Legal Blog: ‘RHOA’ Star Phaedra Parks & Apollo Nida’s Battle Over Joint Custody & Assets — Who Will Get What!

Posted on Dec 5 2016 - 9:48am by Stacy Slotnick, Esq.

apollo-nida-vents-about-divorce-kids-prison-call

What will happen to Real Housewives of Atlanta cast members Phaedra Parks and Apollo Nida’s children – and money – now that Apollo has filed documents from prison requesting joint legal custody of their two young sons, Ayden and Dylan, and an equitable split of their collective assets?

The convict filed his divorce petition in Georgia on Thursday, Dec. 1. Apollo said in the documents that their marriage is broken beyond repair and that he and Phaedra can no longer live together as husband and wife. He lists their date of separation as June 2014, before he was imprisoned. RHOA fans wonder if Apollo was responding to Phaedra’s filing or if he was filing his own divorce paperwork so that he could move on quickly with fiancée Sherien Almufti. But the more interesting question is how will Apollo’s checkered legal past impact his present and future.

Apollo Nida's Fiance Shereen AlmuftiSherien Almufti

The couple married in 2009 after Apollo left prison for a prior five-year sentence for racketeering. Apollo fails to mention in the documents filed on Dec. 1 that he is currently serving eight years in federal prison for financial fraud. Apollo has been in prison since 2014 for bank and identity theft. He pleaded guilty to charges in a fraud scheme that federal prosecutors say stole millions of dollars from at least 50 people over four years. He supposedly opened fake bank accounts and then got hold of stolen U.S. Treasury checks, stolen retirement checks from Delta Airline employees, and checks that were supposed to go to people who had unclaimed tax money.

Apollo Nida_RHOA

Having a criminal record could have devastating consequences that affect Apollo’s chances for receiving joint legal custody and an equitable split of marital assets.

Joint Legal Custody

Every child custody case boils down to what is in the best interest of the child. Phaedra’s lawyers will argue that a criminal is hardly a fit person to make decisions about the child’s schooling, medical care, and religious upbringing. The law is on Phaedra’s side: In most cases, child custody and criminal convictions are a recipe for disaster.

Apollo is asking for “joint legal custody,” which refers to the right of a parent or guardian to make major life decisions for the child. With joint legal custody, both parents have equal rights and responsibilities to make major decisions concerning the child over healthcare, schooling, and religion. However, one parent usually has final decision-making rights.

Because the character and propensities of a parent are relevant to a determination concerning legal and physical custody, anyone with a prior criminal conviction may find their history a major factor in subsequent child custody proceedings. With all other factors being equal, Apollo may still be at a disadvantage because of his status as a convicted felon.

Apollo does have one thing going for him, and that is the nature of his crimes: No family court is pleased with a parent who commits fraud but in the eyes of the law, that is a far less significant crime than a conviction involving battery, weapons offenses, stalking, domestic violence, etc. Stated another way, if you have ever been convicted of child abuse, child endangerment, or a sexually related felony, it is possible that you will not be able to get custody of your child and you will probably have severe limitations as to your rights when it comes to child visitation and decision-making powers.

Phaedra Parks And Her Sons Visit With Apollo Nida In Prison_RHOA

The fact that Apollo committed crimes when he was an adult and not some irresponsible 16-year-old is problematic for him. Fresh convictions that show poor judgment or reckless/dangerous behavior will typically be more difficult to overcome in a custody proceeding. A conviction in the very recent past will have much more weight and impact than one that occurred decades ago, everything else being equal. Apollo has exhibited a pattern of criminal behavior: He was previously imprisoned from 2004 to 2009 for RICO federal racketeering charges related to an auto theft ring.

If Apollo can show that he is a changed man since the conviction and that all possible steps towards rehabilitation have been taken, then the judge may be inclined to look at his convictions as past aberrations that he learned from and that he will never again repeat. The judge is given broad discretion in custody situations. The best interest of the child is the axiom.

A conviction related to fraud may not necessitate the court to question Apollo’s ability to care for Ayden, 6, and Dylan, 3, but rather his suitability as a role model. Put yourself in the judge’s shoes. Is joint legal custody appropriately applied here? Joint legal custody means parents must make large decisions together. The legal concept is somewhat controversial in the United States because it allows parents to have an equal voice in making decisions, but it can only successfully work where the parties involved are relatively stable, amicable parents who can behave in a mature, civilized fashion. Parents must be capable of cooperating in making decisions on matters relating to the care and welfare of the children with joint legal custody.

Equitable Split of Assets

One of the most significant policy questions involving the division of marital property is whether the division should be influenced by one spouse’s misconduct during the marriage. At present, a majority of jurisdictions hold that marital misconduct is a factor to be considered, especially where it has an economic impact on the marital estate.

Georgia is an equitable distribution state. Equitable does not mean equal, or even half, but rather what the court considers fair. Each spouse keeps his or her separate property and the court divides the property acquired during the marriage on an equitable basis.  In the state of Georgia all divisions of marital estates are considered to be equitable and therefore subjected to a flexible standard dependent upon the judge’s perception of the facts of each case. Georgia recognizes that both spouses have an equitable interest in all marital property acquired during the course of the marriage.  Once a court determines what assets are marital, it must determine how that property is to be divided. 

Divorce courts are “courts of equity” (courts governed by notions of fairness), so they have complete discretion when deciding how to award marital property. The courts in Georgia – unlike community property states – are not bound by any predetermined rules or formulas; they will distribute property in any proportion they believe is fair under the particular circumstances of each case. 

Georgia courts typically consider when deciding what is a fair division of assets the separate assets and financial status of each spouse; the cause for the divorce; liabilities of each of the parties; the earning capacity of each spouse; the conduct of the spouses towards each other during the marriage; and any wrongful conduct that resulted in a dissipation (waste) of assets by either spouse.

In a Georgia divorce, if misconduct on the part of one of the spouses is proven, that spouse may face consequences regarding the award of alimony and the equitable division of marital property. Under Georgia law, while a spouse who committed misconduct during the marriage will not be totally barred from receiving an award of the marital property as a result of his or her misconduct, the amount of marital assets awarded to the guilty spouse may be decreased as a result of his or her misconduct.

One reason to give one spouse a larger share of the marital assets is the bad conduct of the other spouse. When making a decision concerning the award of marital assets between the spouses, the court presiding over the case may consider evidence of adultery or crimes committed by the spouses. This misconduct may result in an unequal split of the marital property favoring the innocent spouse, especially if marital assets were used in the commission of the crime or marital assets were depleted due to the crime.

Should Apollo’s criminal background have an affect on a custody case or the distribution of marital property? Grab your gavel, join the conversation, and tell us what you think.

 

“Like” us on Facebook  “Follow” us on Twitter and on Instagram 

About the Author

Stacy Slotnick, a.k.a. The Foxy Jurist, holds a J.D., cum laude, from Touro Law Center and a B.A., summa cum laude, from the University of Massachusetts Amherst Commonwealth Honors College. Stacy is the recipient of the Honors Deans Award; Simon and Satenig Ermonian Memorial Scholarship; College of Social and Behavioral Sciences Opportunity Scholarship; and College of Humanities and Fine Arts Scholarship. She is also a William F. Field Alumni Scholar, an honor bestowed upon the most academically distinguished students. In law school, Stacy won two CALI Excellence For The Future Awards® and received an Achievement Scholarship. She is a member of the New York Bar. As an entertainment lawyer, Stacy counsels clients on contracts, branding, and public relations strategy. She negotiates with agents, producers, production companies, and lawyers to secure rights to projects on behalf of high-profile clients. Her clever, spirited, no holds barred legal analysis can be found in articles for The Huffington Post. * Facebook   * LinkedIn   * Twitter

  • SassyMcAsspants

    It sounds, to me, like Apollo fell from Mount Olympus and doesn’t stand a snowball’s chance in hell.

    • Stacy Slotnick

      Your poetic imagery is quite impressive. How could a judge look the other way when it comes to Apollo’s past criminal transgressions in determining custody and asset distribution?

      • aemish

        I find it hard to imagine Phaedra would even want a judge involved.. at the end of the day he knows where all the bodies are buried, no?

        • justanothermary

          She needs a judge to get it all put behind her.

      • SassyMcAsspants

        Thanks, Stacy. :).

        As far as asset distribution, I think he’ll be at a loss there seeing as his crime was directly related to money and finances. I think, and I could be wrong here, a judge would be more likely to give him some leeway if his crime pertained to something less financially related, for instance perjury or a DUI.

        As far as custody goes, he’s a two-time felon currently serving an 8 (?) year sentence.

        In other words, I don’t think he has much of a leg to stand on.

        • Stacy Slotnick

          I agree that he may be SOL regarding joint legal custody. He hasn’t proven good moral character or fitness to parent. It may be true that he will be entitled to very little in terms of assets or alimony. If the standard is fairness, a judge might see to it that giving Apollo very little in terms of assets is indeed fair and equitable.

          • SassyMcAsspants

            One would hope so, at least. 🙂

            Thanks for another great article and discussion, Stacy!

          • Stacy Slotnick

            It is my pleasure! Thank you so much for joining us here today!

  • the underground train

    Phaedra doesn’t even have to prove marital misconduct. It is on film and documented that he spent thousands of dollars at strip clubs and an affair with Sheriene Amulfti while married to Phaedra.

    • Stacy Slotnick

      That will indeed be useful evidence to prove misconduct. Do you think the money spent on strip clubs and his alleged affair during the marriage will influence the court regarding custody, division of assets, or both?

      • chacha1

        Since they were both making TLC money it will be interesting on what Phaedra had before the show ….. but once she married him it became marital property right? . I bet his share will be put in trust for his kids by court order…..

        • Stacy Slotnick

          Generally speaking, property or other assets and inheritances that were owned by either spouse prior to the marriage remain separate property. As per Georgia law, property brought into the marriage by one spouse that was generated by or acquired by that spouse PRIOR TO marriage is premarital property and is thus not subject to equitable division upon divorce. Do you think Phaedra will agree to split the assets acquired during the marriage equally or in half?

          • chacha1

            I do not know what to think and I wonder if the judge will be aware of the property Todd and Kandi hid for him in their garage

          • Stacy Slotnick

            Certainly Phaedra will need to have her ducks in a row and set forth any evidence that she wants the judge to be aware of in her divorce case when fighting for custody and marital assets. Tell us a little more about this property regarding Todd and Kandi and how that may affect the divorce outcome? Thanks!!

          • justanothermary

            The property in Kandi’s garage and at Cynthia’s place was confiscated by the feds to help make restitution to Todd’s victims. I’m sure if this will help her case, Phaedra will make sure that information is passed on to the family courts.

      • the underground train

        Custody not so much. Division of assets, yes. When dividing up assets it could easily determined that Apollo just squandered his earnings and is not entitled to equitable assets.

        • Stacy Slotnick

          Good point! Also, any assets that he spent on other women (affairs) will likely encourage the court to award Phaedra more assets so that the division will not be split 50/50.

          • SMDRN66

            Didn’t he also own a house or two that Phaedra never knew about? And what about their pre-nup? I know they had one.

          • Stacy Slotnick

            Like many states, the enforceability of prenups in Georgia requires a fact-specific inquiry. The Supreme Court of Georgia ruled in 1982 that the enforcement of prenuptial agreements will rest on three considerations. 1) Was the agreement obtained through fraud, duress or mistake, or though misrepresentation or nondisclosure of material facts? 2) Is the agreement is unconscionable? 3) Have the facts and circumstances changes since the agreement was executed, so as to make its enforcement unfair and unreasonable?

  • bren

    Joint custody? LOL..really?

    • Stacy Slotnick

      There is joint physical custody and joint legal custody. Apollo is asking for the latter. Do you think there is any chance he can convince a judge to grant him joint legal custody that allows him a say in making big decisions for Ayden and Dylan, such as over religious, healthcare and school issues?

      • the underground train

        How can he be part of those decisions while incarcerated?

  • MidwestMiddie

    Miserable Mama Joyce stated on the show that Phaedra could have easily been divorced
    from Apollo two months after he was returned to prison because this was his second time
    being a convicted felon. I think she is wrong.
    I read about the Georgia Law but it failed to go into any details. Assets? Custody of Children?
    Stacy will you please clarify whatever you can regarding this Georgia Law? I think if
    Phaedra could have divorced Apollo in short order she would have done so. Thanks!

    • Stacy Slotnick

      Greetings Midwest Middie. What is your question about assets and custody of children? In short, the court will consider Apollo’s criminal misconduct in splitting assets and the best interests of the children will be taken into consideration as it relates to issues of custody.

      • MidwestMiddie

        Sorry for not stating my question clearly. I’m questioning the timing of getting a divorce.
        Mama Joyce, Kandi Burress’s mother, said Phaedra could have been divorced by now if she had wanted to end her marriage. She was dissing Phaedra.
        Georgia has a law which will grant a divorce within 2 months if the prisoner has served more than 2 years in prison.The terms seem to apply to Apollo but I think the reason Phaedra has taken her time getting the divorce was due to the issues you’ve raised – assets and custody,

        • the underground train

          I remember when that aired. I figured a producer must have fed her that line because I cannot imagine Mama Joyless being well versed in Georgia family law.

          • MidwestMiddie

            I agree. The entire scene looked like a producer set up.

        • Stacy Slotnick

          Thank you for explaining your question. I am unfamiliar with a statute that provides the state of Georgia will grant a divorce within 2 months if the prisoner has served more than two years in prison. The most common ground for divorce in Georgia is irreconcilable differences, meaning the parties simply cannot get along and their marriage is at an end. Other grounds for divorce include adultery, habitual intoxication, and abandonment. Georgia is not a fault-based state. Fault, such as adultery, can be used as a factor in determining alimony. Other fault issues can also figure into custody determinations. Generally, the only basis for an annulment is an allegation of fraud.

  • CNN

    Is joint custody possible for a jailed parent?

    • Stacy Slotnick

      Join legal custody is possible for a parent who is incarcerated because they can make decisions about the child’s religion, schooling and medical care from behind bars. People often get confused about the differences between joint legal custody and joint physical custody. Apollo is asking the court to grant him joint legal custody. However, a court may decide that he should not make decisions for Ayden and Dylan because of his criminal record. Do you think he should be given joint legal custody?

      • Kissme

        Absolutely not!

        • Stacy Slotnick

          Do you think Apollo requested joint legal property not because he wants to make decisions about his sons but to use it as a bargaining chip for getting more assets like property and cash?

          • justanothermary

            I believe this. What other possibility is there? Apollo was voiced his fear of getting out of jail and having nothing. He wants something to get out and HAVE so he’s not homeless, etc.

          • Marsbars09

            I think so.

          • Kissme

            Possibly, I wouldn’t trust his motives.

  • CNN

    If Apollo marries his new fiancé, would that help him in his custody case? And can the new wife bring his kids to visit him?

    • Stacy Slotnick

      That is an excellent question. Courts could consider the impact and character of a significant other when determining custody issues of children in a divorce case. The axiom is, “What is in the best interest of the children?” If analyzing Sherien Almufti’s background, profession, etc. will help the court reach a more complete conclusion then Sherien’s character and fitness could come into play, especially since Apollo is behind bars.

      • SMDRN66

        Apparently, she’s got a shady background as well.

        • Stacy Slotnick

          What has Sherien been up to? Do you think they are together for a publicity stunt?

  • Marsbars09

    Hi Stacy! Thank you so much in discussing this hot topic with us.
    First I just want to state that I believe there is more to Apollo’s divorce filing than meets the eye. I think he is using his engagement to another woman to convince the judge that he is still “marriage material”, and not only that, his fiancée has a child. This would show the judge his fiancée is comfortable with Apollo parenting her child.
    Second, I believe Apollo is using this divorce filing as a bargaining chip to they what he wants from Fake. Whether that be access to the kids or a monetary settlement who knows. What I do know is that Apollo may be dumb, but he is certainly calculating & street smart.

    • Stacy Slotnick

      Thank you so much for your well-reasoned analysis! You make many convincing points. I work with comedians and showrunners who submit jokes in scripted series that they know will not pass muster with the censors or network brass so they use those jokes or lines as phantom ones to get approved the real jokes they want in the series. Its a bait and switch and it happens in every area of business, including divorce. Apollo’s strategy may be that he doesn’t want joint legal custody but will use that request/demand as a bargaining tool to get more marital assets.

    • Contessa Bel Raven

      She may be comfortable with it but her daughter’s father is not

      • Marsbars09

        Hi Contessa! I hope you’re doing well. 😊
        You bring up a great point. But that brings up the question: is the girl’s father in her life? If not, then the mother has free reign to bring her daughter around Apollo.

        • justanothermary

          I think this depends on custody issues. Does the father have legal or physical custody rights? Also, even if the father is essentially away from the child most of the time, he could use the association with Apollo as leverage to gain more access to the child, if that is his wish.

        • Contessa Bel Raven

          I do know he has spoken out about it and in fact iirc has also said he is stopping child support until she complies with not taking her. He seems to be involved in her her life but I don’t know how involved he is with.

    • justanothermary

      I don’t think any court would look at Apollo’s engagement to someone else. while still married to Phaedra, as anything other than negative. I think the whole stunt is stupid on Apollo’s part. If Apollo were not incarcerated this would be considered adultery, which still makes a difference in favor of the injured spouse in Georgia, if I understand the laws properly.

      • Stacy Slotnick

        You are indeed correct. Are there any arguments that Apollo can make in favor of joint legal custody and splitting the assets during the marriage equally?

        • justanothermary

          Apollo did make a pretty big point that the house they lived in was “his”! He seemed to think that because he put a lot of time and effort into upgrading the home. Would his sweat equity in the house give him any leverage in court?

          • Stacy Slotnick

            If the value of the property increased due to his efforts, then yes, indeed the court may consider it when awarding that marital assets to the spouses.

  • alwayznillin

    I am confused, as to how a judge can even consider joint legal custody for Apollo. With Apollo being incarcerated, it’s not like he is readily available for Phaedra to consult with him, for any issue that may pertain to the children.
    So Stacey, is the request from Apollo truly viable and would this matter hold up the divorce?

    • Stacy Slotnick

      Great questions! Apollo could request joint legal custody and be granted it but because he is behind bars, the court would leave the ultimate decision up to Phaedra. The reality is that he is unlikely to be granted joint legal custody because of his recent crimes and pattern of criminal behavior. The character and propensities of both parents are relevant to a determination concerning legal and physical custody. Apollo is at a disadvantage because of his status as a convicted felon.

      All things being equal, parents are awarded joint legal custody, which means that the parents must share in decision making regarding the children and that the parents have equal rights to the child’s medical and educational records. However, who can argue that all things are equal here when there is an admitted felon?

  • Joanplus2dogs

    My question regarding assets is what about the money he stole & the fines & money he has to pay back – who decides where those funds come from? Is her finances in jeopardy by being married at the time & maybe profited/benefited from those illegal funds?

    I cannot see him getting joint custody due to previous crimes & length of current prison sentence in a location out of state.

    • Stacy Slotnick

      When the court is evaluating the assets and liabilities during divorce proceedings, it is more likely than not that all the money he stole will be his burden to pay back. I don’t see a court requiring Phaedra to contribute to that liability even if it was “acquired” during the marriage. The court would be hard pressed to assign liability to Phaedra for his crimes during the marriage.

  • Contessa Bel Raven

    Thanks for another great blog Stacy. I personally don’t think Apollo should get joint legal custody. Like her or hate her no one can deny Phaedra has been a good, very hands on mother to those boys. Apollo showed how much he had the boys on his mind when he spent his time running around with Todd, Peter and Miss Sherien before he went to jail instead of spending time with them. As for marital assets I don’t think he should get half. Can they count stolen funds as part of marital assets? Cause he never held down a legitimate job while married other than RHOA and he spent his money making it rain in the strip club as opposed to helping his family. He also spent on those assets hidden by Todd and Peter. I would think some of the footage of these things could be permitted as evidence if filed by Phraedra since these things were caught on film. I also think that Apollo doesn’t want joint custody but is using it to get more assets. I’ve never been under his spell and he is a man who if I met in real life I would run the other way. I don’t trust handsome smooth talking manipulative idiots. You just feel like they are looking to use you for what they can get from you. Having fallen to some such in the past I am now wiser at spotting them and removing myself from their presence asap.

    • Stacy Slotnick

      You are so welcome, and thanks for the excellent feedback and comments! The court will unlikely count Apollo’s stolen funds as marital property. He and he alone will have to pay back his victims. Having two incarceration stints is like having three strikes against him in family court when it comes to custody decisions.

    • Marsbars09

      Great commentary Contessa. I too believe Apollo is using his divorce filing & engagement as some sort of bargaining chip.

      • justanothermary

        The engagement cannot be looked at by the courts as anything other than a negative.

      • Contessa Bel Raven

        He’s a real piece of work isn’t he? Guys like him are why character matters more than looks to me.

  • AnEnigmaWrappedIn$nark

    I really hate to give credence or relevance to these morons by even commenting at all, but what the hell. I can’t stand Phaekdra, but this loser doesn’t deserve one penny of the money she earned (legitimately?) before they met. In between his being sprung and going back again (which I believe is inevitable), he needs to get his toys out of Kandi’s garage and call it a day. The fact that this new thirsty skank would want him around her own kids is speaks volumes about her.

    • Stacy Slotnick

      You are correct – Phaedra will not have to hand over money or property she had coming into the marriage because that is premarital property/assets are not subject to equitable distribution in the state of Georgia. A few posters here have commented about whether the justice scales will tip either way for Apollo now that he has a significant other.

      • Trippinhhard

        Shouldn’t any money he receive go toward paying off his fine.. I do think he deserves to see his boys, but I don’t think he should get custody of them.
        They did sign a prenup before marrying and recall Phaedra saying the house and her car was in her name.. this is a slippery slope to me…

      • AnEnigmaWrappedIn$nark

        Surely any judge worth their salt would see this skank for the thirsty opportunistic fame ho’ that she is, and would therefore have no bearing Phaekdra and Apollo’s custody issues. In fact, I would hope she is actually a detriment. But what do I know?

  • Trippinhhard

    I do feel for Aiden because he had a good relationship with his father and he was afraid to be around him.. They showed him taking him to the dentist and doing other things. The otherchild don’t remember him because he was so young.. That’s the saddest part of all his behavior to be away from his boys..l

    • Stacy Slotnick

      That is such an important point. Sometimes the judge will ask the child if he or she is over a certain age, usually 10, or have a social worker speak to the child and provide an evaluation if there is a preference articulated by the child. If Ayden can verbalize his desire about his parents, a judge may take those feelings into account but that is unlikely because of his age. In determining the best interests of the child, the judge may consider any relevant factor including, but not limited to: The love, affection, bonding, and emotional ties existing between each parent and the child.

      • Trippinhhard

        I know that’s what happen to my son, the judge called them into his chambers alone and spoke with them together and separately.. He received custody of both his boys, they were 9 and 10.. But the judge came out with his eyes red.
        He told their mother off about be so greedy and not spending 1/10 of that $1600.00 a month on them. Not cooking for them, not washing their clothes and being so damn selfish.. He ordered her to repay him 1 years of child support back, but my son told him, he didn’t want it, he just wanted his boy.. He was tired of begging and chasing her to see them when it was appointed.. My ex and I raised the oldest until he was 5 years old for her to finish college..

        • Stacy Slotnick

          Thank you so much for sharing your personal story with the group. No doubt you can help shed light on what its like to go through custody proceedings and your impressions and experiences can indeed help others. 🙂

          • Trippinhhard

            Thank you for taking time out of your busy day, to give us legal FACTS not fiction.. Be blessed

          • Stacy Slotnick

            It is my pleasure. Thank you for your kind words as I’m so glad the blog proved informative. Wishing you and your family much health and happiness in the new year!!

          • Trippinhhard

            Same to you Stacy, the Sexy lawyer. Have a safe and beautiful holiday, mixing with the rich and famous…

          • Stacy Slotnick

            I appreciate your truly complimentary words. Happy Holidays!

          • Trippinhhard

            You too

  • MBB14

    Well, Apollo, with his high level of education should definitely be involved in educational decisions … oh, wait….
    Puhleeeeeze

    • Marsbars09

      LOL!

  • BetteDavisEyez1

    The two things that stuck out for me was 1. Conduct of the spouses towards each other during the marriage; and any wrongful conduct that resulted in a dissipation (waste) of assets… we all heard Apollo brag about spending thousands in the strip clubs.
    2. Misconduct on the part of one of the spouses is proven… we all now know that Apollo was already dating his now fiancée before he went asunder. LOL!!
    Apollo may think he has leverage but he has no hand. I also thought there was a prenup.

    • Stacy Slotnick

      You zeroed in on two key points in this law blog. The court is absolutely going to look at how funds were spent during the marriage and whether Apollo’s crimes impacted the depletion of assets when considering how to divide marital property. Now, the more negative proof Phaedra can usher in the better. The court isn’t going to sua sponte (on its own accord) do much of the heavy lifting when it comes to investigating the financial record. Phaedra has to spotlight Apollo’s wrongful conduct.

      As for the prenup, I mentioned in a separate thread how Georgia will analyze the enforceability of that type of contract. If there was an enforceable prenuptial agreement, then the terms would apply when it comes to the division of marital assets. However, if there was duress, pressure, unconscionability, no independent counsel for either spouse, or false information was given the agreement may be invalidated.

      Also, remember that spouses cannot contract away rights regarding children. A prenup cannot include child support or child custody issues. While you may be able to include some details about child custody and support in a prenuptial agreement, the court generally will not enforce such details if they are against public policy or if the court believes it is not in the best interests of the child to enforce them.

      Thanks again for commenting here!

      • BetteDavisEyez1

        I appreciate the time you take to explain the legality of these situations.

        • Stacy Slotnick

          It is my pleasure. Thank you so much for commenting on this legal blog. Happy Holidays!

          • BetteDavisEyez1

            Happy Holidays to you as well.

  • Bobbi

    Apollo is stating what he wants in the divorce but, something tells me he won’t have to go through the courts to get it. He’s just putting it in writing to let everyone know what he’s asking for then he going to threaten to expose her if she doesn’t give it to him. Jail isn’t the only thing Phaedra has to be afraid of if Apollo tells everything.

  • SMDRN66

    Just like I figured, Alpo is caught lying again. Phaedra had the judge unseal the divorce and yes, she and Alpo are officially divorced. She has full custody of the boys. When he gets out, visitation will be worked out. But it’s all over. Now Alpo can marry toilet paper ring girl.