Quote: (01-08-2019 06:21 PM)RatInTheWoods Wrote:Hypothetical scenarios: If there is a bench warrant issued in NY and I have moved to CA assuming the following scenarios what happens?
Quote: (01-07-2019 08:00 PM)rungoodinc Wrote:
I am a divorce attorney. Pre-nups are fine but there are typically rules about whether they are enforceable or not.
Someone who makes money selling pre-nups and then makes money getting them overturned is not really someone we are going to listen to for advice on the matter, is it?
In Australia they are worthless, I'd hate to see a brother think he is safe, when he is not.
1)NY does not know where I am. I get pulled over in CA.
2)NY knows and I get pulled over. CA then releases me on habeas corpus. What's the chance NY still sends someone?
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If NY doesn't know where you live then its a moot point point since there would be no way they would have filed the contempt warrant in CA since they don't know where you are at.
First know the habeas corpus laws of the state you are in but if NO ONE is coming for you then they have no reason to hold you. If they release you why would NY send someone? The "sending" is just for transport.
Want to know something funny/sick? Some states don't even transport felons. PA has been known to let go of felons because they won't transport them and wait for other state to pick them up. NY and I assume most states will only send someone if it is close by so you don't usually have much to worry about on other side of country. But certain states that have a lot of NYers might get a visit.
One thing to think about..airtravel. Since 9/11 the major airports , customs agents can run you on the state databases. Thing is NO ONE can tell you if the actual agents do it or will do it but technically they can. If they did and it hit..NO ONE can tell you what they would do since Fed policy is secret in these matters. So to be careful if you are wanted in CA you might want to avoid CA airport customs. So fly out of Seattle instead!
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Best to move your money offshore, don't think it'll matter if it's money you had prior to divorce but I'd still still move it offshore or into an investment vehicle offshore that cannot be traced by any forensic accounting and let that 500k build. My way is the masculine way, it doesn't rely on government.
Perhaps for you but for Americans that is a bad way to go. You see, unlike little Australia, USA(Roman empire of today) has a very long arm and hiding money and not paying taxes on it is CRIMINAL. They will get you if they find out and it is becoming easier to find out everyday. Just park it offshore and pay your taxes and USA plays nice. Civil contempt charge is not criminal so Feds not involved. Also family lawyers can get involved by getting offshore gov'ts to get involved if fraud involved. Remember the crime isn't NOT sharing assets..it is contempt of court.
Quote:Quote:Haha, well isn't that what most lawyers do? Either have NO lawyer or both get one. Lawyers are needed to fight other lawyers. Always remember that your lawyer sometimes represents the other gender and does the crappy shit they do. That being said, they try to get them overturned because the client wants that. They just doing their job. Most don't get overturned if jurisdiction respects them but lawyers will try to get them overturned for non compliance. Each state is different.
Someone who makes money selling pre-nups and then makes money getting them overturned is not really someone we are going to listen to for advice on the matter, is it?
A big reason they get overturned is the duress issue." He won't marry me unless I sign so I cried and sign".
Hiding assets is another. If they can claim they "didn't know" later on. When you write one you should go over every account you own and write it down on a paper and give her a copy to sign and notarize. These are the details the lawyers argue about. When I wrote mine I played the lawyer side and wrote it to stand against the main reasons they are overturned in the 1st place.
YOU also should have a separate sworn statement where the spouse signs saying that they realize that their standard of living will decrease in a divorce based on asset division. That is another sneaky low life lawyer tactic. They will argue the spouse didn't realize the consequences. Cover all the bases and your contract is more binding.