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DIVORCE AND & FAMILY LAW ATTORNEYS

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" Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

David Bruce

" Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet."

Rowlin Garcia

" Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind."

Francis Anim
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A prenuptial agreement is a contract that stipulates how property and assets will be divided up if the couple divorces. Many people think that they do not need a prenuptial agreement if they are not wealthy. However, it is a good idea for every married couple to get a prenuptial agreement. It doesn’t matter if you have millions in the bank or living check-to-check.

You and your future spouse will have to take a complete inventory of the finances. If there are assets and property that you would like to keep separate, then you will have to designate yourself as the owner of the property. You can also include your business assets in the prenup.

What Should You Include in the Prenuptial Agreement?

The prenuptial agreement has to be tailored to meet the needs of you and your future spouse. You will have to consider your social and financial situation. Your prenuptial agreement should designate how the assets and wealth will be split. If there is a family pet, then the prenuptial agreement should say who is going to get custody of the pet.

Your prenuptial agreement also needs to include the following.

  • How you will handle business assets
  • Marital property and separate property
  • Who will get the house
  • Who will pay the mortgage, insurance and taxes on the house

The Benefits of Having a Prenuptial Agreement

If you have a prenuptial agreement, then you will be able to keep your own finances separate from your future spouse’s finances. There are many types of property acquired in a marriage that will automatically be included as a part of marital or community estate. However, the prenuptial agreement can determine whether an asset or property will be included in the marital estate, or it will be separate property.

Prenuptial agreements do not include child custody or child support arrangements. However, if you have children from a previous relationship, then you can ensure that they are properly cared for after you pass with a prenuptial agreement. The prenuptial agreement can ensure that your children inherit your assets and property.

If you don’t have a prenuptial agreement, then the state may decide how everything will be divided. Additionally, the prenuptial agreement will stipulate financial responsibilities in a marriage. For example, it will stipulate whether the two of you will have separate accounts or joint accounts. It will also determine whether your spouse will be the beneficiary of your estate plan after you pass away.

The Do’s And Don’ts of Prenuptial Agreements

Do’s

  • Consider your career and educational goals
  • Consider your savings goals
  • Consider your marital roles
  • Consider the difference in property division

Don’ts

  • Discuss child support or child custody in the prenuptial agreement
  • Present the prenuptial agreement to a judge without talking to an attorney first
  • Discuss the details of the prenuptial agreement with family members and friends
  • Allow your emotions to rule your decisions

Talk to Your Future Spouse

Communication is one of the keys to successfully putting together a prenuptial agreement with your future spouse. You and your spouse need to discuss the terms that should be included in the agreement. Both parties want the same thing. They want to be able to walk away from the marriage without losing their separate property and assets. They also don’t want to be destitute after a divorce.

You and your spouse have to be honest about what you don’t want to lose in a divorce.

Why You Need to Have an Attorney

It is possible for you to come up with a prenuptial agreement on your own. However, it is best for you to hire an attorney to help you. The courts tend to scrutinize prenuptial agreements carefully. They may determine that your prenuptial agreement is null and void.

Your attorney will make sure that your prenuptial agreement can actually be enforced. They will also make sure that it is fair to both parties. Additionally, it is important for both parties to have independent legal advice. You can protect your best interests by hiring an attorney.

Can adultery become an issue if the divorce is overturned?

An overturned divorce is a complicated situation, especially if you’ve moved on with your life and you’re in a relationship with someone new. If you’re with someone new and a previous divorce gets overturned, then adultery could become an issue. Here’s what you need to know if you find yourself in this situation.

Why a Divorce Would Be Overturned

It’s uncommon for a court to overturn a divorce, but there are situations where it can happen. The most likely reason for an overturned divorce is that one party alleges that the correct divorce procedure wasn’t followed, and therefore, the divorce should not be valid.

For example, if your process server couldn’t find your spouse and instead you needed to opt for substitute service, your now ex-spouse could petition to overturn the divorce based on not being served correctly. They may not succeed, but it’s a possibility.

When a divorce is overturned, you revert to being married to your spouse. Either of you can file for divorce at this point.

Fault and No-Fault Divorces

When you get divorced, your two options are a fault divorce and a no-fault divorce. Fault divorces were once the primary type of divorce throughout the United States, but these could be expensive and take a long time to complete. No-fault divorce has become far more common in recent years.

Not every state has fault divorces available anymore, but they all have no-fault divorces. New York was the last state to allow no-fault divorces, and it now has both options available.

With a fault divorce, you’re alleging that the divorce was due to some action on your spouse’s part, such as abandonment or adultery. With a no-fault divorce, there’s no allegation of fault. The most common grounds for no-fault divorce is irreconcilable differences.

Where Adultery Can Come into Play

Herein lies the problem when you’ve moved on with your life, only to have your divorce overturned. Let’s say that you’re dating someone new when your spouse gets the divorce overturned. Since the two of you are now married again, if you continue dating that new person, you are technically committing adultery.

At that point, your spouse could file for divorce and allege that you are at fault because you committed adultery. Although this doesn’t always affect the division of assets in a divorce, there is the possibility that you receive a less favorable agreement, such as a smaller amount of spousal support or no spousal support at all, if you’re found to be at fault.

How to Handle an Overturned Divorce When You’re Dating Someone

Since this is a tricky situation, your best bet is to talk to an experienced divorce lawyer about what you should do. Your lawyer can help you assess the risks of continuing the relationship.

If you didn’t want the divorce overturned, you will need to file for a new divorce and should do so as soon as possible. This will start the process of getting your life back to normal.

When it comes to your new relationship, if you wish to minimize your risk, you should immediately stop communicating with your new partner until after you are divorced again. Many people understandably don’t like hearing this, but it’s the safest option to avoid having a spouse allege that you committed adultery.

Now, this doesn’t mean that a court would find you at fault if you continued the relationship, because the burden of proof for your adultery would be on your spouse. They would need evidence of the relationship to present to the court. You could conceivably continue the relationship with no repercussions. It’s simply a matter of whether your spouse wants you found at fault for the divorce and how far they’re willing to go to collect evidence against you.


Based on 362 reviews.
Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
Verified
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Verified
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Verified
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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Testimonials

Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.

~ David Bruce

Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.

~ Rowlin Garcia

Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.

~ Francis Anim

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