Do I need a prenuptial agreement like Dutchess and Caesar on Black Ink?

Dutchess and Caesar have been discussing a prenuptial agreement on VH1's show Black Ink. Many have questioned whether or not they, themselves, need the agreement and if it will sully the marriage before it even begins.

Before drafting a prenuptial agreement, consider how it will make your future spouse feel and if you have given them enough time to map out their options.  Also consider that while you may be the bread-winner now, that may not always be the case and you could be signing away your rights to money that you helped your spouse earn during the marriage. 

In North Carolina, these are the requirements for a valid prenuptial agreement:

1. The prenup is only effective on the date of marriage
2. It must be in writing and signed by both people
3. Both people must disclose all of their assets and debts
4. Both people must sign voluntarily 

How do I get out of this mess?

If you'd like to get out of your prenuptial agreement there is hope. You must either: 

1. Revoke or amend the agreement in writing and have the revocation signed by both people  
2. Show the court that you will require government assistance if the agreement is not rescinded (revoked)
3. Show that you were never married 
4. Prove to the court that you did not enter into the agreement voluntarily and you were coerced or under duress when you signed (signing on your wedding date may not be enough by the way)

Kisala Watkins Law Group, PLLC
323 E. Chapel Hill Street, Suite 203B
Durham, NC 27701
P: 919-321-6569
Nastasia@kisalawatkins.com
www.kisalawatkins.com

We assist clients in the following areas:

Orange County, NC 

• Cary, NC
• Chapel Hill, NC
• Carrboro, NC
• Hillsborough, NC
• Mebane, NC
• Efland, NC 

Durham County, NC

• Durham
• RTP
• Bahama
• Rougemont

*Neither KisalaWatkins Law Group, PLLC nor Nastasia Watkins own the rights to the pictures listed above and all pictures are posted for illustrative purposes only. You do not become a client of Kisala Watkins Law Group, PLLC unless you enter into a written agreement signed by you and an attorney at this firm. Such agreement must also indicate the scope of the work that is to be done. Correspondence by mail, fax, blog, or email does not establish an attorney-client relationship unless a written agreement has been entered into by both parties. Any information provided is based on the writer's understanding of North Carolina law and a consultation is required to provide adequate legal advice based on your situation.

Kaley Cuoco cites irreconcilable in her divorce. Do I have to cite a reason for my divorce in North Carolina?

"Big Bang Theory" star Kaley Cuoco has filed for divorce from her tennis pro husband, Ryan Sweeting. She cited that the two separated due to "irreconcilable differences" as she likely filed in a jurisdiction that requires fault by at least one party before a divorce is finalized.* However, in North Carolina, neither party has to necessarily be at fault. The steps for filing divorce in NC are listed below:

1. In NC you must be separated for 1 year (unless your spouse is incompetent or insane). 
2. After this one year separation you can file for divorce using the forms provided at most clerk's offices or by submitting a complaint for absolute divorce. 
3. Your spouse is then served and he/she has 30 days to respond to and/or challenge your complaint for divorce. If your spouse is served and does not respond within the 30 day period, you may file for a Summary Judgment Divorce which automatically grants your divorce because no one has challenged it. 
4. You will then be awarded an Absolute Divorce or "Divorce Decree" signed by a judge ending your marriage and allowing you to re-marry.

Remember that you must file to separate the property, receive spousal support, and request alimony before your final divorce decree is entered or you lose them forever.

Filing all of the claims related to the marriage/divorce at once will also save you some money because there is just one filing fee! You can file for child support and child custody at anytime before, during or after the marriage depending on your living situation. However, there will be a separate filing fee if you do them each separately, so ask your attorney about filing them all at once.

Kisala Watkins Law Group, PLLC
323 E. Chapel Hill Street, Suite 203B
Durham, NC 27701
P: 919-321-6569
Nastasia@kisalawatkins.com
www.kisalawatkins.com

We assist clients in the following areas:

Orange County, NC 

• Cary, NC
• Chapel Hill, NC
• Carrboro, NC
• Hillsborough, NC
• Mebane, NC
• Efland, NC 

Durham County, NC

• Durham
• RTP
• Bahama
• Rougemont

*"Kaley Cuoco Cites Irreconcilable Differences as She Files for Divorce From Ryan Sweeting – and Yes, There's a Prenup" by Karen Mizoguchi,

09/28/2015 AT 08:00 PM EDT, http://www.people.com/article/kaley-cuoco-files-divorce-papers-cites-irreconcilable-differences. Accessed September 29, 2015.

 **Photo Credit:http://www.people.com/article/kaley-cuoco-files-divorce-papers-cites-irreconcilable-differences

 

 ***Neither KisalaWatkins Law Group, PLLC nor Nastasia Watkins own the rights to the pictures listed above and all pictures are posted for illustrative purposes only. You do not become a client of Kisala Watkins Law Group, PLLC unless you enter into a written agreement signed by you and an attorney at this firm. Such agreement must also indicate the scope of the work that is to be done. Correspondence by mail, fax, blog, or email does not establish an attorney-client relationship unless a written agreement has been entered into by both parties. Any information provided is based on the writer's understanding of North Carolina law and a consultation is required to provide adequate legal advice based on your situation.

How can I terminate my ex's parental rights?

Nia Guzman, the mother of Chris Brown's daughter Royalty is in a custody and child support battle with the rapper following an initial agreement for $1,500.00 per month. She has made statements about not trusting Brown with Royalty while he's on tour. Chris has comeback and said that he does not trust Nia with the child because Nia's new boyfriend is a felon on the run.* Nia seems to be fighting to limit or end Chris's visitation rights. While we do not know how this case will end, if you are also wondering if you or your ex's rights can be terminated, this post may be helpful. 

To terminate your ex's parental rights you must show the court that your ex:

1. Abused or neglected the child
2. Has not provided financial support or consistent care to the child for 6-12 months depending on the circumstances
3. Is incapable of providing care due to a mental illness 
4. Has lost his/her parental rights to another child or
5. There are pending adoption proceedings and he/she does not object to the adoption

To request that the court terminate your ex's rights, you must:

1. Be the parent of the child
2. The child has lived with you for at least 2 years or
3. You have filed for adoption

Keep in Mind

• You WILL have a hearing on your request so you'll be required to answer your ex's questions and prepare questions for him/her to answer. Because we all have a Constitutional and inherent right to care for our children you have an uphill battle in convincing the judge to terminate your ex's parental rights. 

• Terminating a person's parental rights completely and permanently terminates all rights and obligations of the parent to the child. So you cannot terminate your ex's rights then ask for child support or change your mind later.

• This is usually the type of case pursued by the Department of Social Services or a procedure completed during an adoption case. 

There are other instances that permit the termination of parental rights but this is a quick list for those looking for concise information. Your first step is likely to file a custody and/or child support claim so, feel free to contact my office with any questions specific to your case.

Kisala Watkins Law Group, PLLC
323 E. Chapel Hill Street, Suite 203B
Durham, NC 27701
P: 919-321-6569
Nastasia@kisalawatkins.com
www.kisalawatkins.com 

We assist clients in the following areas:

Orange County, NC 

• Cary, NC
• Chapel Hill, NC
• Carrboro, NC
• Hillsborough, NC
• Mebane, NC
• Efland, NC 

Durham County, NC

• Durham
• RTP
• Bahama
• Rougemont

*" Chris Brown -- My Baby Mama's BF Is a Wanted Man!!" by TMZ Staff, Aug. 28, 2015, 11:50 AM PDT. http://www.tmz.com/2015/08/28/chris-brown-king-ba-wanted-forgery-nia-guzman-royalty.

*"Chris Brown -- My Baby Mama's Got Terrible Judgment In Boyfriends," by TMZ Staff, Sept. 1, 2015 3:40 AM PDT. http://www.tmz.com/search/news/chris%20brown?adid=TMZ_Web_Nav_Search#ixzz3kh9dRnOK.

 **Photo Credit: www.ibtimes.com

 

 ***Neither KisalaWatkins Law Group, PLLC nor Nastasia Watkins own the rights to the pictures listed above and all pictures are posted for illustrative purposes only. You do not become a client of Kisala Watkins Law Group, PLLC unless you enter into a written agreement signed by you and an attorney at this firm. Such agreement must also indicate the scope of the work that is to be done. Correspondence by mail, fax, blog, or email does not establish an attorney-client relationship unless a written agreement has been entered into by both parties. Any information provided is based on the writer's understanding of North Carolina law and a consultation is required to provide adequate legal advice based on your situation.