Law

GuitarHero07 · 2015-03-09T20:48:32+00:00

Any tips on ensuring a solid prenup? We've all heard the horror stories of judges throwing out prenups for various reasons. What are some guidelines to ensure that you don't get fucked in family court?

TRPingBalls · 2015-03-10T00:44:02+00:00

Everyone in the sub speaks as if prenups mean nothing and there certainly have been numerous high profile cases where they have been thrown, but I have a hard time believing the number of prenups that are thrown out is that high. I've googled and googled and have come up with nothing. Are you aware of any study that looked into this? I don't want to be right or prove anything, I simply want to know what the reality is. My intuition says that there is pretty solid precedence on this and rather clear guidelines that a competent attorney could navigate to ensure a completely bulletproof agreement, even though the terms may be limited to agreements less fair than the husband may desire. Thanks.

TekkomanKingz · 2015-03-09T20:23:57+00:00

CA is known as the palimony/automatic alimony state, what actual legal tenets are in place which allow Judges to dictate this relentlessly with each divorce or split up? Is it legislation dating back to the Gold Rush era so that husbands wouldn't leave their girlfriends/wives without indemnity and head back east with the earnings?

AFPJ · 2015-03-09T21:39:10+00:00

What's your stance on cohabitation agreements? Ie., outlining expectations, promises and responsibilities & clarifying that there was no "assumed" responsibility for the man to, in any way, provide for the woman beyond the duration of their cohabitation. I hear this can save a lot of trouble & allows indefinite cohabitation with low chance of legal rape.

Legal rape in this case would be Palimony aka Marvin Claims which sometimes arise from extended cohabitation.

The above combined with not Marrying & a vasectomy (keep it secret so you can drop the bitch if she claims to be pregnant with "your" baby) is the closest a man can get to enjoying a woman AND the following forgotten concepts:

Fifth Amendment to the United States Constitution

nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Fourteenth Amendment to the United States Constitution

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Equal protection of the laws is an interesting one, since it does imply that laws (like Title IX) that only (in reality) extend to certain genders, demographics or ethnicity are intrinsically immoral, unjust and should not be allowed.

And yes, I know you get laughed at if you try to claim something is against an Amendment in court. While we're at it, Hate Crime Laws (protected classes) & stuff like Violence Against Women Act are also technically unconstitutional.

TRPLeftist · 2015-03-09T20:29:21+00:00

I live in a place with no community property laws, would I ever have to worry about losing my house in a divorce if I bought it before marriage?

TRPingBalls · 2015-03-10T00:49:26+00:00

There was a mag in the shitter at work (something something law) and they had an article about community property states. The article made the claim that community property doesn't mean much if the spouses clearly maintain separate property. i.e. husband and wife have separate checking/savings accounts, retirement accounts, etc. The article said all that community property means is that the name on the title/account means nothing, what determines ownership is usage. If only the wife uses the victoria's secret card and is the only one that pays on it from an account that only she has access to, the debt is not community property. If they live together, however, it doesn't matter who is on the deed. The house is community property. Can you speak on this a little?

captainramen · 2015-03-10T20:37:53+00:00

https://archive.today/W9K3E

What should I do here?

doublereignbeau · 2015-03-09T23:55:28+00:00

How much protection would I get for things like a bank account in Singapore?

How often are US assets frozen during a divorce?

watersign · 2015-03-10T04:17:00+00:00

so..i live in california..what can i do to protect myself if i get married (which probably wont be happening)

cgreenlander · 2015-03-10T09:01:04+00:00

TRPingBalls, I am a US Citizen living abroad in Russia. If I get married and then subsequently divorced in Russia, how likely is it that a Russian court judgement (requiring division of assets, alimony, child support, etc.) could be used to collect on my assets located in the United States?

richard84 · 2015-03-10T14:40:04+00:00

I do have a couple of questions:

If you marry out of state (e.g. where my parents live, or destination wedding) does that change the state laws you need to follow, assuming you work and live in CA?
Community property state, so she gets 50% of your assets. Would a judge be sympathetic with the argument "she gets lots of liquid and illiquid assets at the time of divorce, I can give her little to no alimony". Or should property division and spousal support be fair independently of each other?
I know child support cannot be negotiated, but can you tie certain terms (e.g. how long she gets to stay in the family home before having to sell it or pay rent for my quota of ownership) to the number of children you have?
What happens if you move out of state? More concretely, to a state that has no community property laws...

sigmayogi · Wed Mar 11 21:43:53 2015 UTC

Is there common law marriage in California? Will I get passively hitched after years of cohabitation?

BlaiseDB · 2015-03-10T00:01:16+00:00

I am a former family law attorney who worked in Ontario briefly and then in British Columbia for four years. The specifics of the laws vary from province to province but the basic structure is the same. My understanding is that there is a big difference from American law regarding common law relationships, alimony, and child support calculation/enforcement.

edwardhwhite · 2015-03-09T21:23:17+00:00

do not give out legal advice unless you are a lawyer.

Title	AMA about California Divorce/Family Law
Author	TRPingBalls
Upvotes	24
Comments	71
Date	March 9, 2015 7:52 PM UTC (9 years ago)
Subreddit	Posted in /r/TheRedPill
Original Link	https://old.reddit.com/r/TheRedPill/comments/2yh58j/ama_about_california_divorcefamily_law/
Archive Link	https://theredarchive.com/r/TheRedPill/ama-about-california-divorcefamily-law.30036 https://theredarchive.com/post/30036