Another headline celebrity New Jersey divorce has hit the tabloids. Sherri Shepherd and her husband Lamar Sally have each filed for divorce, according to news reports. Sally filed in California and Shepherd has filed in New Jersey. When spouses file for divorce in different states at about the same time (called concurrent filings), often the first to file has the case heard in his or her state. However, since Sally reportedly recently moved to California and isn’t yet eligible for divorce under California’s residency requirements, this may be a New Jersey divorce after all, since Shepherd was able to actually file for divorce in New Jersey, whereas as Sally could only file for separation.
The couple reportedly has a prenuptial agreement. Prenuptial agreements are contracts signed before marriage (they can also be signed after marriage and are then called post-nuptial agreements) which lay out the couple’s agreement about how they will divide their financial lives should the marriage end in divorce. According to media reports, Sally would receive no more than $60,000 under their prenuptial agreement, due to the length of the marriage. News reports claim Sally is alleging the prenup was created through fraud and is asking that it be invalidated. In New Jersey, a prenup is invalid if:
- It was not signed voluntarily
- The agreement was unconscionable (extremely unfair) when it was signed
- There was no full disclosure of finances or waiver of the need for this
- Each spouse did not have an independent attorney
Reports say that Shepherd earns much more than Sally, therefore having the prenuptial agreement invalidated would be in his best interests, opening up the income earned by Shepherd during the marriage to equitable distribution in the divorce.
When you are facing a divorce, custody case, or other family law case in Peapack, New Jersey or the surrounding areas, you need the high quality representation that DeTorres & DeGeorge provides. Call us today at 908-284-6005 to schedule an appointment.