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Tag: issues

I want my husband to get 0 in the divorce if he bothers me about my weight

Can I include that my husband will get 0 in the divorce if he bothers me about my weight in the prenup? 

I cannot discuss this question as it applies to all jurisdictions, but I can give you my opinions as to how I believe they apply in the jurisdiction where I practice divorce and family law (Utah). Remember, this is just my opinion, not advice. If you want legal advice as to what to do in a particular situation in a particular jurisdiction, you need to consult with your own attorney.  

First, and with sincere due respect, know that if you are that sensitive about your weight and/your fiancé, a prenuptial agreement isn’t going to solve that/those problems.  

Can you include such a provision in a prenuptial agreement? Yes, nothing can stop you from literally writing up such a provision and including it in a prenuptial agreement that your fiancé signs.  

Will such a provision be legally enforceable? That’s a different question, and the key question. 

And the answer to that question is: maybe. Be aware of this provision of the Utah Code regarding the enforceability of prenuptial agreements: 

Utah Code § 30-8-6. Enforcement. 

(1) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that: 

(a) that party did not execute the agreement voluntarily; or 

(b) the agreement was fraudulent when it was executed and, before execution of the agreement, that party: 

(i) was not provided a reasonable disclosure of the property or financial obligations of the other party insofar as was possible; 

(ii) did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and 

(iii) did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party. 

(2) If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility. 

(3) An issue of fraud of a premarital agreement shall be decided by the court as a matter of law. 

So if your prenuptial agreement provides that fiancé/future husband does not get alimony if he makes your weight an issue, and if denial of alimony would cause your husband to be eligible for public assistance, the “make an issue of my weight and you get nothin’” provision may not (likely would not) be enforceable.  

Utah Family Law, LC | divorceutah.com | 801-466-9277  

https://www.quora.com/Can-I-include-that-my-husband-will-get-0-in-the-divorce-if-he-bothers-me-about-my-weight-in-the-prenup/answer/Eric-Johnson-311  

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What are the 3 main issues that lead to divorce these days?

Every time you hear about divorce, what are the 3 main issues that lead to divorce these days? 

I have been a divorce and family law attorney for 26 years. In that time I have spoken to thousands of people about divorce and their reasons for seeking a divorce. While there are many reasons one may need or feel the need to divorce, the “top 3” reasons are, in my experience: 

  1. Broken trust (whether that is caused by infidelity or hiding a substance abuse problem or failing to “pull one’s own weight” in the marriage relationship, etc.) 
  2. Placing self-interest ahead of fostering the marriage partnership (which usually takes the form of expecting your spouse to be perfect and to be solely or primarily responsible for your happiness) 
  3. Immaturity and/or some kind of mental health disorder 

Utah Family Law, LC | divorceutah.com | 801-466-9277 

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Does a spouse have the right to see a DUI report?

First, if you are referring to a police report of a DUI citation and/or arrest, in most jurisdictions such records are public record, and thus available not only to your spouse, but to any other member of the public.

Second, if the question of whether you were cited and/or convicted of DUI arises in a divorce or child custody case because your spouse and/or the court has determined that alcohol or other substance abuse concerns are relevant to the child custody award or alimony award or other issues, then even if your DUI report were not already public record, it would likely be discoverable in the course of litigating the case and preparing for trial, so that both your spouse and the court would have that information available to them when arguing over which parent should receive child custody and/or how much time each parent should spend with the parties’ children, whether alimony should be tempered by your substance and/or spousal abuse history, etc.

Bottom line: records of a citation for, arrest for, conviction of, and or incarceration resulting from DUI are almost certainly discoverable in most divorce and child custody cases.

Utah Family Law, LC | divorceutah.com | 801-466-9277

https://www.quora.com/Does-a-spouse-have-the-right-to-see-a-DUI-report/answer/Eric-Johnson-311?prompt_topic_bio=1

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Does a spouse have the right to see a DUI report?

Does a spouse have the right to see a DUI report?

First, if you are referring to a police report of a DUI citation and/or arrest, in most jurisdictions such records are public record, and thus available not only to your spouse, but to any other member of the public.

Second, if the question of whether you were cited and/or convicted of DUI arises in a divorce or child custody case because your spouse and/or the court has determined that alcohol or other substance abuse concerns are relevant to the child custody award or alimony award or other issues, then even if your DUI report were not already public record, it would likely be discoverable in the course of litigating the case and preparing for trial, so that both your spouse and the court would have that information available to them when arguing over which parent should receive child custody and/or how much time each parent should spend with the parties’ children, whether alimony should be tempered by your substance and/or spousal abuse history, etc.

Bottom line: records of a citation for, arrest for, conviction of, and or incarceration resulting from DUI are almost certainly discoverable in most divorce and child custody cases.

Utah Family Law, LC | divorceutah.com | 801-466-9277

https://www.quora.com/Does-a-spouse-have-the-right-to-see-a-DUI-report/answer/Eric-Johnson-311?prompt_topic_bio=1

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